AGREEMENT AND PLAN OF MERGER AMONG VERINT SYSTEMS INC. WHITE ACQUISITION CORPORATION AND WITNESS SYSTEMS, INC. Dated as of February 11, 2007Merger Agreement • February 15th, 2007 • Witness Systems Inc • Services-prepackaged software • Delaware
This Agreement and Plan of Merger (this “Agreement”) is dated as of February 11, 2007, among Verint Systems Inc., a Delaware corporation (the “Buyer”), White Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of the Buyer (“Acquisition Sub”), and Witness Systems, Inc., a Delaware corporation (the “Company”).
AMENDMENT TO RIGHTS AGREEMENTRights Agreement • February 15th, 2007 • Witness Systems Inc • Services-prepackaged software • Delaware
This AMENDMENT TO RIGHTS AGREEMENT (this “Amendment”) is entered into as of February 11, 2007, between Witness Systems, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (successor in interest to SunTrust Bank), a Delaware corporation (the “Rights Agent”). Capitalized terms not otherwise defined herein shall have the meanings given them in the Rights Agreement dated as of October 25, 2002, between the parties hereto (the “Rights Agreement”).
