AGREEMENT AND PLAN OF MERGER BY AND AMONG RADWARE, INC., RADWARE, LTD., RADWARE DELAWARE CORP., COVELIGHT SYSTEMS, INC., INTERSOUTH PARTNERS VI, LP, as a Sellers Representative, AURORA VENTURES IV, LLC, as a Sellers Representative, AND CERTAIN...Agreement and Plan of Merger • June 5th, 2007 • Radware LTD • Services-business services, nec • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of April 25, 2007 (this “Agreement”), by and among Radware, Inc., a New Jersey corporation (“Radware”), which is a wholly-owned subsidiary of Radware, Ltd., an Israeli corporation (“Parent”), Radware Delaware Corp., a Delaware corporation and a wholly-owned subsidiary of Radware (“Merger Sub”), Covelight Systems, Inc., a Delaware corporation (the “Company”), with respect to Article VIII and Sections 2.07, 2.08, 9.03, 9.06 and 9.16, Intersouth Partners VI, LP and Aurora Ventures IV, LLC, as Sellers Representatives (the “Sellers Representatives”) and other persons listed on the signature pages hereto as stockholders of the Company (collectively the “Company Stockholders”) and the holders of the Company’s convertible promissory notes (collectively the “Company Noteholders”).
