AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • December 28th, 2006 • Open Energy Corp • Crude petroleum & natural gas • Nevada
THIS AGREEMENT AND PLAN OF MERGER (this "Agreement") is made as of December 21, 2006, by and among Open Energy Corporation, a Nevada corporation ("Open Energy"), Open Energy/WE Acquisition Corporation, a Nevada corporation ("Buyer"), and WaterEye Corporation, a Delaware corporation (hereinafter referred to as the "Company" or "WaterEye"), the Persons listed in Exhibit A who are signatory hereto, including those who agree to be bound by this Agreement pursuant to a Joinder Agreement (as defined herein) (individually each such Person is referred to herein as a "Seller" and collectively, as "Sellers"), and Marvin Brown, as representative of the WaterEye stockholders for certain purposes described herein (the “Stockholders’ Representative”).
