AGREEMENT AND PLAN OF MERGER DATED AS OF JULY 27, 2005 AMONG INPLAY TECHNOLOGIES, INC.; FPI ACQUISITION, INC.; FINEPOINT INNOVATIONS, INC.; AND STEPHEN CALDWELLAgreement and Plan of Merger • August 3rd, 2005 • InPlay Technologies, Inc. • Patent owners & lessors • Arizona
AGREEMENT AND PLAN OF MERGER (“Agreement”) dated as of July 27, 2005 (“Effective Date”), by and among INPLAY TECHNOLOGIES, INC., a Nevada corporation (“Buyer”); FPI ACQUISITION, INC., a Delaware corporation, which is a wholly owned subsidiary of Buyer (“Merger Subsidiary”); FINEPOINT INNOVATIONS, INC., a Delaware corporation (“Company”); STEPHEN CALDWELL, in his individual capacity (“Caldwell”). For purposes of this Agreement, Buyer, Merger Subsidiary, Company, and Caldwell are sometimes individually referred to as a “Party” and collectively as the “Parties”.
