AGREEMENT AND PLAN OF MERGER BY AND AMONG COMVERGE EAGLE, INC., A DELAWARE CORPORATION, COMVERGE, INC., A DELAWARE CORPORATION, ENERWISE GLOBAL TECHNOLOGIES, INC., A DELAWARE CORPORATION AND THE STOCKHOLDER REPRESENTATIVES, AS DEFINED HEREIN Dated...Agreement and Plan of Merger • June 28th, 2007 • Comverge, Inc. • Auto controls for regulating residential & comml environments • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of June 27, 2007 by and among Comverge, Inc., a Delaware corporation (“Parent”), Comverge Eagle, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Enerwise Global Technologies, Inc., a Delaware corporation (the “Company”), and Anthony Buffa and John Reese as the Stockholders’ Representatives, with respect to the facts and circumstances set forth below. Parent, Merger Sub and the Company may be referred to hereinafter each as a “Party” or collectively as the “Parties.”
