0001193125-12-460986 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among KAYAK SOFTWARE CORPORATION, PRICELINE.COM INCORPORATED and PRODUCE MERGER SUB, INC. Dated as of November 8, 2012
Merger Agreement • November 9th, 2012 • KAYAK Software Corp • Services-business services, nec • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of November 8, 2012 (this “Agreement”), is by and among KAYAK Software Corporation, a Delaware corporation (the “Company”), priceline.com Incorporated, a Delaware corporation (“Parent”), and Produce Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub,” with the Company and Merger Sub sometimes being hereinafter referred to, together, as the “Constituent Corporations”).

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