0001193125-12-426673 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among CARBONITE, INC., PROJECT ACADIA MERGER SUB, INC., ZMANDA, INC., and THE REPRESENTATIVE NAMED HEREIN

Agreement and Plan of Merger • October 18th, 2012 • Carbonite Inc • Services-computer processing & data preparation • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  October 18th, 2012
• Company
  Carbonite Inc
• Industry
  Services-computer processing & data preparation
• Jurisdiction
  Delaware

This Agreement and Plan of Merger (the “Agreement”) is made as of the 17th day of October, 2012 by and among Carbonite, Inc., a Delaware corporation (the “Parent”), Project Acadia Merger Sub, Inc., a Delaware corporation and wholly-owned subsidiary of Parent (the “Merger Sub”), Zmanda, Inc., a Delaware corporation (the “Company”), and Fortis Advisors LLC, a Delaware limited liability company, in its capacity as representative of the Company Holders (the “Representative”).