0000892712-07-000170 Sample Contracts

AGREEMENT AND PLAN OF MERGER AMONG MARSHALL & ILSLEY CORPORATION, EBC ACQUISITION CORPORATION AND EXCEL BANK CORPORATION Dated as of February 9, 2007
Agreement and Plan of Merger • February 12th, 2007 • Marshall & Ilsley Corp/Wi/ • National commercial banks • Wisconsin

AGREEMENT AND PLAN OF MERGER, dated as of February 9, 2007 (this “Agreement”), among MARSHALL & ILSLEY CORPORATION, a Wisconsin corporation (the “Company”), EBC ACQUISITION CORPORATION, a Wisconsin corporation (the “Merger Sub”), and EXCEL BANK CORPORATION, a Minnesota corporation (the “Seller”). Capitalized terms used herein without definition are defined in the Sections of this Agreement specified in the index of defined terms attached hereto.

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