0001193125-05-246520 Sample Contracts

AGREEMENT AND PLAN OF MERGER Among INTERNATIONAL BUSINESS MACHINES CORPORATION, ROOSTER ACQUISITION CORP. and MICROMUSE INC. Dated as of December 20, 2005

Agreement and Plan of Merger • December 21st, 2005 • Micromuse Inc • Services-prepackaged software • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  December 21st, 2005
• Company
  Micromuse Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER dated as of December 20, 2005 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), ROOSTER ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and MICROMUSE INC., a Delaware corporation (the “Company”).