0001125920-09-000029 Sample Contracts

AGREEMENT AND PLAN OF MERGER

Agreement and Plan of Merger • September 11th, 2009 • Shutterfly Inc • Services-photofinishing laboratories • California

• Contract Type
  Agreement and Plan of Merger
• Filed
  September 11th, 2009
• Company
  Shutterfly Inc
• Industry
  Services-photofinishing laboratories
• Jurisdiction
  California

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), is made as of September 10, 2009, by and among Shutterfly, Inc., a Delaware corporation (“Purchaser”), Shutterfly Lightbox, Inc., a Delaware corporation and a wholly-owned subsidiary of Purchaser (“Sub”), TinyPictures Inc., a Delaware corporation (the “Company”), and John Poisson, an individual, as the representative of the stockholders (the “Stockholders”) of the Company hereunder (the “Stockholder Representative”). Capitalized terms used in this Agreement are defined in Addendum A hereto.