0001193125-07-215422 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG SPANSION INC., ATLANTIC STAR MERGER SUB LTD. AND SAIFUN SEMICONDUCTORS LTD. DATED AS OF OCTOBER 7, 2007
Agreement and Plan of Merger and Reorganization • October 9th, 2007 • Spansion Inc. • Semiconductors & related devices • New York

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of October 7, 2007 (this “Agreement”), by and among Spansion Inc., a Delaware corporation (the “Parent”), Atlantic Star Merger Sub Ltd., an Israeli company and a wholly owned subsidiary of the Parent (“Merger Sub”), and Saifun Semiconductors Ltd., an Israeli company (the “Company”).

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FORM OF VOTING UNDERTAKING
Spansion Inc. • October 9th, 2007 • Semiconductors & related devices • New York

This VOTING UNDERTAKING (this “Agreement”), dated as of October 7, 2007, is entered into among Spansion Inc., a Delaware Corporation (the “Parent”), and the undersigned shareholder (the “Shareholder”) of Saifun Semiconductors Ltd., an Israeli company (the “Company”). Except as otherwise provided herein, capitalized terms that are used but not otherwise defined herein shall have the meanings assigned to them in the Merger Agreement (as defined below).

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