0001144204-11-004916 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG KIT DIGITAL, INC., DEALAPPS CORPORATION, KICKAPPS CORPORATION, AND WITH RESPECT TO ARTICLES II, VII, VIII AND IX ONLY
Agreement and Plan of Merger • January 31st, 2011 • KIT Digital, Inc. • Services-services, nec • New York

This Agreement and Plan of Merger (this “Agreement”) is entered into as of January 27, 2011 by and among KIT digital, Inc., a Delaware corporation (“KIT”), DealApps Corporation, a Delaware corporation and wholly-owned subsidiary of KIT (“Merger Sub”), KickApps Corporation, a Delaware corporation (the “Company”), and with respect to Articles II, VII, VIII and IX, Steven J. Benson, as stockholder representative (in such capacity, the “Stockholder Representative”).

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