0001193125-10-261621 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among EMC CORPORATION, ELECTRON MERGER CORPORATION and ISILON SYSTEMS, INC. Dated as of November 14, 2010

Merger Agreement • November 16th, 2010 • Emc Corp • Computer storage devices • Delaware

• Contract Type
  Merger Agreement
• Filed
  November 16th, 2010
• Company
  Emc Corp
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of November 14, 2010 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Electron Merger Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”), and Isilon Systems, 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 November 14, 2010 among EMC CORPORATION, ELECTRON MERGER CORPORATION and THE PERSONS LISTED ON SCHEDULE I HERETO

Tender and Voting Agreement • November 16th, 2010 • Emc Corp • Computer storage devices • Delaware

• Contract Type
  Tender and Voting Agreement
• Filed
  November 16th, 2010
• Company
  Emc Corp
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

This TENDER AND VOTING AGREEMENT, dated as of November 14, 2010 (this “Agreement”), is among EMC Corporation, a Massachusetts corporation (“Parent”), Electron Merger Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquisition Sub”), and the persons listed on Schedule I hereto (collectively, the “Company Stockholders”).