0001193125-14-149834 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG BIRCH COMMUNICATIONS, INC., HAWKS MERGER SUB, INC. AND CBEYOND, INC. APRIL 19, 2014

Merger Agreement • April 21st, 2014 • Cbeyond, Inc. • Telephone communications (no radiotelephone) • Delaware

• Contract Type
  Merger Agreement
• Filed
  April 21st, 2014
• Company
  Cbeyond, Inc.
• Industry
  Telephone communications (no radiotelephone)
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of April 19, 2014, is entered into by and among Cbeyond, Inc., a Delaware corporation (the “Company”), Birch Communications, Inc., a Georgia corporation (“Parent”), and Hawks Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).