AGREEMENT AND PLAN OF MERGER AND REORGANIZATION By and Among DENBURY RESOURCES INC., DENBURY OFFSHORE, INC.Agreement and Plan of Merger And • June 15th, 2001 • Denbury Resources Inc • Crude petroleum & natural gas • Texas
AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • July 3rd, 2001 • Titan Corp • Services-computer integrated systems design • Delaware
Exhibit 2.1 AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • September 23rd, 1999 • Metron Technology N V • California
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among ST ASSEMBLY TEST SERVICES LTD, CAMELOT MERGER, INC. and CHIPPAC, INC. Dated as of February 10, 2004Agreement and Plan of Merger And • February 23rd, 2004 • Chippac Inc • Semiconductors & related devices • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of February 10, 2004 (this “Agreement”), among ST ASSEMBLY TEST SERVICES LTD, a Singapore public company limited by shares (“Parent”), CAMELOT MERGER, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and ChipPAC, INC., a Delaware corporation (the “Company”).
EX-2 2 cavm-ex2_20140630338.htm EX-2.1 AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: CAVIUM, INC., a Delaware corporation; CAVIUM SEMICONDUCTOR CORPORATION, a Delaware corporation; CAVIUM NETWORKS LLC, a Delaware limited liability...Agreement and Plan of Merger And • May 5th, 2020 • California
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of July 30, 2014, by and among: Cavium, Inc., a Delaware corporation (“Parent”); Cavium Semiconductor Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub I”); Cavium Networks LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Merger Sub II”, and together with Merger Sub I, the “Merger Subs”); Xpliant, Inc., a Delaware corporation (the “Company”); the parties identified as “Designated Stockholders” on Exhibit A (the “Designated Stockholders”) solely for Sections 1.5, 3 and 10 of this Agreement and Guy Hutchison as Securityholders’ Agent solely for Section 10 of this Agreement (the “Securityholders’ Agent”). Certain other capitalized terms used in this Agreement are defined in Exhibit B.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: AMAG PHARMACEUTICALS, INC., a Delaware corporation; ALAMO ACQUISITION SUB, INC., a Delaware corporation; and ALLOS THERAPEUTICS, INC., a Delaware corporationAgreement and Plan of Merger And • July 22nd, 2011 • Amag Pharmaceuticals Inc. • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION ("Agreement") is made and entered into as of July 19, 2011, by and among AMAG PHARMACEUTICALS, INC., a Delaware corporation ("Parent"); ALAMO ACQUISITION SUB, INC., a Delaware corporation and a wholly-owned subsidiary of Parent ("Merger Sub"); and ALLOS THERAPEUTICS, INC., a Delaware corporation (the "Company"). Certain capitalized terms used in this Agreement are defined in Exhibit A.
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among: PACIFIC EAST ADVISORS, INC., a Delaware corporation; IMPCO ACQUISITION, LLC., a New York limited liability company; and INNER MONGOLIA PRODUCTION COMPANY LLC, a New...Agreement and Plan of Merger And • August 16th, 2007 • Pacific Asia Petroleum Inc • Delaware
THIS AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Agreement”) is made and entered into as of December 11, 2006 (the “Execution Date”), as amended and restated on February 12, 2007, by and among: Pacific East Advisors, Inc., a Delaware corporation (“Parent”); IMPCO ACQUISITION, LLC., a New York limited liability company and a wholly owned subsidiary of Parent (“Merger Sub”); and INNER MONGOLIA PRODUCTION COMPANY LLC, a New York limited liability company (the “Company”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among BUNGE LIMITED, BLEECKER ACQUISITION CORP. and CORN PRODUCTS INTERNATIONAL, INC. Dated as of June 21, 2008Agreement and Plan of Merger And • June 23rd, 2008 • Corn Products International Inc • Canned, frozen & preservd fruit, veg & food specialties • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of June 21, 2008 (this “Agreement”), among BUNGE LIMITED, an exempted limited liability company organized and existing under the laws of Bermuda (“Parent”), BLEECKER ACQUISITION CORP., a Delaware corporation and a direct, wholly owned subsidiary of Parent (“Merger Sub”), and CORN PRODUCTS INTERNATIONAL, INC., a Delaware corporation (the “Company”).
AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • April 3rd, 2015 • Cavium, Inc. • Semiconductors & related devices • California
THIS AMENDMENT No. 2 TO THE AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Amendment”) is entered into as of the 31st day of March, 2015 (the “Amendment Effective Date”), by and among Cavium, Inc., a Delaware corporation (“Parent”), Cavium Semiconductor Corporation, a Delaware corporation and wholly owned subsidiary of Parent (“Merger Sub I”); Cavium Networks LLC, a Delaware limited liability corporation and wholly owned subsidiary of Parent (“Merger Sub II”, and together, with Merger Sub I, the “Merger Subs”); Xpliant, Inc., a Delaware corporation (the “Company”); the parties identified as “Designated Stockholders” on Exhibit A of the Merger Agreement (the “Designated Stockholders”) solely for Sections 1.5, 3 and 10 of the Merger Agreement and Guy Hutchison as Securityholders’ Agent solely for Section 10 of the Merger Agreement (the “Securityholders’ Agent”). Terms used herein but not otherwise defined shall have the meanings as set forth in the Merger Agreement.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • February 11th, 1999 • Technology 80 Inc • Industrial instruments for measurement, display, and control • Minnesota
AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • November 5th, 2008 • Heckmann CORP • Blank checks • New York
THIS AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Amendment”) is made and entered into as of October 30, 2008, by and among HECKMANN CORPORATION, a Delaware corporation (“Parent”), HECKMANN ACQUISITION II CORP., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and CHINA WATER AND DRINKS, INC., a Nevada corporation (the “Company”), and amends that certain Agreement and Plan of Merger and Reorganization (the “Merger Agreement”) by and among Parent, Merger Sub and the Company dated as of May 19, 2008 as amended on September 29, 2008 by Amendment No. 1 to Agreement and Plan of Merger and Reorganization.
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER AND REORGANIZATION DATED AS OF AUGUST 27, 1996 BY AND AMONG MISSISSIPPI CHEMICAL CORPORATION MISS SUB, INC. AND FIRST MISSISSIPPI CORPORATIONAgreement and Plan of Merger And • November 8th, 1996 • Chemfirst Inc • Mississippi
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among SKINVISIBLE, INC., QUOIN MERGER SUB, INC., QUOIN PHARMACEUTICALS, INC., Dated as of March 26, 2018Agreement and Plan of Merger And • March 29th, 2018 • Skinvisible Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of March 26, 2018, by and among Skinvisible, Inc., a Nevada corporation (referred to as “Parent”), Quoin Merger Sub, Inc., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), Quoin Pharmaceuticals, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 8.14.
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • September 7th, 2018 • Solbright Group, Inc. • Services-business services, nec
Reference is hereby made to that certain Agreement and Plan of Merger and Reorganization (the “Merger Agreement”), dated as of July 30, 2018, by and among Solbright Group, Inc., a Delaware corporation (the “Parent”), Iota Networks, LLC, an Arizona limited liability company and a direct wholly-owned subsidiary of Parent (the “Acquisition Subsidiary”), M2M Spectrum Networks, LLC, an Arizona limited liability company (the “Company”), and Spectrum Networks Group, LLC, an Arizona limited liability company and the majority member of the Company (the “Company Parent”). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Merger Agreement.
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • May 14th, 2019 • Emmaus Life Sciences, Inc. • Blank checks • Delaware
This AMENDMENT NO. 1 (this “Amendment”), dated as of May 10, 2019, to the Agreement and Plan of Merger and Reorganization (the “Merger Agreement”), dated as of January 4, 2019, is made and entered into by and among MYND ANALYTICS, INC., a Delaware corporation (“Parent”), ATHENA MERGER SUBSIDIARY INC., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and EMMAUS LIFE SCIENCES, INC., a Delaware corporation (the “Company”). Parent, Merger Sub and the Company are sometimes referred to collectively as the “Parties.”
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER AND REORGANIZATION dated as of October 1, 1999 (the "Agreement") by and among Third Enterprise Service Group, Inc., a Florida corporation ("Third Enterprise") and Competitive Companies Inc., a Nevada...Agreement and Plan of Merger And • April 26th, 2001 • Third Enterprise Service Group Inc • Blank checks • Florida
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among EASYKNIT ENTERPRISES HOLDINGS LIMITED RACE MERGER, INC. and WITS BASIN PRECIOUS MINERALS INC. Dated as of April 20, 2007Agreement and Plan of Merger And • April 26th, 2007 • Wits Basin Precious Minerals Inc • Gold and silver ores • Minnesota
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of April 20, 2007 (this “Agreement”), among Easyknit Enterprises Holdings Limited, a company incorporated in Bermuda (“Parent”), Race Merger, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Wits Basin Precious Minerals Inc., a Minnesota corporation (the “Company”).
Page ---- ARTICLE 1 MERGER AND CLOSING 1.1 Formation of Merger Sub. . . . . . . . . . . . . . . . . . . . 1 1.2 The Merger . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.3 Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4...Agreement and Plan of Merger And • December 21st, 1995 • Summit Family Restaurants Inc • Retail-eating places • Delaware
August 19, 2002 divine, inc. 1301 North Elston Avenue Chicago, Illinois 60622 RE: AGREEMENT AND PLAN OF MERGER AND REORGANIZATION DATED AS OF APRIL 5, 2002, BY AND AMONG DIVINE, INC. A DELAWARE CORPORATION ("DIVINE"), DVC ACQUISITION COMPANY, A...Agreement and Plan of Merger And • August 20th, 2002 • Divine Inc • Services-business services, nec
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION DATED AS OF APRIL 10, 2017Agreement and Plan of Merger And • November 29th, 2022
REORGANIZATION (this “Agreement”) is dated as of April 10, 2017, by and between West Town Bancorp, Inc., a North Carolina corporation with its principal office in Raleigh, North Carolina (“West Town”), SBC Interim Bank, an interim bank organized under North Carolina law and wholly owned subsidiary of West Town (“Interim Bank”), West Town Bank & Trust, an Illinois-chartered state bank and wholly owned subsidiary of West Town (“WTBT”), and Sound Banking Company, a North Carolina state-chartered bank with its principal office in Morehead City, North Carolina (“Sound Bank”).
AMONG:Agreement and Plan of Merger And • February 5th, 1998 • Pharmacopeia Inc • Services-commercial physical & biological research • Delaware
Exhibit 2 --------------------------------------------------------------------- ----------- AGREEMENT AND PLAN OF MERGER AND REORGANIZATIONAgreement and Plan of Merger And • September 1st, 1999 • Exchange Applications Inc • Services-computer integrated systems design • Massachusetts
MEMBERSHIP INTEREST TRANSFER AGREEMENTAgreement and Plan of Merger And • March 12th, 2021 • Delaware
INDEX OF DEFINED TERMS Defined Term Reference Affiliate Section 9.16 Agreed Merger Consideration Differential Section 9.16 Agreement Preamble Alternative Acquisition Agreement Section 6.4(a)(i)(B) Alternative Proposal Section 9.16 Anti-corruption Laws Section 9.16 Antitrust Consents Section 3.5 Antitrust Laws Section 9.16 Balance Sheet Date Section 3.6(e)(i) Bankruptcy and Equity Exception Section 3.3(a) Board Recommendation Recitals Bona Fide Alternative Proposal Section 9.16 Book-Entry Units Section 2.2(a) Business Day Section 9.16 Certificate of Merger Section 1.4 Closing Section 1.3 Closing Date Section 1.3 Code Section 2.5 Common Unit Section 9.16 Confidentiality Agreement Section 6.7(c) Consents Section 9.16 Contract Section 9.16 Criminal Law Section 9.16 Criminal Penalty Section 9.16 Derivative Transaction Section 9.16 Divestiture Condition Section 9.16 Divestiture Request Section 9.16 DLLCA Section 9.16 DRULPA Sect
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: PIXELWORKS, INC., a Oregon corporation; NIGHTHAWK ACQUISITION CORP., a Delaware corporation; NDSP DELAWARE, INC., a Delaware corporation; and CERTAIN STOCKHOLDERS OF NDSP DELAWARE, INC.Agreement and Plan of Merger And • January 29th, 2002 • Pixelworks Inc • Semiconductors & related devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION ("Agreement") is made and entered into as of December 6, 2001, by and among: PIXELWORKS, INC., an Oregon corporation ("Parent"); NIGHTHAWK ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent ("MergerSub"); NDSP DELAWARE, INC., a Delaware corporation (the "Company"); the parties identified on Exhibit A (the "Designated Stockholders"). The Designated Stockholders are sometimes referred to collectively in this Agreement as the "Signing Stockholders." Certain other capitalized terms used in this Agreement and not otherwise defined herein are set forth in Exhibit B.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG FILMON.TV NETWORKS INC. OVG ACQUISITION CORPORATION OVGUIDE.COM, INC. AND SECURITYHOLDER REPRESENTATIVE Dated as of February 29, 2016Agreement and Plan of Merger And • July 5th, 2016 • FOTV Media Networks Inc. • Services-video tape rental • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Agreement”) is made and entered into as of February 29, 2016 by and among FilmOn.TV Networks Inc., a Delaware corporation (“Parent”), OVG Acquisition Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), OVGuide.com, Inc., a Delaware corporation (the “Company”), and Peter Lee, who will serve as the representative of the Holdback Participants, Optionholders and Bonus Recipients and is referred to herein from time to time as the “Securityholder Representative.” The capitalized terms used but not defined in this Agreement have the definitions ascribed to such terms in Section 1.6 of this Agreement.
EX-2.1 2 d586213dex21.htm EX-2.1 EXECUTION VERSION AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: VERSARTIS, INC., a Delaware corporation; VELO MERGER SUB, INC. a Delaware corporation; and ARAVIVE BIOLOGICS, INC., a Delaware corporation Dated...Agreement and Plan of Merger And • May 5th, 2020 • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among PLX PHARMA INC. and DIPEXIUM PHARMACEUTICALS, INC. and DIPEXIUM ACQUISITION CORP. December 22, 2016Agreement and Plan of Merger And • December 22nd, 2016 • Dipexium Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware
THIS AGREEMENT is made as of December 22, 2016, among PLx Pharma Inc. a corporation incorporated under the laws of the State of Delaware (“PLx”), Dipexium Pharmaceuticals, Inc., a corporation incorporated under the laws of the State of Delaware (“DPRX”), and Dipexium Acquisition Corp., a corporation incorporated under the laws of the State of Delaware and a wholly-owned subsidiary of DPRX (“AcquireCo”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AMONG THE SHAREHOLDER OF SOFTPRO CORPORATION, SOFTPRO CORPORATION, SOFTPRO MERGER CORP. AND MICRO GENERAL CORPORATIONAgreement and Plan of Merger And • September 4th, 2001 • Micro General Corp • Misc industrial & commercial machinery & equipment • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among: PEDEVCO CORP., a Texas corporation; WHITE HAWK ENERGY, LLC., a Delaware limited liability company; and GOM HOLDINGS, LLC, a Delaware limited liability company Dated as of December 29, 2015Agreement and Plan of Merger And • December 30th, 2015 • Pedevco Corp • Crude petroleum & natural gas • Texas
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (the “Agreement”) is made and entered into as of December 29, 2015 (the “Execution Date”), by and among: PEDEVCO CORP., a Texas corporation (“Parent”); WHITE HAWK ENERGY, LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Merger Sub”); and GOM HOLDINGS, LLC, a Delaware limited liability company (the “Company”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AND CONSENTAgreement and Plan of Merger And • November 27th, 2007 • Movie Star Inc /Ny/ • Women's, misses', children's & infants' undergarments
This AMENDMENT TO AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AND CONSENT (this “Amendment”) is entered into as of November 27, 2007, by and among Movie Star, Inc., a New York corporation (“Parent”), Fred Merger Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and FOH Holdings, Inc., a Delaware corporation (the “Company,” and together with Parent and Merger Sub, the “Parties,” and each individually, a “Party”). Capitalized terms not otherwise defined herein shall have the meaning given to such terms in the Merger Agreement (as defined below).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION By and Among IAC/INTERACTIVECORP, AJI ACQUISTION CORP. and ASK JEEVES, INC.Agreement and Plan of Merger And • March 23rd, 2005 • Ask Jeeves Inc • Services-business services, nec • Delaware
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION, dated as of March 21, 2005 (this “Agreement”), by and among IAC/InterActiveCorp, a Delaware corporation (“Parent”), AJI Acquisition Corp., a Delaware corporation and wholly owned Subsidiary (as defined herein) of Parent (“Merger Sub”), and Ask Jeeves, Inc., a Delaware corporation (the “Company”) (collectively, the “Parties”).
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: DOT HILL SYSTEMS CORPORATION, a Delaware corporation; TELLURIDE ACQUISITION SUB, INC., a Delaware corporation; CLOVERLEAF COMMUNICATIONS INC., a Delaware corporation; CLOVERLEAF COMMUNICATIONS...Agreement and Plan of Merger And • January 5th, 2010 • Dot Hill Systems Corp • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (“Agreement”) is made and entered into as of January 4, 2010 by and among: DOT HILL SYSTEMS CORPORATION, a Delaware corporation (“Parent”); TELLURIDE ACQUISITION SUB, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”); CLOVERLEAF COMMUNICATIONS INC.,, a Delaware corporation (the “Company”); CLOVERLEAF COMMUNICATIONS (ISRAEL) LTD.,, an Israeli company and subsidiary of the Company (the “Israeli Subsidiary”); CLOVERLEAF COMMUNICATIONS CORPORATION (BVI), a British Virgin Islands company and subsidiary of the Company (the “BVI Subsidiary”); and E. SHALEV MANAGEMENT 2000 (1999) LTD. as the Stockholders’ Representative. Certain other capitalized terms used in this Agreement are defined in Exhibit A.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION AMONG CROMWELL URANIUM CORP., CROMWELL ACQUISITION CORP. AND CROMWELL URANIUM HOLDINGS, INC. July 11, 2007Agreement and Plan of Merger And • July 13th, 2007 • Cromwell Uranium Corp. • Metal mining • New York
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 11, 2007, by and among Cromwell Uranium Corp. (formerly known as Arbutus Resources, Inc.), a Nevada corporation (the “Parent”), Cromwell Acquisition Corp., an Arizona corporation (the “Acquisition Subsidiary”) and Cromwell Uranium Holdings, Inc., an Arizona corporation (the “Company”). The Parent, the Acquisition Subsidiary and the Company are each a “Party” and referred to collectively herein as the “Parties.”
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among: Websense, Inc., a Delaware corporation; Leap Acquisition Corp., a Delaware corporation; PortAuthority Technologies, Inc. a Delaware corporation; PortAuthority Technologies Israel Ltd., an Israeli...Agreement and Plan of Merger And • January 12th, 2007 • Websense Inc • Services-business services, nec • California
This Agreement and Plan of Merger and Reorganization (“Agreement”) is made and entered into as of December 20, 2006 by and among: Websense, Inc., a Delaware corporation (“Parent”); Leap Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”); PortAuthority Technologies, Inc., a Delaware corporation (the “Company”); PortAuthority Technologies Israel Ltd., an Israeli private limited liability company and wholly owned subsidiary of the Company (the “Subsidiary”); and, solely with respect to Sections 1.11, 4.14, 9 and 10, Donald Sullivan as the Stockholders’ Representative. Certain other capitalized terms used in this Agreement are defined in Exhibit A.
AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among NETWORK APPLIANCE, INC., DOLPHIN ACQUISITION CORP., DECRU, INC., and with respect to Article VIII and Article X only, DAN AVIDA as Stockholder Representative, and U.S. BANK, NATIONAL...Agreement and Plan of Merger And • September 2nd, 2005 • Network Appliance Inc • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of June 15, 2005 by and among Network Appliance, Inc., a Delaware corporation (“Parent”), Dolphin Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Decru, Inc., a Delaware corporation (the “Company”), and with respect to Article VIII and Article X hereof, Dan Avida as Stockholder Representative (the “Stockholder Representative”), and U.S Bank, National Association, as Escrow Agent (the “Escrow Agent”).
