0001193125-05-076499 Sample Contracts

AGREEMENT AND PLAN OF MERGER AMONG SABA SOFTWARE, INC., STORM HOLDING CORPORATION, STORM ACQUISITION CORPORATION, THINQ LEARNING SOLUTIONS, INC. AND DANIEL H. BATHON JR., AS REPRESENTATIVE MARCH 24, 2005
Merger Agreement • April 14th, 2005 • Saba Software Inc • Services-prepackaged software • California

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of March 24, 2005 (the “Agreement Date”) by and among Saba Software, Inc., a Delaware corporation (“Parent”), Storm Holding Corporation, a Delaware corporation that is a wholly-owned subsidiary of Parent (“Holding”), Storm Acquisition Corporation, a Delaware corporation that is a wholly-owned subsidiary of Holding (“Sub”), THINQ Learning Solutions, Inc., a Delaware corporation (“Company”), and Daniel H. Bathon Jr., as Representative.

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