0001193125-05-171733 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG SECURE COMPUTING CORPORATION BAILEY ACQUISITION CORP. AND CYBERGUARD CORPORATION Dated as of August 17, 2005
Agreement and Plan of Merger • August 19th, 2005 • Secure Computing Corp • Computer peripheral equipment, nec • Florida

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 17, 2005 by and among Secure Computing Corporation, a Delaware corporation (“Parent”), Bailey Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and CyberGuard Corporation, a Florida corporation (“Company”), with respect to the following facts:

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COMPANY VOTING AGREEMENT
Company Voting Agreement • August 19th, 2005 • Secure Computing Corp • Computer peripheral equipment, nec • Florida

This COMPANY VOTING AGREEMENT (“Agreement”) is made and entered into as of August , 2005 by and between Secure Computing Corporation, a Delaware corporation (“Parent”), and the person whose name appears on the signature page hereto as a shareholder (“Shareholder”) of CyberGuard Corporation, a Florida corporation (“Company”).

PARENT VOTING AGREEMENT
Parent Voting Agreement • August 19th, 2005 • Secure Computing Corp • Computer peripheral equipment, nec • Delaware

This PARENT VOTING AGREEMENT (“Agreement”) is made and entered into as of August , 2005 by and between CyberGuard Corporation, a Florida corporation (the “Company”), and the person whose name appears on the signature page hereto as a shareholder of Secure Computing Corporation, a Delaware corporation (“Parent”), acting in his capacity as a shareholder of Parent and not in any other capacity (“Shareholder”).

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Secure Computing Corp • August 19th, 2005 • Computer peripheral equipment, nec
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