TO AGREEMENT AND PLAN OF MERGERTo Agreement and Plan of Merger • August 18th, 2005 • Adc Telecommunications Inc • Telephone & telegraph apparatus • Delaware
This FIRST AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER (the “Amendment”), dated August 16, 2005, is by and among ADC Telecommunications, Inc., a Minnesota corporation (“Parent”), Falcon Ventures Corp., a Massachusetts corporation and wholly owned subsidiary of Parent (“Merger Sub”), Fiber Optic Network Solutions Corp., a corporation organized under the laws of Massachusetts (the “Company”) and Michael J. Noonan, an individual resident of the Commonwealth of Massachusetts (“MJN”). All capitalized terms used but not defined in the Amendment have the meaning assigned to them in the Agreement and Plan of Merger (the “Merger Agreement”), dated July 21, 2005, by and among Parent, Merger Sub, the Company and MJN.
