Agreement and Plan of Reorganization Among Opsware Inc., OZ1 Acquisition Corp., OZ2 Acquisition LLC, iConclude Co. andAgreement and Plan of Reorganization • May 2nd, 2007 • Opsware Inc • Services-prepackaged software • Delaware
This Agreement and Plan of Reorganization (this “Agreement”) is made and entered into as of March 5, 2007 (the “Agreement Date”) by and among Opsware Inc., a Delaware corporation (“Acquiror”), OZ1 Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub One”), OZ2 Acquisition LLC, a Delaware limited liability company and a wholly owned subsidiary of Acquiror (“Merger Sub Two”, and collectively with Merger Sub One, the “Merger Subs”), iConclude Co., a Delaware corporation (the “Company”), Donald Sullivan, as Representative (the “Representative”) and, for purposes of Section 6.1(f) only, each of Sachin Gupta and Jeff Gerber (the “Executives”).
Amendment No. 1 to Agreement and Plan of ReorganizationAgreement and Plan of Reorganization • May 2nd, 2007 • Opsware Inc • Services-prepackaged software
This AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of April 25, 2007 (the “Amendment Date”) by and among Opsware Inc., a Delaware corporation (“Acquiror”), OZ1 Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Acquiror (“Merger Sub One”), OZ2 Acquisition LLC, a Delaware limited liability company and a wholly owned subsidiary of Acquiror (“Merger Sub Two” and collectively with Merger Sub One, the “Merger Subs”), iConclude Co., a Delaware corporation (the “Company”) and Donald Sullivan, as Representative (the “Representative”). Acquiror, the Merger Subs, the Company and the Representative are parties to that certain Agreement and Plan of Reorganization dated as of March 5, 2007 (the “Reorganization Agreement”). All capitalized terms set forth herein shall (unless otherwise defined herein) have the meanings given to them in the Reorganization Agreement.
