0001104659-05-060813 Sample Contracts

AGREEMENT AND PLAN OF MERGER among EARTHLINK, INC. NEW EDGE MERGER CORPORATION, and NEW EDGE HOLDING COMPANY Dated as of December 12, 2005

Agreement and Plan of Merger • December 14th, 2005 • Earthlink Inc • Services-computer programming, data processing, etc. • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  December 14th, 2005
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER, dated as of December 12, 2005, among EarthLink, Inc., a Delaware corporation (“Parent”), New Edge Merger Corporation, a Delaware corporation (“MergerCo”), and New Edge Holding Company, a Delaware corporation (the “Company”). Capitalized terms used herein are defined in Article VIII.