0001193125-10-189426 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among DELL INC. DELL TRINITY HOLDINGS CORP. and 3PAR INC. Dated as of August 15, 2010

Agreement and Plan of Merger • August 16th, 2010 • 3PAR Inc. • Computer storage devices • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  August 16th, 2010
• Company
  3PAR Inc.
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 15, 2010 by and among Dell Inc., a Delaware corporation (“Parent”), Dell Trinity Holdings Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”), and 3PAR Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I.

TENDER AND VOTING AGREEMENT Dated as of August 15, 2010 among DELL INC. DELL TRINITY HOLDINGS CORP. and

Tender and Voting Agreement • August 16th, 2010 • 3PAR Inc. • Computer storage devices • Delaware

• Contract Type
  Tender and Voting Agreement
• Filed
  August 16th, 2010
• Company
  3PAR Inc.
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

This TENDER AND VOTING AGREEMENT, dated as of August 15, 2010 (this “Agreement”), is among Dell Inc., a Delaware corporation (“Parent”), Dell Trinity Holdings Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquisition Sub”), and the persons listed on Schedule I hereto (collectively, the “Company Stockholders”).