0001193125-21-218006 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among Zoom Video Communications, Inc., Summer Merger Sub, Inc. and Five9, Inc. dated as of July 16, 2021
Merger Agreement • July 19th, 2021 • Zoom Video Communications, Inc. • Services-computer programming, data processing, etc. • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 16, 2021, is by and among Zoom Video Communications, Inc., a Delaware corporation (“Parent”), Summer Merger Sub, Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”), and Five9, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Annex A or as otherwise defined elsewhere in this Agreement, unless the context clearly provides otherwise. Parent, Merger Sub and the Company are each sometimes referred to herein as a “Party” and collectively, as the “Parties.”

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