AGREEMENT AND PLAN OF MERGER by and among iBIQUITY DIGITAL CORPORATION, SILVER POINT CAPITAL, L.P., as LENDERS’ REPRESENTATIVE, WAVELENGTH ACQUISITION CORP., DTS, INC., and THE LENDERS LISTED ON THE SIGNATURE PAGES HERETO (SOLELY FOR PURPOSES OF...Agreement and Plan of Merger • September 2nd, 2015 • Dts, Inc. • Patent owners & lessors • New York
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is dated as of August 31, 2015 by and among iBiquity Digital Corporation, a Delaware corporation (the “Company”), Silver Point Capital, L.P., a Delaware limited partnership (the “Lenders’ Representative”), Wavelength Acquisition Corp., a Delaware corporation (“Merger Sub”), DTS, Inc., a Delaware corporation (“Buyer”) and, solely for purposes of Section 2.2(d), Article IX, and Section 11.1 hereof, the Lenders (as defined below) listed on the signature pages hereto.
