Common use of Term Section Clause in Contracts

Term Section. Supplement Letter 1.1(c) Surviving Corporation 1.1(a) SVB Facility 4.1(b)(xxii) Tax or Taxes 2.6(a) Tax Incentive 2.6(b)(xii) Tax Opinions 5.14 Tax Return 2.6(a) Terminating Employee Plans 5.9(b) Triggering Event 7.1(h) URLs 2.7(a)(i) Voting Agreements Recitals Voting Debt 2.2(c) -ix- INDEX OF EXHIBITS Exhibits A-1 and A-2 Voting Agreement Exhibit B-1 and B-2 Tax Representation Letters Exhibit C Certificate of Incorporation AGREEMENT AND PLAN OF REORGANIZATION This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of October 25, 2007, by and among Omniture, Inc., a Delaware corporation (“Parent”), Voyager Merger Corp., a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and Visual Sciences, Inc., a Delaware corporation (the “Company”). Hereafter, Parent, Merger Sub and Company shall be referred to individually as a “Party” and collectively as the “Parties.”

Term Section. Supplement Letter 1.1(c) Surviving Corporation 1.1(a) SVB Facility 4.1(b)(xxii) Tax or Taxes 2.6(a) Tax Incentive 2.6(b)(xii) Tax Opinions 5.14 Tax Return 2.6(a) Terminating Employee Plans 5.9(b) Triggering Event 7.1(h) URLs 2.7(a)(i) Voting Agreements Recitals Voting Debt 2.2(c) -ix- INDEX OF EXHIBITS Exhibits A-1 and A-2 Voting Agreement Exhibit B-1 and B-2 Tax Representation Letters Exhibit C Certificate of Incorporation AGREEMENT AND PLAN OF REORGANIZATION This AGREEMENT AND PLAN OF REORGANIZATION (this “Agreement”) is made and entered into as of October 25, 2007, by and among Omniture, Inc., a Delaware corporation (“Parent”), Voyager Merger Corp.Acquisition Corp, a Delaware corporation and direct wholly-owned subsidiary of Parent (“Merger Sub”), and Visual Sciences, Inc., a Delaware corporation (the “Company”). Hereafter, Parent, Merger Sub and Company shall be referred to individually as a “Party” and collectively as the “Parties.”