0001193125-06-152761 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among HEWLETT-PACKARD COMPANY, MARS LANDING CORPORATION and MERCURY INTERACTIVE CORPORATION Dated as of July 25, 2006
Agreement and Plan of Merger • July 25th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of July 25, 2006 by and among Hewlett-Packard Company, a Delaware corporation (“Parent”), Mars Landing Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Mercury Interactive Corporation, a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I hereof.

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TENDER AND VOTING AGREEMENT
Tender and Voting Agreement • July 25th, 2006 • Mercury Interactive Corp • Services-prepackaged software • Delaware

THIS TENDER AND VOTING AGREEMENT (this “Agreement”) is made and entered into as of July 25, 2006 by and between Hewlett-Packard Company, a Delaware corporation (“Parent”), and the undersigned stockholder (the “Stockholder”) of Mercury Interactive Corporation, a Delaware corporation (the “Company”).

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