0001104358-17-000007 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among: WINDSTREAM HOLDINGS, INC., a Delaware corporation; BEETHOVEN MERGER SUBSIDIARY, INC., a Delaware corporation; and
Agreement and Plan of Merger • April 14th, 2017 • Broadview Networks Holdings Inc • Telephone communications (no radiotelephone) • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made as of April 12, 2017, by and among Windstream Holdings, Inc., a Delaware corporation (“Parent”), Beethoven Merger Subsidiary, Inc., a Delaware corporation and a wholly-owned, indirect Subsidiary of Parent (“Merger Sub”), and Broadview Networks Holdings, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

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