0001193125-04-170668 Sample Contracts

AGREEMENT AND PLAN OF MERGER AMONG INTERMIX MEDIA, INC. FL ACQUISITION CORP. AND FOCALEX, INC., Jonathan A. Lieberman and Seth W. Lieberman OCTOBER 7, 2004

Agreement and Plan of Merger • October 13th, 2004 • Intermix Media, Inc. • Retail-record & prerecorded tape stores • California

• Contract Type
  Agreement and Plan of Merger
• Filed
  October 13th, 2004
• Company
  Intermix Media, Inc.
• Industry
  Retail-record & prerecorded tape stores
• Jurisdiction
  California

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of October 7, 2004 (the “Agreement Date”) by and among Intermix Media, Inc., a Delaware corporation (“Parent”), FL Acquisition Corp., a Massachusetts corporation that is a wholly-owned subsidiary of Parent (“Sub”), and Focalex, Inc., a Massachusetts corporation (“Company”), Jonathan A. Lieberman and Seth W. Lieberman (collectively, the “Principal Shareholders”).