0001104659-05-005309 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG CLICK COMMERCE, INC. OPT ACQUISITION INC., DAVID SIMBARI, as representative, AND OPTUM, INC. Dated as of February 7, 2005

Merger Agreement • February 10th, 2005 • Click Commerce Inc • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  February 10th, 2005
• Company
  Click Commerce Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER, dated as of February 7, 2005 (this “Agreement”), by and among CLICK COMMERCE, INC., a corporation organized under the laws of Delaware (“Parent”), OPT ACQUISITION INC., a corporation organized under the laws of Delaware and an indirect wholly owned subsidiary of Parent (“Sub”), OPTUM, INC., a corporation organized under the laws of Delaware (the “Company”) and David Simbari, solely in the capacity of representative of the Company Stockholders and not in a personal capacity (the “Representative”). Parent, Sub, the Company and the Representative are herein referred to collectively as the “Parties” and individually as a “Party.”