AGREEMENT AND PLAN OF MERGER BY AND AMONG PHASE FORWARD INCORPORATED, ABE ACQUISITION CORP., LINCOLN TECHNOLOGIES, INC., AND, FOR PURPOSES OF SECTIONS 4.3, 4.4, 4.5, 4.6(d)-(g), 4.8(a) and (d)-(f), 5.1, 8.13(c), 8.14, 9.3(l), 10.3, 13.2, 13.3, 13.4,...Merger Agreement • August 31st, 2005 • Phase Forward Inc • Services-business services, nec • Massachusetts
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into on August 16, 2005, by and among Phase Forward Incorporated, a Delaware corporation (“Phase Forward”), Abe Acquisition Corp., a Massachusetts corporation and wholly owned subsidiary of Phase Forward (“Sub”), and Lincoln Technologies, Inc., a Massachusetts corporation (“Lincoln”), and for purposes of Sections 4.3, 4.4, 4.5, 4.6(d)-(g), 4.8(a) and (d)-(f), 5.1, 8.13(c), 8.14, 9.3(l), 10.3, 13.2, 13.3, 13.4, 13.5, 15.2, 15.13, Section 3 of Exhibit 7.18, and Article 14 only, the Securityholder Representative.
