AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 12th, 2015 • Merge Healthcare Inc • Services-computer integrated systems design • Delaware
AGREEMENT AND PLAN OF MERGER dated as of August 6, 2015 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), DATONG ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and MERGE HEALTHCARE INCORPORATED, a Delaware corporation (the “Company”).
Re: Consulting AgreementConsulting Agreement • August 12th, 2015 • Merge Healthcare Inc • Services-computer integrated systems design • Delaware
Reference is made to that certain Amended and Restated Consulting Agreement (as amended, the “Consulting Agreement”), dated as of May 29, 2015, by and between Merge Healthcare Incorporated, a Delaware corporation (the “Company”), and Merrick Ventures, LLC, a Delaware limited liability company (“Merrick”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Consulting Agreement. This letter agreement (this “Agreement”) shall amend the terms of the Consulting Agreement, as set forth below.
