0001193125-09-170650 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG VMWARE, INC. SQUID ACQUISITION CORPORATION SPRINGSOURCE GLOBAL, INC. AND STEVE SPURLOCK, AS THE EXCLUSIVE REPRESENTATIVE OF THE INDEMNIFYING PARTIES NAMED HEREIN Dated as of August 7, 2009

Merger Agreement • August 10th, 2009 • Vmware, Inc. • Services-prepackaged software • California

• Contract Type
  Merger Agreement
• Filed
  August 10th, 2009
• Company
  Vmware, Inc.
• Industry
  Services-prepackaged software
• Jurisdiction
  California

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 7, 2009 by and among VMware, Inc., a Delaware corporation (“Parent”), Squid Acquisition Corporation, a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub”), and SpringSource Global, Inc., a Delaware corporation (the “Company”), and Steve Spurlock, as the exclusive representative of the Indemnifying Parties (as defined herein) in connection with the transactions contemplated by this Agreement (the “Representative”).