AGREEMENT AND PLAN OF MERGER Dated as of January 30, 2004 by and among GATEWAY, INC., GATEWAY SUB, LLC, GATEWAY SUB II, LLC and EM HOLDINGS, INC.Agreement and Plan of Merger • February 3rd, 2004 • Gateway Inc • Electronic computers • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of January 30, 2004 (this “Agreement”), among Gateway, Inc., a Delaware corporation (“Gateway”), Gateway Sub, LLC, a Delaware limited liability company and a direct wholly-owned subsidiary of Gateway, (“Merger Sub”), Gateway Sub II, LLC, a Delaware limited liability company and direct wholly-owned subsidiary of Gateway (“Merger Sub II”), and EM Holdings, Inc., a Delaware corporation (“eMachines”).
