AGREEMENT AND PLAN OF MERGER BY AND AMONG FUSION-IO, INC., CAPRI MERGER SUB, INC., NEXGEN STORAGE, INC., AND SHAREHOLDER REPRESENTATIVE SERVICES LLC, AS THE EXCLUSIVE REPRESENTATIVE OF THE EFFECTIVE TIME STOCKHOLDERS NAMED HEREIN Dated as of April 24,...Merger Agreement • April 24th, 2013 • Fusion-Io, Inc. • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 24, 2013 by and among Fusion-io, Inc., a Delaware corporation (“Parent”), Capri Merger Sub, Inc., a Delaware corporation and wholly owned Subsidiary of Parent (“Merger Sub”), NexGen Storage, Inc., a Delaware corporation (the “Company”), and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as the exclusive representative of the Effective Time Stockholders (as defined herein) in connection with the transactions contemplated by this Agreement (the “Representative”).
