AGREEMENT AND PLAN OF MERGER by and among Hewlett Packard Enterprise Company, a Delaware corporation, Santorini Merger Sub, Inc., a Delaware corporation, Silver Peak Systems, Inc., a Delaware corporation, Fortis Advisors LLC as the Stockholders’...Merger Agreement • July 13th, 2020 • Hewlett Packard Enterprise Co • Wholesale-computers & peripheral equipment & software • Delaware
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of July 11, 2020 (the “Agreement Date”), by and among Hewlett Packard Enterprise Company, a Delaware corporation (“Acquirer”), Santorini Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Acquirer (“Merger Sub”), Silver Peak Systems, Inc., a Delaware corporation (the “Company”), Fortis Advisors LLC, a Delaware limited liability company, as the stockholders’ agent (the “Stockholders’ Agent”) and, solely for purposes of Sections 1.6, 5.9 and 5.20, Article IX, and related provisions, David Hughes (the “Holdback Participant”). Certain other capitalized terms used herein are defined in Exhibit A.
