0001047469-08-009900 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 5th, 2008 • Enliven Marketing Technologies Corp • Services-prepackaged software • Delaware

This Amendment No. 1 (this "Amendment") to the Agreement and Plan of Merger (the "Agreement"), dated as of May 7, 2008, by and among DG FastChannel, Inc., a Delaware corporation ("Parent"), DG Acquisition Corp. VI., a Delaware corporation ("Merger Sub"), and Enliven Marketing Technologies Corporation, a Delaware corporation (the "Company"), is entered into effective as of September 4, 2008. All capitalized terms used in this Amendment and not otherwise defined herein shall have the respective meanings given to such terms in the Agreement.

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