AGREEMENT AND PLAN OF MERGER BY AND AMONG ENERNOC, INC., MDE ACQUISITION LLC, MDENERGY, LLC,Merger Agreement • September 18th, 2007 • Enernoc Inc • Services-business services, nec • Connecticut
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of September 12, 2007, by and among EnerNOC, Inc., a Delaware corporation (the “Parent”), MDE Acquisition LLC, a Delaware limited liability company and a wholly-owned subsidiary of the Parent (“Merger Sub”), Mdenergy, LLC, a Connecticut limited liability company (the “Company”), Clifford Sirlin, in the capacity of Member Representative (the “Member Representative”), Clifford Sirlin and Andrew Appelbaum (each a “Founder” and together, the “Founders”). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to such terms in Article 11.
