0001193125-13-385088 Sample Contracts

AGREEMENT AND PLAN OF MERGER among: ATHLACTION HOLDINGS, LLC a Delaware limited liability company, ATHLACTION MERGER SUB, INC., a Delaware corporation, and THE ACTIVE NETWORK, INC. a Delaware corporation Dated as of September 28, 2013

Merger Agreement • September 30th, 2013 • Active Network Inc • Services-prepackaged software • Delaware

• Contract Type
  Merger Agreement
• Filed
  September 30th, 2013
• Company
  Active Network Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (“Agreement”) is made and entered into as of September 28, 2013 (the “Agreement Date”) by and among Athlaction Holdings, LLC, a Delaware limited liability company (“Parent”), Athlaction Merger Sub, Inc., a Delaware corporation and wholly owned subsidiary of Parent (“Purchaser”), and The Active Network, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.