AGREEMENT AND PLAN OF MERGER DATED AS OF SEPTEMBER 20, 2006, BY AND AMONG GLOBALIVE COMMUNICATIONS CORP. YAKQUISITION CORP. AND YAK COMMUNICATIONS INC.Merger Agreement • September 22nd, 2006 • Yak Communications Inc • Telephone communications (no radiotelephone) • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of September 20, 2006, by and among Globalive Communications Corp., a Nova Scotia unlimited liability company (“Parent”), Yakquisition Corp., a Delaware corporation (“Sub”) and a wholly-owned subsidiary of Parent, and Yak Communications Inc., a Florida corporation (the “Company”).
ESCROW AGREEMENTEscrow Agreement • September 22nd, 2006 • Yak Communications Inc • Telephone communications (no radiotelephone) • Ontario
WHEREAS concurrent with the execution of this Agreement, Parent, Yakquisition Corp. (“Sub”) and the Company have entered into an agreement and plan of merger dated as of September 20, 2006 (the “Acquisition Agreement”) pursuant to which Parent and Sub shall make an offer to acquire all of the outstanding common stock of the Company in accordance with the terms thereof (the “Acquisition”).
SUPPORT AND EXCHANGE AGREEMENTSupport and Exchange Agreement • September 22nd, 2006 • Yak Communications Inc • Telephone communications (no radiotelephone) • Delaware
THIS SUPPORT AND EXCHANGE AGREEMENT, dated as of , 2006 (this “Agreement”), is by and between Globalive Communications Corp., a Nova Scotia unlimited liability company (“Purchaser”), and (the “Stockholder”).
