AGREEMENT AND PLAN OF MERGER BY AND AMONG WISE SOLUTIONS, INC. SAGE ACQUISITION CORPORATION ALTIRIS, INC. JOHN J. MCMILLAN, BRIEN J. WITKOWSKI, AND WITH RESPECT TO ARTICLES VII AND VIII ONLY, JOHN J. MCMILLAN AS SHAREHOLDER REPRESENTATIVE Dated as of...Merger Agreement • December 16th, 2003 • Altiris Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of December 1, 2003 by and among Altiris, Inc., a Delaware corporation (“Parent”), Sage Acquisition Corporation, a Michigan corporation and a wholly owned subsidiary of Parent (“Sub”), Wise Solutions, Inc., a Michigan corporation (the “Company”), John J. McMillan, and Brien J. Witkowski (each, a “Shareholder” and, collectively, the “Shareholders”), and with respect to ARTICLE VII and ARTICLE VIII hereof only, John J. McMillan as shareholder representative (the “Shareholder Representative”).
