AGREEMENT AND PLAN OF MERGER BY AND AMONG SPARTACUS ACQUISITION CORP., SPARTACUS MERGER CORP., SERENA SOFTWARE, INC. and THE EQUITYHOLDERS’ REPRESENTATIVE NAMED HEREIN Dated as of March 6, 2014Agreement and Plan of Merger • March 10th, 2014 • Serena Software Inc • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of March 6, 2014 (this “Agreement”), is by and among Spartacus Acquisition Corp., a Delaware corporation (“Parent”), Spartacus Merger Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Serena Software, Inc., a Delaware corporation (the “Company”), and Silver Lake Partners II, L.P., a Delaware limited partnership, solely in its capacity as agent and attorney-in-fact for the Company Common Stockholders, Company RSU Holders and Company Optionholders (each as defined herein) (the “Equityholders’ Representative”).
