INTRAWARE, INC. EMPLOYEE RETENTION PLANEmployee Retention Plan • October 20th, 2008 • Intraware Inc • Services-business services, nec • California
In connection with the transaction contemplated by the Agreement and Plan of Merger (the “Agreement”), dated as of October 20, 2008, by and among Acresso Software Inc., a Delaware corporation (the “Parent”), Indians Merger Corp., a Delaware corporation and wholly owned direct subsidiary of Parent (“Merger Corp.”), and Intraware, Inc., a Delaware corporation (the “Company”) in which Merger Corp. is merging with and into the Company and the Company, as the surviving corporation of such merger, will thereby become a wholly owned subsidiary of Parent (the “Transaction”), the Company hereby adopts this Employee Retention Plan (the “Plan”) effective on, October 19, 2008, but contingent upon, the closing of the Transaction (the “Closing”).
