Agreement and Plan of Merger among Registrant, Bronco Acquisition, Inc., Ecrix Corporation, Investors, and Lenders (August 22, 2001)

Summary

This agreement outlines the terms of a merger between the Registrant, Bronco Acquisition, Inc., and Ecrix Corporation, with the involvement of certain investors and lenders. The document specifies the merger process, the roles and obligations of each party, and includes related exhibits such as a certificate of merger, forms of notes, and various supporting agreements. The agreement is dated August 22, 2001, and is part of a registration statement filed with the SEC.

EX-2.1 3 d90601ex2-1.txt COPY OF AGREEMENT AND PLAN OF MERGER 1 EXHIBIT 2.1 A copy of the Agreement and Plan of Merger among the Registrant, Bronco Acquisition, Inc., Ecrix Corporation, certain investors and certain lenders, dated August 22, 2001, has been filed as Appendix A to the proxy statement/prospectus that forms a part of this Registration Statement on Form S-4. Included with this Appendix are the following Exhibits to the Merger Agreement: Filed: Exhibit 1.3 Certificate of Merger Exhibit 2.1 Form of Notes Exhibit 3.1.1(a) Parent H Certificate Exhibit 3.1.2 Investor Purchase Schedule Exhibit 3.4 Registration Rights Agreement Exhibit 6.5(b) Rights Agreement Amendment Exhibit 7.10 Affiliate Letter Exhibit 7.16 Lock Up Agreement
The Registrant hereby agrees to furnish supplementally a copy of the following omitted Exhibits: Exhibit 4 Company Disclosure Memorandum Exhibit 6 Exabyte Corporation Schedule Index