AGREEMENT AND PLAN OF MERGER BY AND AMONG NETSUITE INC. BROADWAY MERGER SUB I, INC., BROADWAY MERGER SUB II, LLC, BRONTO SOFTWARE, INC. AND JOSEPH COLOPY, AS SECURITYHOLDER REPRESENTATIVE Dated as of April 22, 2015Merger Agreement • April 23rd, 2015 • Netsuite Inc • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 22, 2015 by and among NetSuite Inc., a Delaware corporation having its principal office at 2955 Campus Drive, Suite 100, San Mateo, CA 94403-2511 (“Parent”), Broadway Merger Sub I, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub I”), Broadway Merger Sub II, LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Merger Sub II,” and with Merger Sub I, the “Merger Subs”), Bronto Software, Inc., a Delaware corporation having its principal office at 324 Blackwell Street, Suite 410, Durham, North Carolina 27701 (the “Company”), and Joseph Colopy, as securityholder representative (the “Securityholder Representative”).
