Exhibit 2.1Preliminary Distribution Agreement • August 15th, 2000 • Avery Communications Inc • Communications services, nec • Delaware
PRIMAL SOLUTIONS, INC. PRELIMINARY DISTRIBUTION AGREEMENTPreliminary Distribution Agreement • July 30th, 2004 • Primal Solutions Inc • Services-prepackaged software • Delaware
This Primal Solutions, Inc. Preliminary Distribution Agreement (this “Agreement”) is dated as of July 31, 2000, and is entered by and among Avery Communications, Inc., a Delaware corporation (“Avery”), Primal Solutions, Inc., a Delaware corporation and wholly owned subsidiary of Avery (“New Primal”), John Faltys (“Faltys”), Joseph R. Simrell (“Simrell”), David Haynes (“Haynes”), Mark J. Nielsen (“Nielsen”), Arun Anand (“Anand”), Murari Cholappadi (“Cholappadi”), Sanjay Gupta (“Gupta”), Thurston Group Inc., a Delaware corporation (the “Thurston Group”), Patrick J. Haynes, III (“Haynes III”), and Scot M. McCormick (“McCormick”). Faltys, Simrell, Haynes and Nielsen are hereinafter referred to collectively as the “Old Primal Majority Stockholders”; Anand, Cholappadi and Gupta are hereinafter referred to collectively as the “Old Primal Minority Stockholders”; the Old Primal Majority Stockholders and the Old Primal Minority Stockholders are hereinafter referred to collectively as the “Old Pr
