AGREEMENT AND PLAN OF MERGER AND REORGANIZATION by and among NETWORK APPLIANCE, INC., DOLPHIN ACQUISITION CORP., DECRU, INC., and with respect to Article VIII and Article X only, DAN AVIDA as Stockholder Representative, and U.S. BANK, NATIONAL...Agreement and Plan of Merger And • September 2nd, 2005 • Network Appliance Inc • Computer storage devices • Delaware
THIS AGREEMENT AND PLAN OF MERGER AND REORGANIZATION (this “Agreement”) is made and entered into as of June 15, 2005 by and among Network Appliance, Inc., a Delaware corporation (“Parent”), Dolphin Acquisition Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Decru, Inc., a Delaware corporation (the “Company”), and with respect to Article VIII and Article X hereof, Dan Avida as Stockholder Representative (the “Stockholder Representative”), and U.S Bank, National Association, as Escrow Agent (the “Escrow Agent”).
