0001144204-11-050668 Sample Contracts

FORM OF AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 31st, 2011 • Pittsburgh & West Virginia Railroad • Real estate investment trusts • Pennsylvania

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of [•], 2011, by and among Pennsylvania & West Virginia Railroad, a Pennsylvania business trust ( “PW”), Power REIT, a Maryland real estate investment trust and a wholly owned subsidiary of PW (“Power REIT”), and Power REIT PA, LLC, a Pennsylvania limited liability company and wholly owned subsidiary of Power REIT (“Merger Sub”).

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