0001104659-03-012123 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG VALUECLICK, INC. SEARCH123.COM ACQUISITION CORP. SEARCH123.COM INC. AND JAMES K. BERIKER (as Company Agent) Dated as of May , 2003
Merger Agreement • June 11th, 2003 • Valueclick Inc/Ca • Services-advertising agencies • Delaware

This AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of May [ ], 2003 by and among ValueClick, Inc., a Delaware corporation (“Parent”), Search123.com Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Search123.com Inc., a California corporation (the “Company”) and James K. Beriker in his capacity as Company Agent (as defined in Section 7.2(h)).

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