AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • April 30th, 2009 • Acme Packet Inc • Computer communications equipment • Massachusetts
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of April 29, 2009 (the “Agreement Date”), by and among (i) ACME PACKET, INC., a Delaware corporation (“Parent”), (ii) PAIC MIDCO CORP., a Delaware corporation and a wholly owned Subsidiary of Parent (“Midco”), (iii) CIAP MERGER CORP., a Delaware corporation and a wholly owned Subsidiary of Midco (“Merger Sub”), (iv) COVERGENCE INC., a Delaware corporation (the “Company”), and (v) Andrew P. Goldfarb as the Stockholder Representative referred to herein for the limited purposes specifically set forth herein and only in his capacity as such (the “Stockholder Representative”). Capitalized terms used herein without definition shall have the respective meanings set forth in Article 1 hereof.
