0001193125-12-479698 Sample Contracts

AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 23rd, 2012 • Kenexa Corp • Services-prepackaged software • New York

This Amendment (this “Amendment”) to the Agreement and Plan of Merger, dated as of August 25, 2012 (the “Agreement”) among International Business Machines Corporation, a New York corporation (“Parent”), Jasmine Acquisition Corp., a Pennsylvania corporation (“Sub”), and Kenexa Corporation, a Pennsylvania corporation (the “Company”), is entered into as of November 21, 2012 among Parent, Sub and the Company. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.

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