0001104659-10-063575 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of December 20, 2010 by and among EARTHLINK, INC. EGYPT ACQUISITION CORP., ONE COMMUNICATIONS CORP. and KENNETH D. PETERSON, JR., AS STOCKHOLDER REPRESENTATIVE

Agreement and Plan of Merger • December 20th, 2010 • Earthlink Inc • Services-computer programming, data processing, etc. • New York

• Contract Type
  Agreement and Plan of Merger
• Filed
  December 20th, 2010
• Company
  Earthlink Inc
• Industry
  Services-computer programming, data processing, etc.
• Jurisdiction
  New York

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 20, 2010, is made by and among EarthLink, Inc., a Delaware corporation (the “Purchaser”), Egypt Acquisition Corp., a Delaware corporation and an indirect wholly-owned subsidiary of the Purchaser (“Merger Sub”), One Communications Corp., a Delaware corporation (the “Company”), and Kenneth D. Peterson, Jr. as representative of the Company’s stockholders (the “Stockholder Representative”).