AGREEMENT AND PLAN OF MERGER BY AND AMONG MERCURY INTERACTIVE CORPORATION, SYSTINET CORPORATION, SHARK CORPORATION, AND WARBURG PINCUS PRIVATE EQUITY VIII, L.P., AS STOCKHOLDERS REPRESENTATIVE JANUARY 8, 2006Agreement and Plan of Merger • October 5th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of January 8, 2006 (this “Agreement”), is by and among Mercury Interactive Corporation, a Delaware corporation (“Mercury”), Systinet Corporation, a Delaware corporation (“Systinet”), Shark Corporation, a Delaware corporation and a wholly owned subsidiary of Mercury (“Merger Sub”), and Warburg Pincus Private Equity VIII, L.P., as a representative of Systinet’s stockholders (the “Stockholders Representative”).
