0001193125-04-074273 Sample Contracts

AGREEMENT AND PLAN OF MERGER among BMC SOFTWARE, INC., MALTA MERGER SUBSIDIARY, INC. and MARIMBA, INC. April 28, 2004

Agreement and Plan of Merger • April 30th, 2004 • Marimba Inc • Services-prepackaged software • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  April 30th, 2004
• Company
  Marimba Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER, dated as of April 28, 2004 (this “Agreement”), is by and among BMC Software, Inc., a Delaware corporation (the “Parent”), Malta Merger Subsidiary, Inc., a Delaware corporation and a wholly owned direct subsidiary of the Parent (“Merger Sub”), and Marimba, Inc., a Delaware corporation (the “Company”). The Parent and Merger Sub are sometimes referred to herein as the “Parent Companies.”