AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG BROCADE COMMUNICATIONS SYSTEMS, INC., WORLDCUP MERGER CORPORATION AND MCDATA CORPORATION Dated as of August 7, 2006Agreement and Plan of Reorganization • August 8th, 2006 • McData Corp • Communications equipment, nec • Delaware
This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of August 7, 2006, by and among Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), Worldcup Merger Corporation, a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and McDATA Corporation, a Delaware corporation (the “Company”).
FIRST AMENDMENT OF RIGHTS AGREEMENTRights Agreement • August 8th, 2006 • McData Corp • Communications equipment, nec
THIS FIRST AMENDMENT (this “Amendment”) dated as of August 7, 2006, to that certain Rights Agreement dated as of May 18, 2001 (the “Rights Agreement”), by and between McDATA Corporation, a Delaware corporation (the “Company”), and The Bank of New York, a New York banking corporation (the “Rights Agent”).
