0001114714-12-000003 Sample Contracts

AGREEMENT AND PLAN OF MERGER among KENEXA CORPORATION, STRIPER MERGER SUB, INC., OUTSTART, INC. and SHAREHOLDER REPRESENTATIVE SERVICES LLC, as Securityholder Representative Dated as of January 31, 2012

Merger Agreement • February 6th, 2012 • Kenexa Corp • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  February 6th, 2012
• Company
  Kenexa Corp
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER, dated as of January 31, 2012 (this “Agreement”), is among (i) Kenexa Corporation, a Pennsylvania corporation (the “Acquiror”), (ii) Striper Merger Sub, Inc., a Delaware corporation and an indirect, wholly owned subsidiary of the Acquiror (“Merger Sub”), (iii) OutStart, Inc., a Delaware corporation (the “Company”), and (iv) Shareholder Representative Services LLC, in its capacity as the Securityholder Representative.