AGREEMENT AND PLAN OF MERGER BY AND AMONG DG FASTCHANNEL, INC., DG ACQUISITION CORP. VI. AND ENLIVEN MARKETING TECHNOLOGIES CORPORATION DATED AS OF MAY 7, 2008Merger Agreement • May 12th, 2008 • DG FastChannel, Inc • Services-business services, nec • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of May 7, 2008 (this “Agreement”), by and among DG FastChannel, Inc., a Delaware corporation (“Parent”), DG Acquisition Corp. VI., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Enliven Marketing Technologies Corporation, a Delaware corporation (the “Company”). Certain capitalized terms used herein have the meanings assigned to them in Section 8.3 or elsewhere in this Agreement as described in Section 8.4.
