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 • October 3rd, 2006 • Globalive Communications Corp. • 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”).
Confidentiality AgreementConfidentiality Agreement • October 3rd, 2006 • Globalive Communications Corp. • Telephone communications (no radiotelephone) • Ontario
In connection with discussions between you and the undersigned relating to a possible offer by you to acquire all of the outstanding shares of common stock of Yak Communications Inc. (the “Acquisition”) you have requested that certain Confidential Information (as hereinafter defined) be provided to you by the undersigned, its Affiliates (as that term is defined in the U.S. Securities Act of 1933, as amended) or “Representatives” (as hereinafter defined). In consideration of the undersigned providing or causing the Confidential Information to be provided to you, the undersigned and you agree as follows:
