0001104659-05-060813 Sample Contracts

AGREEMENT AND PLAN OF MERGER among EARTHLINK, INC. NEW EDGE MERGER CORPORATION, and NEW EDGE HOLDING COMPANY Dated as of December 12, 2005

Merger Agreement • December 14th, 2005 • Earthlink Inc • Services-computer programming, data processing, etc. • Delaware

• Contract Type
  Merger Agreement
• Filed
  December 14th, 2005
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER, dated as of December 12, 2005, among EarthLink, Inc., a Delaware corporation (“Parent”), New Edge Merger Corporation, a Delaware corporation (“MergerCo”), and New Edge Holding Company, a Delaware corporation (the “Company”). Capitalized terms used herein are defined in Article VIII.