0001193125-07-093383 Sample Contracts

AGREEMENT AND PLAN OF MERGER Among HIGHLAND HOSPITALITY CORPORATION, HIGHLAND HOSPITALITY, L.P., BLACKJACK HOLDINGS, LLC, BLACKJACK MERGER CORPORATION and BLACKJACK MERGER PARTNERSHIP, LP Dated as of April 24, 2007
Agreement and Plan of Merger • April 27th, 2007 • Highland Hospitality Corp • Real estate investment trusts • Delaware

THIS AGREEMENT AND PLAN OF MERGER, dated as of April 24, 2007 (this “Agreement”), is made and entered into by and among Highland Hospitality Corporation, a Maryland corporation (the “Company”), Highland Hospitality, L.P., a Delaware limited partnership (the “Operating Partnership”), Blackjack Holdings, LLC, a Delaware limited liability company (“Parent”), Blackjack Merger Corporation, a Maryland corporation and wholly owned subsidiary of Parent (“MergerCo”), and Blackjack Merger Partnership, LP, a Delaware limited partnership and a wholly owned subsidiary of MergerCo (“Merger Partnership”, and together with Parent and MergerCo, the “Buyer Parties”).

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