AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • February 10th, 2004 • Docent Inc • Services-business services, nec • California
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 2, 2001, is by and among gForce Systems, Inc., a California corporation (the “Company”), Docent, Inc., a Delaware corporation (“Parent”), Giants Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition”), and Foundation Capital III, L.P., a Delaware limited partnership, as agent for the shareholders and certain noteholders of the Company (the “Shareholder Agent”), who is a party to this Agreement solely with respect to the Sections hereof to the extent they relate specifically to the rights and duties of the Shareholder Agent.
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • February 10th, 2004 • Docent Inc • Services-business services, nec • California
This AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of October 16, 2001, is entered into by and among gForce Systems, Inc., a California corporation (the “Company”), Docent, Inc., a Delaware corporation (“Parent”), and Giants Acquisition, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition”). Capitalized terms used herein but not defined herein shall have the meanings set forth in the Merger Agreement (defined below).
