AGREEMENT AND PLAN OF MERGER BY AND AMONG RED HAT, INC., MATTE ACQUISITION CORPORATION, GLUSTER, INC. AND FORTIS ADVISORS LLC, AS THE HOLDER AGENT October 3, 2011Agreement and Plan of Merger • October 4th, 2011 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware
This Agreement and Plan of Merger (this “Agreement”), is entered into as of the 3rd day of October 2011, by and among Red Hat, Inc., a Delaware corporation (the “Buyer”), Matte Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Buyer (the “Merger Sub”), Gluster, Inc., a Delaware corporation (the “Company”) and solely with respect to the express references set forth herein, Fortis Advisors LLC, a Delaware limited liability company solely in its capacity as the holder agent (the “Holder Agent”). Capitalized terms that are used but not otherwise defined in this Agreement shall have the respective meanings ascribed to them in Article VIII of this Agreement.
