AGREEMENT AND PLAN OF MERGER BY AND AMONG LIMELIGHT NETWORKS, INC ELVIS MERGER SUB ONE CORPORATION ELVIS MERGER SUB TWO LLC EYEWONDER, INC. JOHN VINCENT, AS STOCKHOLDER REPRESENTATIVE AND DEUTSCHE BANK NATIONAL TRUST COMPANY, AS ESCROW AGENT Dated as...Agreement and Plan of Merger • December 21st, 2009 • Limelight Networks, Inc. • Services-business services, nec • Delaware
THIS AGREEMENT AND PLAN OF MERGER (the “Agreement”) is made and entered into as of December 21, 2009 by and among Limelight Networks, Inc., a Delaware corporation (“Parent”), Elvis Merger Sub One Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub One”), Elvis Merger Sub Two LLC, a Delaware limited liability company and a direct, wholly-owned subsidiary of Parent (“Merger Sub Two” and together with Merger Sub One, the “Merger Subs”), EyeWonder, Inc., a Delaware corporation (the “Company”), John Vincent, as stockholder representative (the “Stockholder Representative”) and Deutsche Bank National Trust, as Escrow Agent (the “Escrow Agent”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.
FORM OF STOCK PURCHASE AGREEMENTForm of Stock Purchase Agreement • December 21st, 2009 • Limelight Networks, Inc. • Services-business services, nec • Delaware
This Stock Purchase Agreement (this “Agreement”) is dated as of December 21, 2009 by and between Limelight Networks, Inc., a Delaware corporation (“Parent”) and the undersigned Stockholder (the “Stockholder”) of EyeWonder, Inc., a Delaware corporation (the “Company”).
