AGREEMENT AND PLAN OF MERGER dated as of October 8, 2004 by and among ALLIANCE DATA SYSTEMS CORPORATION, ADS ALLIANCE DATA SYSTEMS, INC., EVEREST NIVOLE, INC., THE RELIZON e-CRM COMPANY and RELIZON HOLDINGS, L.L.C.Agreement and Plan of Merger • October 29th, 2004 • Alliance Data Systems Corp • Services-business services, nec • Delaware
This Agreement and Plan of Merger (this “Agreement”), dated as of October 8, 2004, is entered into by and among ADS ALLIANCE DATA SYSTEMS, INC., a Delaware corporation (“Acquiror”), EVEREST NIVOLE, INC., a Delaware corporation and a wholly-owned subsidiary of Acquiror (“Merger Sub”), THE RELIZON e-CRM COMPANY, a Delaware corporation (the “Company”), RELIZON HOLDINGS, L.L.C., a Delaware limited liability company (“Holdings”) and ALLIANCE DATA SYSTEMS CORPORATION, a Delaware corporation (“Parent”), solely in its capacity as guarantor of the obligations of Acquiror and Merger Sub pursuant to Section 13.14 hereof.
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 29th, 2004 • Alliance Data Systems Corp • Services-business services, nec • Delaware
This FIRST AMENDMENT to the AGREEMENT AND PLAN OF MERGER, (this “Amendment”) is made this 29th day of October, 2004, by and among ADS Alliance Data Systems, Inc., a Delaware corporation (“Acquiror”), Everest Nivole, Inc., a Delaware corporation and a wholly-owned subsidiary of Acquiror (“Merger Sub”), The Relizon e-CRM Company, a Delaware corporation (the “Company”), Relizon Holdings, LLC, a Delaware limited liability company (“Holdings”), and Alliance Data Systems Corporation, a Delaware corporation (“Parent”), solely in its capacity as guarantor of the obligations of Acquiror and Merger Sub.
