0001193125-04-012957 Sample Contracts

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION among ARIBA, INC. FLEET MERGER CORPORATION and FREEMARKETS, INC. Dated as of January 23, 2004

Agreement and Plan of Merger and Reorganization • February 2nd, 2004 • Ariba Inc • Services-prepackaged software • Delaware

• Contract Type
  Agreement and Plan of Merger and Reorganization
• Filed
  February 2nd, 2004
• Company
  Ariba Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER AND REORGANIZATION dated as of January 23, 2004 (this “Agreement”) among ARIBA, INC. a Delaware corporation (“Parent”), FLEET MERGER CORPORATION, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and FREEMARKETS, INC., a Delaware corporation (the ”Company”).

EXHIBIT A FORM OF COMPANY VOTING AGREEMENT

Company Voting Agreement • February 2nd, 2004 • Ariba Inc • Services-prepackaged software • Delaware

• Contract Type
  Company Voting Agreement
• Filed
  February 2nd, 2004
• Company
  Ariba Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

VOTING AGREEMENT, dated as of January 23, 2004 (this “Agreement”), between Ariba, Inc., a Delaware corporation (“Parent”), and (“Stockholder”), a stockholder of FreeMarkets, Inc., a Delaware corporation (the ”Company”).