0001104659-11-014871 Sample Contracts

AGREEMENT AND PLAN OF MERGER among DEMANDTEC, INC., MOGUL MERGER SUB, INC. M-FACTOR, INC. and SHAREHOLDER REPRESENTATIVE SERVICES LLC, as STOCKHOLDERS’ REPRESENTATIVE Dated as of March 9, 2011

Agreement and Plan of Merger • March 16th, 2011 • DemandTec, Inc. • Services-prepackaged software • California

• Contract Type
  Agreement and Plan of Merger
• Filed
  March 16th, 2011
• Company
  DemandTec, Inc.
• Industry
  Services-prepackaged software
• Jurisdiction
  California

AGREEMENT AND PLAN OF MERGER, dated as of March 9, 2011 (this “Agreement”), among DEMANDTEC, INC., a Delaware corporation (“Parent”), MOGUL MERGER SUB, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), M-FACTOR, INC., a Delaware corporation (the “Company”), and Shareholder Representative Services LLC, a Colorado limited liability company, solely in its capacity as Stockholders’ Representative (as defined in Section 9.05 hereof).