AGREEMENT AND PLAN OF MERGER BY AND AMONG BUSINESS OBJECTS S.A., BUSINESS OBJECTS AMERICAS, OPERA ACQUISITION CORP. AND ACTA TECHNOLOGY, INC. Dated as of July 9, 2002Agreement and Plan of Merger • September 6th, 2002 • Business Objects Sa • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 9, 2002 among Business Objects S.A., a corporation (société anonyme) under the laws of the Republic of France (“French Parent”), Business Objects Americas, a Delaware corporation and wholly owned subsidiary of French Parent (“Parent”), Opera Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Acta Technology, Inc., a Delaware corporation (the “Company”), and, as to Article VII only, David Strohm, as the Stockholder Agent, and U.S. Bank N.A., as Escrow Agent. Capitalized terms used and not otherwise defined herein have the meanings given to them in Section 1.6 below.
