0001104659-05-026812 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among CLICK COMMERCE, INC., XELUS ACQUISITION, INC.,
Merger Agreement • June 6th, 2005 • Click Commerce Inc • Services-prepackaged software • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement“), dated May 27, 2005, by and among Click Commerce, Inc., a Delaware corporation (the “Parent“), Xelus Acquisition, Inc., a Delaware corporation and direct, wholly-owned subsidiary of Parent, Xelus Acquisition of New York, Inc., a Delaware corporation and an indirect, wholly-owned subsidiary of Parent (“Merger Sub“), and Xelus, Inc., a Delaware corporation (the “Company“).

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