Termination of Employee Stock Purchase Plan Sample Contracts

Termination of Employee Stock Purchase Plan July 7, 2014
Termination of Employee Stock Purchase Plan • July 8th, 2014 • Fusion-Io, Inc. • Computer storage devices

As you know, Fusion-io, Inc. (the “Company”) recently entered into an Agreement and Plan of Merger (the “Merger Agreement”) with SanDisk Corporation (“Parent”), and Flight Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Merger Sub”). Under the Merger Agreement, on June 16, 2014, the Merger Sub launched a cash tender offer (the “Offer”) to purchase all of the Company’s issued and outstanding common stock. If the Offer is successful, then following the expiration of the Offer, the Merger Sub will to merge with and into the Company, which will result in the Company becoming a wholly-owned subsidiary of Parent (the “Merger”).

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