AGREEMENT AND PLAN OF MERGER by and among BALBOA INTERMEDIATE HOLDINGS, LLC, BALBOA MERGER SUB, INC. and TIBCO SOFTWARE INC. Dated as of September 27, 2014Agreement and Plan of Merger • September 29th, 2014 • Tibco Software Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of September 27, 2014, by and among Balboa Intermediate Holdings, LLC, a Delaware limited liability company (“Parent”), Balboa Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and TIBCO Software Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are sometimes referred to as a “Party.” All capitalized terms that are used in this Agreement have the respective meanings given to them in Article I.
