AGREEMENT AND PLAN OF MERGER BY AND AMONG ALTIRIS, INC. AUGUSTA ACQUISITION CORPORATION PEDESTAL SOFTWARE, INC. AND WITH RESPECT TO ARTICLES VII AND IX ONLY MICHAEL TYRRELL AS STOCKHOLDER REPRESENTATIVE DATED AS OF MARCH 23, 2005Merger Agreement • March 29th, 2005 • Altiris Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of March 23, 2005 by and among Altiris, Inc., a Delaware corporation (“Parent”), Augusta Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), Pedestal Software, Inc., a Delaware corporation (the “Company”) and, with respect to ARTICLE VII and ARTICLE IX hereof, Michael Tyrrell (the “Stockholder Representative”).
