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, 2014Merger Agreement • 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”).
