AGREEMENT AND PLAN OF MERGER dated as of May 5, 2009 by and among Borland Software Corporation, Bentley Merger Sub, Inc. Micro Focus International plc and Micro Focus (US), Inc.Agreement and Plan of Merger • May 6th, 2009 • Borland Software Corp • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of May 5, 2009, is entered into by and among Borland Software Corporation, a Delaware corporation (the “Company”), Bentley Merger Sub, Inc., a Delaware corporation (“Merger Sub”), Micro Focus International plc, a company organized under the laws of England and Wales (“PLC”) and Micro Focus (US), Inc., a Delaware corporation (“Parent”).
Amendment to the Rights AgreementThe Rights Agreement • May 6th, 2009 • Borland Software Corp • Services-prepackaged software • Delaware
THIS AMENDMENT TO THE RIGHTS AGREEMENT (this “Amendment”), dated as of May 5, 2009, between Borland Software Corporation, a Delaware corporation (the “Company”) and Mellon Investor Services LLC, a New Jersey limited liability company (the “Rights Agent”), amends that certain Rights Agreement, dated as of October 26, 2001 (the “Rights Agreement”).
