0001193125-05-101821 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG SUN MICROSYSTEMS, INC. CHA CHA ACQUISITION CORPORATION AND TARANTELLA, INC. Dated as of May 9, 2005

Agreement and Plan of Merger • May 10th, 2005 • Tarantella Inc • Services-prepackaged software • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  May 10th, 2005
• Company
  Tarantella Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 9, 2005, by and among Sun Microsystems, Inc., a Delaware corporation (“Parent”), Cha Cha Acquisition Corporation, a California corporation and direct wholly owned subsidiary of Parent (“Merger Sub”), and Tarantella, Inc., a California corporation (the “Company”).

FORM OF VOTING AGREEMENT

Form of Voting Agreement • May 10th, 2005 • Tarantella Inc • Services-prepackaged software • Delaware

• Contract Type
  Form of Voting Agreement
• Filed
  May 10th, 2005
• Company
  Tarantella Inc
• Industry
  Services-prepackaged software
• Jurisdiction
  Delaware

THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of May 9, 2005, by and among Sun Microsystems, Inc., a Delaware corporation (“Parent”), Tarantella, Inc., a California corporation (the “Company”), and the undersigned shareholder (“Shareholder”) of the Company.