0001193125-07-253224 Sample Contracts

AMENDMENT NO. 1 to the AGREEMENT AND PLAN OF MERGER AND REORGANIZATION dated as of September 20, 2007
Agreement and Plan of Merger • November 26th, 2007 • Ariba Inc • Services-prepackaged software

This AMENDMENT NO. 1 (“Amendment No. 1”) to that certain Agreement and Plan of Merger and Reorganization (the “Agreement”), dated as of September 20, 2007, by and among Ariba, Inc. (the “Parent”), Axe Acquisition Corporation (the “Merger Sub”), Procuri, Inc. (the “Company”), and Insight Venture Partners, LLC, as stockholders’ representative, is made as of this 4th day of October, 2007, by and among Parent, Merger Sub and the Company. Unless otherwise defined herein, capitalized terms used herein shall have the respective meanings set forth in the Agreement.

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