AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG FUSION-IO, INC., THUNDERBIRD ACQUISITION CORP., THUNDERBIRD MERGER SUB LLC, IO TURBINE, INC.,Agreement and Plan of Reorganization • August 5th, 2011 • Fusion-Io, Inc. • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made and entered into as of August 4, 2011, by and among Fusion-io, Inc., a Delaware corporation (“Parent”), Thunderbird Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub One”), Thunderbird Merger Sub LLC (“Merger Sub Two,” and together with Merger Sub One, the “Merger Subs”), IO Turbine, Inc., a Delaware corporation (the “Company”), M. Helen Bradley as stockholder representative (the “Stockholder Representative”) and, solely with respect to Section 2.7(e) and Article VIII, U.S. Bank National Association as Escrow Agent (the “Escrow Agent,” and together with the Parent, the Merger Subs, the Company and the Stockholder Representative, collectively, the “parties,” and each individually, a “party”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I hereof.
FIRST AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 5th, 2011 • Fusion-Io, Inc. • Computer storage devices • California
This FIRST AMENDMENT to Amended and Restated Loan and Security Agreement (this “Amendment”) is entered into as of August 4, 2011, by and between Silicon Valley Bank (“Bank”) and FUSION-IO, INC. (“Borrower”).
