0000891618-03-004678 Sample Contracts

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • September 5th, 2003 • Crystal Decisions Inc • Services-prepackaged software

THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER is entered into as of August 29, 2003 (the “First Amendment”) by and among Business Objects S.A., a société anonyme organized under the laws of the Republic of France (“Parent”), Borg Merger Sub I, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub 1”), Business Objects Americas, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“BOA”), Borg Merger Sub III, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub 3”), Seagate Software (Cayman) Holdings Corporation, a Delaware corporation (“HoldCo”), and Crystal Decisions, Inc., a Delaware corporation (the “Company”).

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ASSIGNMENT
Assignment • September 5th, 2003 • Crystal Decisions Inc • Services-prepackaged software • Delaware

This ASSIGNMENT, dated as of August 27, 2003 (this “Assignment”), is entered into by and among Borg Merger Sub II, Inc. (“Assignor”), a Delaware corporation and a direct wholly-owned subsidiary of Business Objects S.A., a société anonyme organized under the laws of the Republic of France (“Parent”), and Business Objects Americas, Inc. (“Assignee”), a Delaware corporation and a direct wholly-owned subsidiary of Parent.

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