AGREEMENT AND PLAN OF MERGER BY AND AMONG VOYANT TECHNOLOGIES, INC. VOYAGER ACQUISITION CORPORATION POLYCOM, INC. AND WITH RESPECT TO ARTICLES VII AND IX ONLY MARK SOANE AS STOCKHOLDER REPRESENTATIVE AND U.S. BANK NATIONAL ASSOCIATION AS ESCROW AGENT...Agreement and Plan of Merger • January 16th, 2004 • Polycom Inc • Telephone & telegraph apparatus • Delaware
THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of November 21, 2003 by and among Polycom, Inc., a Delaware corporation (“Parent”), Voyager Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Voyant Technologies, Inc., a Delaware corporation (the “Company”), and with respect to Section 1.9, Article VII and Article IX, Mark Soane as Stockholder Representative (the “Stockholder Representative”) and U.S. Bank National Association as Escrow Agent (the “Escrow Agent”).
