AGREEMENT AND PLAN OF MERGER dated as of December 19, 2012 among ELOQUA, INC., OC ACQUISITION LLC, ORACLE CORPORATION, and ESPERANZA ACQUISITION CORPORATIONMerger Agreement • December 20th, 2012 • Eloqua, Inc. • Services-prepackaged software • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of December 19, 2012, among Eloqua, Inc., a Delaware corporation (the “Company”), OC Acquisition LLC, a Delaware limited liability company (“Parent”), and Esperanza Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”). Oracle Corporation, a Delaware corporation (“Ultimate Parent”), is a party to this Agreement solely with respect to performance of its obligations under Section 2.06 and Section 9.15.
