AGREEMENT AND PLAN OF MERGER by and among ARIBA, INC., SAP AMERICA, INC. and ANGEL EXPANSION CORPORATION Dated as of May 22, 2012Merger Agreement • May 22nd, 2012 • Ariba Inc • Services-prepackaged software
This AGREEMENT AND PLAN OF MERGER, dated as of May 22, 2012 (this “Agreement”), is by and among SAP America, Inc., a Delaware corporation (“Parent”), Angel Expansion Corporation, a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), and Ariba, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 8.04 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
