0001104659-09-025502 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG PHASE FORWARD INCORPORATED, PECAN ACQUISITION CORP., WABAN SOFTWARE, INC., AND FOR PURPOSES OF THE SECTIONS LISTED ON THE SIGNATURE PAGE ONLY, THE SECURITYHOLDER REPRESENTATIVE Dated as of April 22, 2009

Merger Agreement • April 22nd, 2009 • Phase Forward Inc • Services-business services, nec • Massachusetts

• Contract Type
  Merger Agreement
• Filed
  April 22nd, 2009
• Company
  Phase Forward Inc
• Industry
  Services-business services, nec
• Jurisdiction
  Massachusetts

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into on April 22, 2009, by and among Phase Forward Incorporated, a Delaware corporation (“Phase Forward”), Pecan Acquisition Corp., a Delaware corporation and wholly owned subsidiary of Phase Forward (“Sub”), and Waban Software, Inc., a Delaware corporation (“Waban”), and for purposes of the Sections set forth on the signature pages hereto, the Securityholder Representative.