AGREEMENTAgreement • July 25th, 2013 • BMC Software Inc • Services-prepackaged software • Delaware
THIS AGREEMENT (“Agreement”), dated as of July 24, 2013, is entered into by and between BMC Software, Inc., a Delaware corporation (the “Company”), and Elliott Associates, L.P., a Delaware limited partnership (“Elliott”), and Elliott International, L.P., a Cayman Islands limited partnership (together, the “Stockholders”).
THIRD AMENDMENT TO THE RIGHTS AGREEMENTThe Rights Agreement • July 25th, 2013 • BMC Software Inc • Services-prepackaged software • Delaware
This THIRD AMENDMENT TO THE RIGHTS AGREEMENT (this “Amendment”) is made and entered into as of July 24, 2013, between BMC Software, Inc., a Delaware corporation (the “Company”), and Computershare Trust Company, N.A., as rights agent (the “Rights Agent”). Except as otherwise provided herein, all capitalized terms used in this Amendment and not defined herein shall have the meanings ascribed thereto in the Rights Agreement.
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 25th, 2013 • BMC Software Inc • Services-prepackaged software
AMENDMENT NO. 1 (this “Amendment”), dated as of July 24, 2013, to the AGREEMENT AND PLAN OF MERGER (the “Merger Agreement”), dated as of May 6, 2013, by and among Boxer Parent Company Inc., a Delaware corporation (“Parent”), Boxer Merger Sub Inc., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and BMC Software, Inc., a Delaware corporation (the “Company”).
