MERGER AGREEMENT AND PLAN OF REORGANIZATION BY AND AMONG WITNESS SYSTEMS, INC., BARON ACQUISITION CORPORATION, BLUE PUMPKIN SOFTWARE, INC., and, solely with respect to Article VIII and Article IX, LAURENCE R. HOOTNICK as SHAREHOLDER AGENT and THE U.S....Support Agreement • January 27th, 2005 • Witness Systems Inc • Services-prepackaged software • New York
THIS MERGER AGREEMENT AND PLAN OF REORGANIZATION (the “Agreement”) is made and entered into as of December 16, 2004 by and among WITNESS SYSTEMS, INC., a Delaware corporation (“Parent”), BARON ACQUISITION CORPORATION, a California corporation and wholly-owned subsidiary of Parent (“Merger Sub”), BLUE PUMPKIN SOFTWARE, INC., a California corporation (the “Company”), and solely with respect to Article VIII and Article IX, LAURENCE R. HOOTNICK, as Shareholder Agent and The U.S. STOCK TRANSFER CORPORATION, as Depository Agent.
