AGREEMENT AND PLAN OF MERGER BY AND AMONG MERCURY INTERACTIVE CORPORATION, SYSTINET CORPORATION, SHARK CORPORATION, AND WARBURG PINCUS PRIVATE EQUITY VIII, L.P., AS STOCKHOLDERS REPRESENTATIVE JANUARY 8, 2006Merger Agreement • October 5th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 8, 2006 (this “Agreement”), is by and among Mercury Interactive Corporation, a Delaware corporation (“Mercury”), Systinet Corporation, a Delaware corporation (“Systinet”), Shark Corporation, a Delaware corporation and a wholly owned subsidiary of Mercury (“Merger Sub”), and Warburg Pincus Private Equity VIII, L.P., as a representative of Systinet’s stockholders (the “Stockholders Representative”).
