0001299933-06-006055 Sample Contracts

AGREEMENT AND PLAN OF MERGER

Merger Agreement • September 19th, 2006 • Datawave Systems Inc • Radiotelephone communications • Delaware

• Contract Type
  Merger Agreement
• Filed
  September 19th, 2006
• Company
  Datawave Systems Inc
• Industry
  Radiotelephone communications
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated September 15, 2006 (the “Execution Date”), is entered into by and among INCOMM HOLDINGS, INC., a Georgia corporation (“Parent”), DATAWAVE ACQUISITION, INC., a Delaware corporation (“Merger Sub”), and DATAWAVE SYSTEMS INC., a Delaware corporation (the “Company”). Parent, Merger Sub and the Company are each referred to as a “Party” and are collectively referred to as the “Parties.”