PREFERRED STOCK PURCHASE AGREEMENT AND AGREEMENT AND PLAN OF MERGER by and among ELEVATION PARTNERS, L.P. PALM, INC. and PASSPORT MERGER CORPORATION Dated as of June 1, 2007Preferred Stock Purchase Agreement and Agreement and Plan of Merger • June 5th, 2007 • Palm Inc • Computer terminals • Delaware
THIS PREFERRED STOCK PURCHASE AGREEMENT AND AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of June 1, 2007 by and among Elevation Partners, L.P., a Delaware limited partnership (“Elevation”), Palm, Inc., a Delaware corporation (the “Company”) and Passport Merger Corporation, a Delaware corporation and a wholly-owned subsidiary of the Company (“Merger Sub”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in ARTICLE I, unless otherwise defined herein.
