AGREEMENT AND PLAN OF MERGER DATED AS OF NOVEMBER 14, 2005 AMONG BAKBONE SOFTWARE, INC. BLACKFOOT ACQUISITION, INC., CONSTANT DATA, INC. AND THE FOUNDERSMerger Agreement • November 18th, 2005 • Bakbone Software Inc • Services-prepackaged software • California
Contract Type FiledNovember 18th, 2005 Company Industry JurisdictionTHIS AGREEMENT AND PLAN OF MERGER, dated as of November 14, 2005 (this “Agreement”) among BAKBONE SOFTWARE, INC., a California corporation (“Parent”), BLACKFOOT ACQUISITION, INC., a Minnesota corporation and a wholly owned subsidiary of Parent (“Mergerco”), CONSTANT DATA, INC., a Minnesota corporation (the “Company”), *** an individual, ***, an individual, and ***, an individual (***, ***, and *** collectively, the “Founders”).