ACQUISITION AGREEMENT BY AND AMONG SALESFORCE.COM, INC. EXCALIBUR ACQUISITION CORP. AND EXACTTARGET, INC.Acquisition Agreement • June 4th, 2013 • ExactTarget, Inc. • Services-prepackaged software • Delaware
Term Section Reference Acceptance Time 1.1(f) Agreement Preamble Appointment Time 1.3(a) Assets 3.20 Book-Entry Shares 2.8(c) Canceled Company Shares 2.7(b) Capitalization Representation 1.1(b) Certificate of Merger 2.1(b) Certificates 2.8(c) Closing 2.3(a) Closing Date 2.3(a) Collective Bargaining Agreements 3.18(a) Company Preamble Company Board Recommendation 3.2(c) Company Board Recommendation Change 6.2(b) Company Disclosure Schedule Article III Preamble Company Indemnified Parties 6.10(a) Company Plans 6.9(b) Company Registered Intellectual Property 3.21(b) Company Representatives 6.1(b) Company Securities 3.5(d) Company Stockholders’ Meeting 2.2(a) Comparable Plans 6.9(b) Compensation Committee 3.2(e) Confidentiality Agreement 8.8 Consent 3.3 Continuing Directors 1.3(b) D&O Insurance 6.10(b) Delaware Secretary of State 2.1(b) Dissenting Company Shares 2.7(b) Dodd-Frank Act 3.7
SUPPORT AGREEMENTSupport Agreement • June 4th, 2013 • ExactTarget, Inc. • Services-prepackaged software • Delaware
THIS SUPPORT AGREEMENT (this “Agreement”) is made and entered into as of June 3, 2013 by and between salesforce.com, inc., a Delaware corporation (“Parent”), and the undersigned stockholder(s) (“Stockholder”) of ExactTarget, Inc., a Delaware corporation (the “Company”).
