0000950134-08-020158 Sample Contracts

AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • November 12th, 2008 • Brocade Communications Systems Inc • Computer peripheral equipment, nec • Delaware

This Amendment No. 1 to Agreement and Plan of Merger (this “Amendment”) is made and entered into as of November 7, 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 Networks, Inc., a Delaware corporation (the “Company”).

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