MUTUAL NONDISCLOSURE AGREEMENTMutual Nondisclosure Agreement • August 3rd, 2007 • Hewlett Packard Co • Computer & office equipment • Delaware
This MUTUAL NONDISCLOSURE AGREEMENT (this "Agreement") is made as of May 9, 2007 by and between Opsware Inc., a Delaware corporation (the "Company"), and Hewlett-Packard Company, a Delaware corporation ("HP").
THE OFFER AND THE WITHDRAWAL RIGHTS WILL EXPIRE AT 12:00 MIDNIGHT, NEW YORK CITY TIME, ON THURSDAY, AUGUST 30, 2007, UNLESS THE OFFER IS EXTENDED.Hewlett Packard Co • August 3rd, 2007 • Computer & office equipment
We are making the Offer pursuant to an Agreement and Plan of Merger, dated as of July 20, 2007 (as it may be amended from time to time, the "Merger Agreement"), by and among Parent, Purchaser and the Company. The Merger Agreement provides, among other things, for the making of the Offer and also provides that, as soon as practicable after the consummation of the Offer and upon the terms and subject to certain conditions of the Merger Agreement, we will be merged with and into the Company (the "Merger"), and the Company will continue as the surviving corporation of the Merger (the "Surviving Corporation") and a wholly-owned subsidiary of Parent. In the Merger, each outstanding Share (other than any Shares held by stockholders who validly exercise their appraisal rights in connection with the Merger as described in Section 17—"Appraisal Rights" and any Shares held by the Company, Parent and any of their subsidiaries (including us)) will be converted into the right to receive an amount in
