AGREEMENT AND PLAN OF MERGER by and among: Fathom Holdings Inc., a North Carolina corporation; Fathom Merger Sub A, Inc., a Delaware corporation; Fathom Merger Sub B, LLC, a Delaware limited liability company; E4:9 Holdings, Inc., a Delaware...Merger Agreement • April 14th, 2021 • Fathom Holdings Inc. • Real estate agents & managers (for others) • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made effective as of April 13, 2021, by and among Fathom Holdings Inc., a North Carolina corporation (“Parent”); Fathom Merger Sub A, Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub I”); Fathom Merger Sub B, LLC, a Delaware limited liability company and a wholly owned Subsidiary of Parent (“Merger Sub II” and together with Merger Sub I, “Merger Subs”); E4:9 Holdings, Inc., a Delaware corporation (the “Company”); the stockholders of the Company set forth on Annex B and parties hereto (each a “Stockholder” and, collectively, the “Stockholders”), and Paul S. Marsh, an individual, in the capacity as Stockholder Representative hereunder. Parent, the Merger Subs, the Company, the Stockholders, and the Stockholder Representative are sometimes individually referred to herein as a “Party” or collectively referred to herein as the “Parties.”
