AGREEMENT AND PLAN OF MERGER between ECHOSTAR CORPORATION, ECHOSTAR SATELLITE SERVICES L.L.C., BROADBAND ACQUISITION CORPORATION and HUGHES COMMUNICATIONS, INC. Dated as of February 13, 2011Agreement and Plan of Merger • February 15th, 2011 • Hughes Network Systems, LLC • Communications services, nec • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 13, 2011, between EchoStar Corporation, a Nevada corporation (“Parent”), Broadband Acquisition Corporation, a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”), Hughes Communications, Inc., a Delaware corporation (the “Company”) and, solely with respect to Sections 4.6, 5.14 and 8.17, EchoStar Satellite Services L.L.C., a Colorado limited liability company (“Satellite Services”).
FORM OF EXCHANGE AGREEMENTForm of Exchange Agreement • February 15th, 2011 • Hughes Network Systems, LLC • Communications services, nec
This EXCHANGE AGREEMENT (this “Agreement”) is entered into as of February 13, 2011, by and between Hughes Network Systems, LLC, a Delaware limited liability company (the “LLC”), Hughes Communications, Inc., a Delaware corporation (“Hughes”), and [HOLDER] (“Holder”, together with LLC and Hughes, the “Parties”).
