AGREEMENT AND PLAN OF MERGER by and among OVERLAND STORAGE, INC., OKAPI ACQUISITION CO., INC., OKAPI SOFTWARE, INC. and THE SHAREHOLDERS IDENTIFIED ON SCHEDULE 2.3 ATTACHED HERETO Dated as of June 20, 2003Agreement and Plan of Merger • September 26th, 2003 • Overland Storage Inc • Computer storage devices • California
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June 20, 2003, by and among: (i) Overland Storage, Inc., a California corporation (“Overland”); (ii) Okapi Acquisition Co., Inc., a California corporation and a wholly-owned subsidiary of Overland (“Acquisition Sub”); (iii) Okapi Software, Inc., a California corporation (“Target”); and (iv) the shareholders of Target, each of which is identified on Schedule 2.3 attached hereto (each, a “Target Shareholder,” and collectively, the “Target Shareholders”). Certain capitalized terms used in this Agreement are defined on Exhibit A hereto. Each of Overland, Acquisition Sub, Target and the Target Shareholders is referred to herein as a “Party,” and, collectively, as the “Parties.”
