Common Contracts

53 similar Agreement and Plan of Merger contracts by Fogo De Chao, Inc., Haynes International Inc, Patterson Uti Energy Inc, others

AGREEMENT AND PLAN OF MERGER dated as of October 22, 2023 among CHEVRON CORPORATION, YANKEE MERGER SUB INC. and HESS CORPORATION
Agreement and Plan of Merger • February 26th, 2024 • Hess Corp • Petroleum refining • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of October 22, 2023 is by and among Chevron Corporation, a Delaware corporation (“Parent”), Yankee Merger Sub Inc., a newly formed Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Subsidiary”), and Hess Corporation, a Delaware corporation (the “Company”).

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AGREEMENT AND PLAN OF MERGER by and among NORTH AMERICAN STAINLESS, INC., WARHOL MERGER SUB, INC., HAYNES INTERNATIONAL, INC. and solely for the purposes of Section 9.14, ACERINOX, S.A. Dated as of February 4, 2024
Agreement and Plan of Merger • February 5th, 2024 • Haynes International Inc • Steel works, blast furnaces & rolling & finishing mills • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 4, 2024, by and among North American Stainless, Inc, a Delaware corporation (“Parent”), Warhol Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Haynes International, Inc., a Delaware corporation (the “Company”), and solely for the purposes of Section 9.14, Acerinox S.A., a Spanish sociedad anonima (“Guarantor”). Each of Parent, Merger Sub, the Company and, solely for the purposes of Section 9.14, Guarantor are sometimes referred to herein as a “Party.” All capitalized terms that are used in this Agreement have the respective meanings given to them in this Agreement.

AGREEMENT AND PLAN OF MERGER by and among NORTH AMERICAN STAINLESS, INC., WARHOL MERGER SUB, INC., HAYNES INTERNATIONAL, INC. and solely for the purposes of Section 9.14, ACERINOX, S.A. Dated as of February 4, 2024
Agreement and Plan of Merger • February 5th, 2024 • Haynes International Inc • Steel works, blast furnaces & rolling & finishing mills • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 4, 2024, by and among North American Stainless, Inc, a Delaware corporation (“Parent”), Warhol Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Haynes International, Inc., a Delaware corporation (the “Company”), and solely for the purposes of Section 9.14, Acerinox S.A., a Spanish sociedad anonima (“Guarantor”). Each of Parent, Merger Sub, the Company and, solely for the purposes of Section 9.14, Guarantor are sometimes referred to herein as a “Party.” All capitalized terms that are used in this Agreement have the respective meanings given to them in this Agreement.

AGREEMENT AND PLAN OF MERGER dated as of October 22, 2023 among CHEVRON CORPORATION, YANKEE MERGER SUB INC. and HESS CORPORATION
Agreement and Plan of Merger • October 23rd, 2023 • Chevron Corp • Petroleum refining • Delaware
AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • October 3rd, 2023 • Vericity, Inc. • Life insurance • Delaware

This AGREEMENT AND PLAN OF MERGER (together with all annexes, schedules and exhibits hereto, this “Agreement”), dated as of October 3, 2023, is by and among iA American Holdings Inc., a Delaware corporation (“Parent”), Long Grove Acquisition Corp., a Delaware corporation and wholly-owned direct subsidiary of Parent (“Merger Sub”), and Vericity, Inc., a Delaware corporation (the “Company”), and, solely for purposes of Section 6.03 and Article IX, iA Financial Corporation, Inc., a Canadian corporation (“Guarantor”).

AGREEMENT AND PLAN OF MERGER dated as of August 7, 2023 among Sovos Brands, Inc., Campbell Soup Company and Premium Products Merger Sub, Inc.
Agreement and Plan of Merger • August 7th, 2023 • Campbell Soup Co • Food and kindred products • Delaware

AGREEMENT AND PLAN OF MERGER (as amended in accordance with the terms and conditions hereof, this “Agreement”) dated as of August 7, 2023 by and among Sovos Brands, Inc., a Delaware corporation (the “Company”), Campbell Soup Company, a New Jersey corporation (“Parent”), and Premium Products Merger Sub, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER by and among CVS PHARMACY, INC., HALO MERGER SUB CORP., OAK STREET HEALTH, INC. and CVS HEALTH CORPORATION, solely for the limited purposes set forth herein Dated as of February 7, 2023
Agreement and Plan of Merger • February 8th, 2023 • CVS HEALTH Corp • Retail-drug stores and proprietary stores • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 7, 2023, by and among CVS Pharmacy, Inc., a Rhode Island corporation (“Parent”), Halo Merger Sub Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), Oak Street Health, Inc., a Delaware corporation (the “Company”) and, solely for purposes of Section 1.1 (to the extent the terms defined therein are used in the following Sections and Article of this Agreement) Section 3.28, Section 4.1, Section 4.2, Section 4.3, Section 4.4, Section 4.5, Section 4.6, Section 4.9, Section 4.16, Section 6.2, Section 6.12, Section 6.18 and Article IX, CVS Health Corporation, a Delaware corporation and ultimate parent company of Parent (“Ultimate Parent”). Each of Parent, Merger Sub, the Company and Ultimate Parent (to the extent Ultimate Party is a party to this Agreement for purposes of such Sections in accordance with Section 9.9) are sometimes referred to herein as a “Party.” All

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • June 23rd, 2022 • Crestview Partners III GP, L.P. • Oil & gas field services, nec • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 21, 2022, among U.S. Well Services, Inc., a Delaware corporation (the “Company”), ProFrac Holding Corp., a Delaware corporation (“Parent”), and Thunderclap Merger Sub I, Inc., a Delaware corporation and an indirect subsidiary of Parent (“Merger Sub Inc.”). Parent, Merger Sub Inc. and the Company are referred to individually as a “Party” and collectively as “Parties”.

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 21st, 2022 • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 20, 2022, by and among Berkshire Hathaway Inc., a Delaware corporation (“Parent”), O&M Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Alleghany Corporation, a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among MERITOR, INC., CUMMINS INC. and ROSE NEWCO INC. Dated as of February 21, 2022
Agreement and Plan of Merger • February 22nd, 2022 • Meritor, Inc. • Motor vehicle parts & accessories • Delaware

THIS AGREEMENT AND PLAN OF MERGER is made as of February 21, 2022, by and among Meritor, Inc., an Indiana corporation (the “Company”), Cummins Inc., an Indiana corporation (“Parent”), and Rose NewCo Inc., an Indiana corporation (“Merger Sub”). Certain capitalized terms used herein are defined in Article I.

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • October 25th, 2021 • FTS International, Inc. • Oil & gas field services, nec • New York

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of October 21, 2021, by and among FTS International, Inc., a Delaware corporation (the “Company”), ProFrac Holdings, LLC, a Texas limited liability company (“Parent”), and ProFrac Acquisitions, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER By and Among ALI HOLDING S.R.L., ALI GROUP NORTH AMERICA CORPORATION, ASCEND MERGER CORP. and WELBILT, INC. Dated as of July 14, 2021
Agreement and Plan of Merger • July 14th, 2021 • Welbilt, Inc. • Refrigeration & service industry machinery • New York

THIS AGREEMENT AND PLAN OF MERGER, dated as of July 14, 2021 (this “Agreement”), is made by and among Ali Holding S.r.l., an Italian società a responsabilità limitata (“Parent”), Ali Group North America Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Acquiror”), Ascend Merger Corp., a Delaware corporation and a direct wholly owned Subsidiary of Acquiror (“Merger Sub”), and Welbilt, Inc., a Delaware corporation (the “Company”). Defined terms used in this Agreement have the respective meanings ascribed to them herein.

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 6th, 2021 • Patterson Uti Energy Inc • Drilling oil & gas wells • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 5, 2021, between PATTERSON-UTI ENERGY, INC., a Delaware corporation (“Parent”), CRESCENT MERGER SUB INC., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub Inc.”), CRESCENT RANCH SECOND MERGER SUB LLC, a Delaware limited liability company and a wholly-owned Subsidiary of Parent (“Merger Sub LLC” and, together with Parent and Merger Sub Inc., the “Parent Parties”), and PIONEER ENERGY SERVICES CORP., a Delaware corporation (the “Company”). Each of Parent, Merger Sub Inc., Merger Sub LLC and the Company are referred to herein individually as a “Party” and collectively as the “Parties”.

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 6th, 2021 • Patterson Uti Energy Inc • Drilling oil & gas wells • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 5, 2021, between PATTERSON-UTI ENERGY, INC., a Delaware corporation (“Parent”), CRESCENT MERGER SUB INC., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub Inc.”), CRESCENT RANCH SECOND MERGER SUB LLC, a Delaware limited liability company and a wholly-owned Subsidiary of Parent (“Merger Sub LLC” and, together with Parent and Merger Sub Inc., the “Parent Parties”), and PIONEER ENERGY SERVICES CORP., a Delaware corporation (the “Company”). Each of Parent, Merger Sub Inc., Merger Sub LLC and the Company are referred to herein individually as a “Party” and collectively as the “Parties”.

AGREEMENT AND PLAN OF MERGER dated as of April 15, 2021, among THERMO FISHER SCIENTIFIC INC., POWDER ACQUISITION CORP. and PPD, INC.
Agreement and Plan of Merger • April 16th, 2021 • Thermo Fisher Scientific Inc. • Measuring & controlling devices, nec • Delaware

AGREEMENT AND PLAN OF MERGER dated as of April 15, 2021 (this “Agreement”), by and among Thermo Fisher Scientific Inc., a company organized under the laws of Delaware (“Parent”), Powder Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and PPD, Inc., a Delaware corporation (the “Company”). Unless expressly stated otherwise, Parent, Merger Sub and the Company are referred to in this Agreement individually as a “party” and collectively as the “parties”.

AGREEMENT AND PLAN OF MERGER dated as of February 16, 2021 among TRIBUNE PUBLISHING COMPANY, TRIBUNE ENTERPRISES, LLC and TRIBUNE MERGER SUB, INC.
Agreement and Plan of Merger • February 17th, 2021 • Tribune Publishing Co • Newspapers: publishing or publishing & printing • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of February 16, 2021, among Tribune Publishing Company, a Delaware corporation (the “Company”), Tribune Enterprises, LLC, a Delaware limited liability company (“Parent”), and Tribune Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 20th, 2020 • New York

AGREEMENT AND PLAN OF MERGER dated as of October 28, 2018 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), SOCRATES ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and RED HAT, INC., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • July 3rd, 2019 • ATRM Holdings, Inc. • Prefabricated wood bldgs & components • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of July 3, 2019 (as amended, supplemented or otherwise modified from time to time, and together with all exhibits and schedules hereto, this “Agreement”), is entered into by and among Digirad Corporation, a Delaware corporation (“Parent”), ATRM Holdings, Inc., a Minnesota corporation (the “Company”), and Digirad Acquisition Corporation, a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER by and among VIRTU FINANCIAL, INC. IMPALA MERGER SUB, INC. and INVESTMENT TECHNOLOGY GROUP, INC. Dated as of November 6, 2018
Agreement and Plan of Merger • November 8th, 2018 • Virtu Financial, Inc. • Security brokers, dealers & flotation companies • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of November 6, 2018 (this “Agreement”), is by and among Virtu Financial, Inc., a Delaware corporation (“Parent”), Impala Merger Sub, Inc., a Delaware corporation and an indirect wholly-owned subsidiary of Parent (“Merger Sub” and, together with Parent, the “Acquirer Parties”), and Investment Technology Group, Inc., a Delaware corporation (the “Company” and together with Parent and Merger Sub, the “Parties” and each, a “Party”).

AGREEMENT AND PLAN OF MERGER dated as of February 20, 2018 among Fogo de Chão, INC., PRIME CUT INTERMEDIATE HOLDINGS INC. and PRIME CUT MERGER SUB INC.
Agreement and Plan of Merger • April 5th, 2018 • Fogo De Chao, Inc. • Retail-eating places • New York

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of February 20, 2018, among Fogo de Chão, Inc., a Delaware corporation (the “Company”), Prime Cut Intermediate Holdings Inc., a Delaware corporation (“Parent”), and Prime Cut Merger Sub Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

AGREEMENT AND PLAN OF MERGER dated as of February 20, 2018 among Fogo de Chão, INC., PRIME CUT INTERMEDIATE HOLDINGS INC. and PRIME CUT MERGER SUB INC.
Agreement and Plan of Merger • February 22nd, 2018 • Fogo De Chao, Inc. • Retail-eating places • New York

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of February 20, 2018, among Fogo de Chão, Inc., a Delaware corporation (the “Company”), Prime Cut Intermediate Holdings Inc., a Delaware corporation (“Parent”), and Prime Cut Merger Sub Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 21st, 2017 • NICE Ltd. • Electronic computers • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of May 17, 2016 among inContact, Inc., a Delaware corporation (the “Company”), NICE-Systems Ltd., a company organized under the laws of the State of Israel (“Parent”), and Victory Merger Sub Inc., a Delaware corporation and a wholly owned indirect subsidiary of Parent (“Merger Subsidiary”).

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AGREEMENT AND PLAN OF MERGER by and among FAIRPOINT COMMUNICATIONS, INC., CONSOLIDATED COMMUNICATIONS HOLDINGS, INC., and FALCON MERGER SUB, INC. Dated as of December 3, 2016
Agreement and Plan of Merger • December 5th, 2016 • Consolidated Communications Holdings, Inc. • Telephone communications (no radiotelephone) • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of December 3, 2016 (as amended, supplemented or otherwise modified from time to time, and together with all exhibits and schedules hereto, this “Agreement”), is entered into by and among Consolidated Communications Holdings, Inc., a Delaware corporation (“Parent”), FairPoint Communications, Inc., a Delaware corporation (the “Company”), and Falcon Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER by and among FAIRPOINT COMMUNICATIONS, INC., CONSOLIDATED COMMUNICATIONS HOLDINGS, INC., and FALCON MERGER SUB, INC. Dated as of December 3, 2016
Agreement and Plan of Merger • December 5th, 2016 • Fairpoint Communications Inc • Telephone communications (no radiotelephone) • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of December 3, 2016 (as amended, supplemented or otherwise modified from time to time, and together with all exhibits and schedules hereto, this “Agreement”), is entered into by and among Consolidated Communications Holdings, Inc., a Delaware corporation (“Parent”), FairPoint Communications, Inc., a Delaware corporation (the “Company”), and Falcon Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER dated as of May 14, 2016 among ANACOR PHARMACEUTICALS, INC., PFIZER INC. and QUATTRO MERGER SUB INC.
Agreement and Plan of Merger • May 16th, 2016 • Anacor Pharmaceuticals, Inc. • Pharmaceutical preparations • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of May 14, 2016, among Anacor Pharmaceuticals, Inc., a Delaware corporation (the “Company”), Pfizer Inc., a Delaware corporation (“Parent”), and Quattro Merger Sub Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER among FRI Holding Company, LLC, a Delaware limited liability company and FRI Merger Sub, LLC, an Ohio limited liability company and Frisch’s Restaurants, Inc., an Ohio corporation dated as of May 21, 2015
Agreement and Plan of Merger • May 22nd, 2015 • Frischs Restaurants Inc • Retail-eating places

This AGREEMENT AND PLAN OF MERGER is dated as of May 21, 2015 (this “Agreement”), by and among FRI Holding Company, LLC, a Delaware limited liability company (“Parent”), FRI Merger Sub, LLC, an Ohio limited liability company, and a wholly owned subsidiary of Parent (“Merger Sub”), and Frisch’s Restaurants, Inc., an Ohio corporation (the “Company”). Each of the aforementioned entities is referred to herein as a “Party” and, together, as the “Parties.”

AGREEMENT AND PLAN OF MERGER by and among RTI INTERNATIONAL METALS, INC., ALCOA INC. and RANGER OHIO CORPORATION Dated as of March 8, 2015
Agreement and Plan of Merger • March 9th, 2015 • Alcoa Inc. • Rolling drawing & extruding of nonferrous metals • Ohio

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 8, 2015, is by and among RTI International Metals, Inc., an Ohio corporation (the “Company”), Alcoa Inc., a Pennsylvania corporation (“Parent”) and Ranger Ohio Corporation, an Ohio corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER by and among SIEMENS ENERGY, INC., DYNAMO ACQUISITION CORPORATION, and DRESSER-RAND GROUP INC. Dated as of September 21, 2014
Agreement and Plan of Merger • September 23rd, 2014 • Dresser-Rand Group Inc. • Engines & turbines • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of September 21, 2014 (the “Agreement”), is by and among SIEMENS ENERGY, INC., a Delaware corporation (“Parent”), DYNAMO ACQUISITION CORPORATION, a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and DRESSER-RAND GROUP INC. , a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among OWENS & MINOR, INC., MONGOOSE MERGER SUB INC. and MEDICAL ACTION INDUSTRIES INC. June 24, 2014
Agreement and Plan of Merger • June 25th, 2014 • Medical Action Industries Inc • Orthopedic, prosthetic & surgical appliances & supplies • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of June 24, 2014 (this “Agreement”), by and among Owens & Minor, Inc., a Virginia corporation (“Parent”), Mongoose Merger Sub Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), and Medical Action Industries Inc., a Delaware corporation (the “Company” and together with Parent and Merger Sub, collectively, the “Parties”).

AGREEMENT AND PLAN OF MERGER by and among LCA-Vision Inc. and PHOTOMEDEX, INC. and GATORADE ACQUISITION CORP. dated as of February 13, 2014
Agreement and Plan of Merger • February 13th, 2014 • Lca Vision Inc • Services-specialty outpatient facilities, nec • Delaware

This Agreement and Plan of Merger (this “Agreement”), is entered into as of February 13, 2014, by and among LCA-Vision Inc., a Delaware corporation (the “Company”), PhotoMedex, Inc., a Nevada corporation (“Parent”), and Gatorade Acquisition Corp., a Delaware corporation and a wholly-owned Subsidiary of Parent (“Merger Sub”). Capitalized terms used herein (including in the immediately preceding sentence) and not otherwise defined herein shall have the meanings set forth in Section 1.01 hereof.

AGREEMENT AND PLAN OF MERGER dated as of November 11, 2013, among SHIRE PHARMACEUTICAL HOLDINGS IRELAND LIMITED, VENUS NEWCO, INC., VIROPHARMA INCORPORATED and SHIRE PLC (solely for the purposes set forth in Section 10.16)
Agreement and Plan of Merger • November 12th, 2013 • Shire PLC • Pharmaceutical preparations • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of November 11, 2013 (this “Agreement”), is by and among SHIRE PHARMACEUTICAL HOLDINGS IRELAND LIMITED, a company incorporated in Ireland (“Parent”), VENUS NEWCO, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and VIROPHARMA INCORPORATED, a Delaware corporation (the “Company”), and, solely for the purposes set forth in Section 10.16, SHIRE PLC, a company incorporated in Jersey (“Parent Holdco”).

AGREEMENT AND PLAN OF MERGER dated as of July 23, 2013 among MAIDENFORM BRANDS, INC., HANESBRANDS INC. and GENERAL MERGER SUB INC.
Agreement and Plan of Merger • July 24th, 2013 • Maidenform Brands, Inc. • Retail-department stores • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of July 23, 2013 among Maidenform Brands, Inc., a Delaware corporation (the “Company”), Hanesbrands Inc., a Maryland corporation (“Parent”), and General Merger Sub Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

AGREEMENT AND PLAN OF MERGER by and between THE KROGER CO., HORNET ACQUISITION, INC. and HARRIS TEETER SUPERMARKETS, INC. DATED AS OF jULY 8, 2013
Agreement and Plan of Merger • July 9th, 2013 • Harris Teeter Supermarkets, Inc. • Retail-grocery stores

This AGREEMENT AND PLAN OF MERGER is dated as of July 8, 2013 (this “Agreement”), by and between The Kroger Co., an Ohio corporation (“Parent”), Hornet Acquisition, Inc., a North Carolina corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Harris Teeter Supermarkets, Inc., a North Carolina corporation (the “Company”). Each of Parent, Merger Sub and the Company are referred to herein as a “Party” and, together, as the “Parties.”

AGREEMENT AND PLAN OF MERGER dated as of November 26, 2012 among RALCORP HOLDINGS, INC., CONAGRA FOODS, INC. and PHOENIX ACQUISITION SUB INC.
Agreement and Plan of Merger • November 28th, 2012 • Conagra Foods Inc /De/ • Food and kindred products • Missouri

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of November 26, 2012, among RALCORP HOLDINGS, INC., a Missouri corporation (the “Company”), CONAGRA FOODS, INC., a Delaware corporation (“Parent”), and PHOENIX ACQUISITION SUB INC., a Missouri corporation and a wholly-owned subsidiary of Parent (“Merger Subsidiary”).

MEDIWARE INFORMATION SYSTEMS, INC., PROJECT RUBY PARENT CORP., AND PROJECT RUBY MERGER CORP. AGREEMENT AND PLAN OF MERGER Dated as of September 11, 2012
Agreement and Plan of Merger • September 12th, 2012 • Mediware Information Systems Inc • Services-computer integrated systems design • New York

This AGREEMENT AND PLAN OF MERGER, dated as of September 11, 2012 (this “Agreement”), among Mediware Information Systems, Inc., a New York corporation (the “Company”), Project Ruby Parent Corp., a Delaware corporation (“Parent”), and Project Ruby Merger Corp., a New York corporation and a wholly-owned subsidiary of Parent (“Merger Sub”).

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