AGREEMENT AND PLAN OF MERGER BY AND AMONG SSA GLOBAL TECHNOLOGIES, INC., SSA-E MERGER SUBSIDIARY INC., SSA-E ACQUISITION SUBSIDIARY INC. AND E.PIPHANY, INC. Dated as of August 3, 2005Merger Agreement • August 4th, 2005 • E Piphany Inc • Services-business services, nec • Delaware
Contract Type FiledAugust 4th, 2005 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 3, 2005, is made by and among SSA Global Technologies, Inc., a Delaware corporation (“Parent”), SSA-E Merger Subsidiary Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”), SSA-E Acquisition Subsidiary Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Subsidiary”), and E.piphany, Inc., a Delaware corporation (the “Company”). Parent, Merger Subsidiary, Acquisition Subsidiary and the Company are each individually referred to herein as a “Party” and together collectively referred to herein as the “Parties”.