0001193125-07-116519 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of May 15, 2007 among AGILE SOFTWARE CORPORATION, ORACLE CORPORATION and AQUA ACQUISITION CORPORATION
Agreement and Plan of Merger • May 16th, 2007 • Agile Software Corp • Services-prepackaged software • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of May 15, 2007 among Agile Software Corporation, a Delaware corporation (the “Company”), Oracle Corporation, a Delaware corporation (“Parent”), and Aqua Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

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AMENDMENT NO. 2 TO RIGHTS AGREEMENT by and between AGILE SOFTWARE CORPORATION and COMPUTERSHARE TRUST COMPANY, N.A.
Rights Agreement • May 16th, 2007 • Agile Software Corp • Services-prepackaged software • Delaware

AMENDMENT NO. 1 TO RIGHTS AGREEMENT (this “Amendment”) is made and entered into as of May 15, 2007 by and between Agile Software Corporation, a Delaware corporation (the “Company”), and Computershare Trust Company, N.A. (“Rights Agent”).

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