0000891618-08-000365 Sample Contracts

AGREEMENT AND PLAN OF MERGER among: Brocade Communications Systems, Inc., a Delaware corporation; Falcon Acquisition Sub, Inc., a Delaware corporation; and Foundry Networks, Inc., a Delaware corporation Dated as of July 21, 2008
Agreement and Plan of Merger • July 23rd, 2008 • Foundry Networks Inc • Computer communications equipment • Delaware

This Agreement and Plan of Merger (“Agreement”) is made and entered into as of July 21, 2008, by and among: Brocade Communications Systems, Inc., a Delaware corporation (“Parent”); Falcon Acquisition Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”); and Foundry Systems, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

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VOTING AGREEMENT
Voting Agreement • July 23rd, 2008 • Foundry Networks Inc • Computer communications equipment • Delaware

This Voting Agreement (“Agreement”) is entered into as of July 21, 2008, by and between Brocade Communications Systems, Inc., a Delaware corporation (“Parent”), and the undersigned stockholder (“Stockholder”) of Foundry Networks, Inc., a Delaware corporation (the “Company”).

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