0001104659-14-050600 Sample Contracts

Termination of Employee Stock Purchase Plan July 7, 2014
Merger Agreement • July 8th, 2014 • Fusion-Io, Inc. • Computer storage devices

As you know, Fusion-io, Inc. (the “Company”) recently entered into an Agreement and Plan of Merger (the “Merger Agreement”) with SanDisk Corporation (“Parent”), and Flight Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Merger Sub”). Under the Merger Agreement, on June 16, 2014, the Merger Sub launched a cash tender offer (the “Offer”) to purchase all of the Company’s issued and outstanding common stock. If the Offer is successful, then following the expiration of the Offer, the Merger Sub will to merge with and into the Company, which will result in the Company becoming a wholly-owned subsidiary of Parent (the “Merger”).

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FUSION-IO, INC. Notice to Holders of Options and Restricted Stock Units July 7, 2014
Merger Agreement • July 8th, 2014 • Fusion-Io, Inc. • Computer storage devices

As you know, Fusion-io, Inc. (the “Fusion-io”) recently entered into an Agreement and Plan of Merger (the “Merger Agreement”) with SanDisk Corporation (“SanDisk”) and Flight Merger Sub, Inc., a wholly-owned subsidiary of SanDisk (the “Merger Sub”). In accordance with the terms of the Merger Agreement, on June 16, 2014, the Merger Sub launched a cash tender offer (the “Offer”) to purchase all of Fusion-io’s issued and outstanding common stock. Following the expiration of the Offer, the Merger Sub will to merge with and into Fusion-io, which, if completed, will result in Fusion-io becoming a wholly-owned subsidiary of SanDisk (the “Merger”).

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