0001193125-09-144078 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG EMC CORPORATION ENVOY MERGER CORPORATION AND DATA DOMAIN, INC. Dated as of July , 2009

Agreement and Plan of Merger • July 6th, 2009 • Emc Corp • Computer storage devices • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  July 6th, 2009
• Company
  Emc Corp
• Industry
  Computer storage devices
• Jurisdiction
  Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July __, 2009 by and among EMC Corporation, a Massachusetts corporation (“Parent”), Envoy Merger Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Purchaser”), and Data Domain, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.