AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER by and among ECHOSTAR CORPORATION, EAV CORP. and DISH NETWORK CORPORATION Dated as of October 2, 2023Agreement and Plan of Merger • October 3rd, 2023 • DISH Network CORP • Cable & other pay television services • Nevada
Contract Type FiledOctober 3rd, 2023 Company Industry JurisdictionThis Amended and Restated Agreement and Plan of Merger (this “Agreement”) is being made and entered into as of October 2, 2023, by and among Dish Network Corporation, a Nevada corporation (“DISH”), EchoStar Corporation, a Nevada corporation (“EchoStar”), and EAV Corp., a Nevada corporation and a wholly owned direct subsidiary of EchoStar (“Merger Sub”). Certain capitalized terms used in this Agreement shall be as defined in Exhibit A hereto.
AMENDED AND RESTATED SUPPORT AGREEMENTSupport Agreement • October 3rd, 2023 • DISH Network CORP • Cable & other pay television services • Nevada
Contract Type FiledOctober 3rd, 2023 Company Industry JurisdictionThis AMENDED AND RESTATED SUPPORT AGREEMENT, dated as of October 2, 2023 (this “Agreement”), is entered into by and among (a) Charles W. Ergen, Cantey M. Ergen and the other Persons listed on the signature pages hereto under the heading “Stockholders” (together with any subsequent transferees or assignees who become “Stockholders” pursuant to Section 4(b) below, collectively, the “Stockholders” and each individually, a “Stockholder”), (b) EchoStar Corporation, a Nevada corporation (“EchoStar”), and (c) DISH Network Corporation, a Nevada corporation ( “DISH”). Unless the context otherwise requires, capitalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Merger Agreement (as defined below).