AGREEMENT AND PLAN OF MERGER Dated as of January 30, 2004 by and among GATEWAY, INC., GATEWAY SUB, LLC, GATEWAY SUB II, LLC and EM HOLDINGS, INC.Merger Agreement • February 3rd, 2004 • Gateway Inc • Electronic computers • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of January 30, 2004 (this “Agreement”), among Gateway, Inc., a Delaware corporation (“Gateway”), Gateway Sub, LLC, a Delaware limited liability company and a direct wholly-owned subsidiary of Gateway, (“Merger Sub”), Gateway Sub II, LLC, a Delaware limited liability company and direct wholly-owned subsidiary of Gateway (“Merger Sub II”), and EM Holdings, Inc., a Delaware corporation (“eMachines”).
