AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER by and among ORACLE SYSTEMS CORPORATION, POTTER ACQUISITION CORPORATION And PORTAL SOFTWARE, INC. Dated as of June 13, 2006Agreement and Plan of Merger • June 13th, 2006 • Portal Software Inc • Services-computer programming services • Delaware
This AMENDMENT NO. 1 (this “Amendment”) dated as of June 13, 2006 by and among Oracle Systems Corporation, a Delaware corporation (“Parent”), Potter Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Portal Software, Inc., a Delaware corporation (the “Company”), amends certain provisions of the Agreement and Plan of Merger dated as of April 11, 2006 by and among Parent, Merger Sub and the Company (the “Merger Agreement”). Any capitalized term that is used but not otherwise defined in this Amendment shall have the meaning given to that term in the Merger Agreement.
