AGREEMENT AND PLAN OF MERGER dated as of July 28, 2016 among NETSUITE INC., OC ACQUISITION LLC, NAPA ACQUISITION CORPORATION and ORACLE CORPORATIONAgreement and Plan of Merger • August 1st, 2016 • Oracle Corp • Services-prepackaged software • Delaware
Contract Type FiledAugust 1st, 2016 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of July 28, 2016 among NetSuite Inc., a Delaware corporation (the “Company”), OC Acquisition LLC, a Delaware limited liability company (“Parent”), and Napa Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”). Oracle Corporation, a Delaware corporation (“Ultimate Parent”), is a party solely with respect to the performance of its obligations set forth in Section 3.06, Section 10.07, Section 10.08 and Section 10.15.