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AKAM » Topics » AGREEMENT AND PLAN OF MERGER

These excerpts taken from the AKAM 10-K filed Mar 2, 2009.

AGREEMENT AND PLAN OF MERGER

This Agreement and Plan of Merger (this “Agreement”) is entered into as of October 20, 2008, by and among Akamai Technologies, Inc., a Delaware corporation (the “Buyer”), Arrow Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of the Buyer (the “Transitory Subsidiary”), IB Holdco Inc., a Delaware corporation (the “Company”), I-Behavior, Inc., a Delaware corporation and a wholly-owned subsidiary of the Company (“I-B”), aCerno Inc., a Delaware corporation and a wholly-owned subsidiary of I-B (“A-C”), IB Spinco LLC, a Delaware limited liability company and a wholly-owned subsidiary of I-B (“Spinco”) and, solely for the purpose of carrying out its responsibilities hereunder as representative of the Company Participating Equity Holders, the Representative specified in Article X. The Buyer, the Transitory Subsidiary, the Company, I-B, A-C and Spinco are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

AGREEMENT AND PLAN OF MERGER

STYLE="margin-top:12px;margin-bottom:0px; text-indent:4%">This Agreement and Plan of Merger (this “Agreement”) is entered into as of October 20, 2008, by and among Akamai Technologies,
Inc., a Delaware corporation (the “Buyer”), Arrow Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of the Buyer (the “Transitory Subsidiary”), IB Holdco Inc., a Delaware corporation (the
“Company”), I-Behavior, Inc., a Delaware corporation and a wholly-owned subsidiary of the Company (“I-B”), aCerno Inc., a Delaware corporation and a wholly-owned subsidiary of I-B (“A-C”), IB Spinco
LLC, a Delaware limited liability company and a wholly-owned subsidiary of I-B (“Spinco”) and, solely for the purpose of carrying out its responsibilities hereunder as representative of the Company Participating Equity Holders, the
Representative specified in Article X. The Buyer, the Transitory Subsidiary, the Company, I-B, A-C and Spinco are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.


EXCERPTS ON THIS PAGE:

10-K (2 sections)
Mar 2, 2009

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