Common Contracts

TENDER AND VOTING AGREEMENT

Tender and Voting Agreement • December 5th, 2014 • Actuate Corp • Services-prepackaged software • Delaware

• Contract Type
  Tender and Voting Agreement
• Filed
  December 5th, 2014
• Company
  Actuate Corp
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS TENDER AND VOTING AGREEMENT (this “Agreement”), dated as of December 5, 2014, is made by and among Open Text Corporation, a Canadian corporation (“Parent”), Asteroid Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and each Stockholder listed on Annex I (each, a “Stockholder” and collectively, the “Stockholders”), each an owner of shares (the “Shares”) of common stock, par value $0.001 per share, of Actuate Corporation, a Delaware corporation (the “Company”). Capitalized terms used herein without definition shall have the respective meanings specified in the Merger Agreement.

TENDER AND VOTING AGREEMENT

Tender and Voting Agreement • December 5th, 2014 • Open Text Corp • Services-computer integrated systems design • Delaware

• Contract Type
  Tender and Voting Agreement
• Filed
  December 5th, 2014
• Company
  Open Text Corp
• Industry
  Services-computer integrated systems design
• Jurisdiction
  Delaware

THIS TENDER AND VOTING AGREEMENT (this “Agreement”), dated as of December 5, 2014, is made by and among Open Text Corporation, a Canadian corporation (“Parent”), Asteroid Acquisition Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Merger Sub”), and each Stockholder listed on Annex I (each, a “Stockholder” and collectively, the “Stockholders”), each an owner of shares (the “Shares”) of common stock, par value $0.001 per share, of Actuate Corporation, a Delaware corporation (the “Company”). Capitalized terms used herein without definition shall have the respective meanings specified in the Merger Agreement.