AGREEMENT AND PLAN OF MERGER BY AND AMONG E2OPEN, INC., GOLD RUSH ACQUISITION CORP., SERUS CORPORATION AND FORTIS ADVISORS LLC, AS AGENT FOR THE COMPANY HOLDERS MAY 31, 2014Agreement and Plan of Merger • June 5th, 2014 • E2open Inc • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 31, 2014 (the “Agreement Date”), by and among E2open, Inc., a Delaware corporation (“Acquiror”), Gold Rush Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Acquiror (“Merger Sub”), Serus Corporation, a Delaware corporation (the “Company”), and Fortis Advisors LLC, a Delaware limited liability company and as the agent for and on behalf of the Company Holders (as defined herein) under this Agreement (the “Company Holders’ Agent”).
