0001193125-21-218006 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among Zoom Video Communications, Inc., Summer Merger Sub, Inc. and Five9, Inc. dated as of July 16, 2021
Agreement and Plan of Merger • July 19th, 2021 • Zoom Video Communications, Inc. • Services-computer programming, data processing, etc. • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 16, 2021, is by and among Zoom Video Communications, Inc., a Delaware corporation (“Parent”), Summer Merger Sub, Inc., a Delaware corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”), and Five9, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Annex A or as otherwise defined elsewhere in this Agreement, unless the context clearly provides otherwise. Parent, Merger Sub and the Company are each sometimes referred to herein as a “Party” and collectively, as the “Parties.”

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