0001193125-13-027018 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among ACTIAN CORPORATION ACTIAN SUB II, INC. and PERVASIVE SOFTWARE, INC. Dated January 28, 2013

Agreement and Plan of Merger • January 29th, 2013 • Pervasive Software Inc • Services-prepackaged software • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  January 29th, 2013
• Company
  Pervasive Software Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 28, 2013 by and among Actian Corporation, a Delaware corporation (“Parent”), Actian Sub II, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Pervasive Software, Inc., a Delaware corporation (the “Company”). All capitalized terms that are not defined elsewhere in this Agreement shall have the respective meanings assigned thereto in Annex A.