AGREEMENT AND PLAN OF MERGER by and among BAKBONE SOFTWARE INCORPORATED, CHICKASAW ACQUISITION CORPORATION, CHICKASAW ACQUISITION CORPORATION II, COLDSPARK, INC. AND THE STOCKHOLDER REPRESENTATIVE Dated as of May 11, 2009Merger Agreement • May 14th, 2009 • Bakbone Software Inc • Services-prepackaged software • California
This AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is dated as of May 11, 2009 (the “Execution Date”), among BAKBONE SOFTWARE INCORPORATED, a Canadian corporation (“Parent”), CHICKASAW ACQUISITION CORPORATION, a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), CHICKASAW ACQUISITION CORPORATION II, a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub II”), COLDSPARK, INC., a Delaware corporation (the “Company”), and, with respect to Section 7.6 only, Tom Neustaetter as Stockholder Representative. Each of Parent, Merger Sub, Merger Sub II and the Company is a “Party” and together, the “Parties.”
