0000950123-10-087248 Sample Contracts

AGREEMENT AND PLAN OF MERGER Among INTERNATIONAL BUSINESS MACHINES CORPORATION ONYX ACQUISITION CORP. and NETEZZA CORPORATION Dated as of September 19, 2010

Merger Agreement • September 20th, 2010 • Netezza Corp • Electronic computers • Delaware

• Contract Type
  Merger Agreement
• Filed
  September 20th, 2010
• Company
  Netezza Corp
• Industry
  Electronic computers
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER dated as of September 19, 2010 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), ONYX ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and NETEZZA CORPORATION, a Delaware corporation (the “Company”).