Common use of Reorganization Plan of Merger Clause in Contracts

Reorganization Plan of Merger. The provisions contained in Sections 2.01 through 2.08 constitute the “plan of merger”, as that term is used in KRS 271B.11-010 and KRS 271B.11-080 of the KBCA and KRS 275.355 of the KLLCA, for the Reorganization Merger (the “Reorganization Plan of Merger”). The adoption of this Agreement by the Board of Directors of Ashland (the “Ashland Board”) constitutes the adoption, and the approval of this Agreement by the shareholders of Ashland will constitute the approval, of the Reorganization Plan of Merger by Ashland as required by KRS 271B.11-030. The approval of this Agreement by HoldCo, as the sole member of New Ashland LLC, constitutes the approval of the Reorganization Plan of Merger by New Ashland LLC as required by KRS 275.350.

Reorganization Plan of Merger. The provisions contained in Sections 2.01 through 2.08 constitute the “"plan of merger”", as that term is used in KRS 271B.11-010 and KRS 271B.11-080 of the KBCA and KRS 275.355 of the KLLCA, for the Reorganization Merger (the “"Reorganization Plan of Merger”"). The adoption of this Agreement by the Board of Directors of Ashland (the “"Ashland Board”") constitutes the adoption, and the approval of this Agreement by the shareholders of Ashland will constitute the approval, of the Reorganization Plan of Merger by Ashland as required by KRS 271B.11-030. The approval of this Agreement by HoldCo, as the sole member of New Ashland LLC, constitutes the approval of the Reorganization Plan of Merger by New Ashland LLC as required by KRS 275.350.