0001193125-04-135937 Sample Contracts

AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 9th, 2004 • Mercury Interactive Corp • Services-prepackaged software • Delaware

This AMENDMENT NO. 1 dated as of June 24, 2004 (the “Amendment”) to the Agreement and Plan of Merger dated as of May 12, 2004 (the “Merger Agreement”) among Appilog, Inc. (the “Company”), Appilog Logview Ltd., registered with the Israeli Registrar of Companies as Number 51-304272-1 and a wholly-owned subsidiary of the Company (the “Company Subsidiary”), Mercury Interactive Corporation, a Delaware corporation (“Parent”), Alaska Merger Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”) and Amnon Shoham as the stockholders’ representative (the “Stockholders’ Representative”).

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AGREEMENT AND PLAN OF MERGER dated as of May 12, 2004 Among APPILOG, INC., APPILOG LOGVIEW LTD. MERCURY INTERACTIVE CORPORATION, ALASKA MERGER CORPORATION, and AMNON SHOHAM, as STOCKHOLDERS’ REPRESENTATIVE
Merger Agreement • August 9th, 2004 • Mercury Interactive Corp • Services-prepackaged software • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of May 12, 2004, among Appilog, Inc., a Delaware corporation (the “Company”), Appilog Logview Ltd., registered with the Israeli Registrar of Companies as Number 51-304272-1 (“Company Subsidiary”), Mercury Interactive Corporation, a Delaware corporation (“Parent”), Alaska Merger Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Amnon Shoham, as Stockholders’ Representative.

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