0001104659-06-051111 Sample Contracts

AGREEMENT AND PLAN OF REORGANIZATION AMONG OPSWARE INC., STREAM ACQUISITION CORP., CREEKPATH SYSTEMS, INC. AND MARK DAVIS, AS REPRESENTATIVE
Agreement and Plan of Reorganization • August 3rd, 2006 • Opsware Inc • Services-prepackaged software • Delaware

This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of July 7, 2006 (the “Agreement Date”) by and among Opsware Inc., a Delaware corporation (“Acquiror”), Stream Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub”), CreekPath Systems, Inc, a Delaware corporation (the “Company”), and Mark Davis, as Representative (the “Representative”).

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