SEVERANCE AGREEMENTSeverance Agreement • February 11th, 2004 • Ariba Inc • Services-prepackaged software • California
THIS AGREEMENT is entered into effective as of December 31, 2003, by and between ROBERT M. CALDERONI (the “Employee”) and ARIBA, INC., a Delaware corporation (including any successor that becomes bound by this Agreement, the “Company”).
AGREEMENT AND PLAN OF MERGER by and among ARIBA, INC. RED ROCKS ACQUISITION CORP. and ALLIENTE, INC. and John Mumford and Gregory Spray, as Stockholders’ Representative (solely with respect to Article IX) Dated as of December 30, 2003Agreement and Plan of Merger • February 11th, 2004 • Ariba Inc • Services-prepackaged software • Delaware
THIS AGREEMENT AND PLAN OF MERGER (“Agreement”), dated as of December 30, 2003, is by and among ARIBA, INC., a Delaware corporation (“Parent”), Red Rock Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and ALLIENTE, INC., a Delaware corporation (the “Company”), and, solely with respect to Article IX hereof, John Mumford and Gregory Spray, in their capacity as representatives of the Company Stockholders pursuant to the Stockholders’ Representative Agreement (collectively, the “Stockholders’ Representative”). Capitalized terms used in this Agreement are defined in Section 11.1, or in the applicable Section of this Agreement to which reference is made in Section 11.1.
