AGREEMENT AND PLAN OF MERGER BY AND AMONG SWISHER HYGIENE INC., SWSH MERGER SUB, INC., CHOICE ENVIRONMENTAL SERVICES, INC., AND THE OTHER PARTIES HERETO Dated as of February 13, 2011Agreement and Plan of Merger • February 17th, 2011 • Swisher Hygiene Inc. • Services-to dwellings & other buildings • Florida
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of February 13, 2011 by and among Swisher Hygiene Inc., a Delaware corporation (“Parent”), SWSH Merger Sub, Inc., a Florida corporation and a wholly-owned subsidiary of Parent (“Sub”), Choice Environmental Services, Inc., a Florida corporation (the “Company”), Glen Miller (“Miller”), Neal Rodrigue (“Rodrigue”), The Hermine Rodrigue Testamentary Trust for Hayden Rodrigue, The Hermine Rodrigue Testamentary Trust for Kera Rodrigue, The Robert Rodrigue Testamentary Trust for Hayden Rodrigue, and the Robert Rodrigue Testamentary Trust for Kera Rodrigue (“Testamentary Trusts”), and the Escrow Agent (as herein defined).
