0001193125-06-218368 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and between INTERCONTINENTALEXCHANGE INC., BOARD OF TRADE OF THE CITY OF NEW YORK, INC. and CFC ACQUISITION CO. Dated as of September 14, 2006

Agreement and Plan of Merger • October 31st, 2006 • Intercontinentalexchange Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  October 31st, 2006
• Company
  Intercontinentalexchange Inc
• Industry
  Security & commodity brokers, dealers, exchanges & services
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 14, 2006, is by and among IntercontinentalExchange, Inc., a Delaware corporation (“ICE”), CFC Acquisition Co., a Delaware corporation (“Merger Sub“) and Board of Trade of the City of New York, Inc., a New York not-for-profit corporation (“NYBOT”).

FIRST AMENDMENT TO MERGER AGREEMENT

Merger Agreement • October 31st, 2006 • Intercontinentalexchange Inc • Security & commodity brokers, dealers, exchanges & services

• Contract Type
  Merger Agreement
• Filed
  October 31st, 2006
• Company
  Intercontinentalexchange Inc
• Industry
  Security & commodity brokers, dealers, exchanges & services

THIS FIRST AMENDMENT TO MERGER AGREEMENT (this “Amendment”) is made and entered into as of October 30, 2006, by and among IntercontinentalExchange, Inc. (“ICE”), Board of Trade of the City of New York, Inc. (“NYBOT”) and CFC Acquisition Co. (“Merger Sub”).