0001047469-03-034157 Sample Contracts

AGREEMENT and PLAN OF MERGER by and among JAGUAR TECHNOLOGY HOLDINGS, LLC, FIRE TRANSACTION SUB, INC. and FIREPOND, INC. dated as of October 8, 2003
Agreement and Plan of Merger • October 23rd, 2003 • Firepond Inc • Services-computer programming services • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of October 8, 2003 (this "Agreement"), by and among Jaguar Technology Holdings, LLC, a Delaware limited liability company (the "Parent"), Fire Transaction Sub, Inc., a Delaware corporation and wholly owned subsidiary of the Parent (the "Purchaser"), and FirePond, Inc., a Delaware corporation (the "Company").

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AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Firepond Inc • October 23rd, 2003 • Services-computer programming services

This Amendment No. 1 to Agreement And Plan Of Merger (this "Amendment No. 1"), dated as of October 22, 2003, is entered into by and among each of the parties to that certain Agreement and Plan of Merger, dated as of October 8, 2003 (the "Agreement"), by and among Jaguar Technology Holdings, LLC, a Delaware limited liability company (the "Parent"), Fire Transaction Sub, Inc., a Delaware corporation and wholly owned subsidiary of the Parent (the "Purchaser"), and Firepond, Inc., a Delaware corporation (the "Company"). Certain capitalized terms used in this Amendment No. 1 and not otherwise defined herein shall be defined as set forth in the Agreement.

TENDER AND VOTING AGREEMENT
Tender and Voting Agreement • October 23rd, 2003 • Firepond Inc • Services-computer programming services • Delaware

TENDER AND VOTING AGREEMENT, dated as of October 8, 2003 (this "Agreement"), by and among Jaguar Technology Holdings, LLC, a Delaware limited liability company (the "Parent"), Fire Transaction Sub, Inc., a Delaware corporation and wholly owned subsidiary of Parent (the "Purchaser"), and , a (the "Major Stockholder").

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