0001193125-14-237775 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG SANDISK CORPORATION FLIGHT MERGER SUB, INC. AND FUSION-IO, INC. JUNE 16, 2014

Merger Agreement • June 16th, 2014 • Fusion-Io, Inc. • Computer storage devices • Delaware

• Contract Type
  Merger Agreement
• Filed
  June 16th, 2014
• Company
  Fusion-Io, Inc.
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June 16, 2014 by and among SanDisk Corporation, a Delaware corporation (“Parent”), Flight Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Fusion-io, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement but not defined herein shall have the respective meanings ascribed thereto in Annex A.

SUPPORT AGREEMENT

Support Agreement • June 16th, 2014 • Fusion-Io, Inc. • Computer storage devices • Delaware

• Contract Type
  Support Agreement
• Filed
  June 16th, 2014
• Company
  Fusion-Io, Inc.
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

THIS SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of June 16, 2014 by and between SanDisk Corporation, a Delaware corporation (“Parent”), and the undersigned stockholder(s) (“Stockholder”) of Fusion-io, Inc., a Delaware corporation (the “Company”).