0001104659-05-005942 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION BY AND AMONG TUT SYSTEMS, INC.
Agreement and Plan of Merger and Reorganization • February 14th, 2005 • Tut Systems Inc • Telephone & telegraph apparatus • Delaware

This AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of February 11, 2005, by and among Tut Systems, Inc., a Delaware corporation (“Parent”), Wolf Acquisition Corp., a Delaware corporation (“Merger Sub”) and wholly owned subsidiary of Parent, and Copper Mountain Networks, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Exhibit A.

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