SECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER by and among DIGITAL MUSIC GROUP, INC. DMGI NEW YORK, INC. and THE ORCHARD ENTERPRISES INC. DATED AS OF OCTOBER 5, 2007Agreement and Plan of Merger • November 21st, 2007 • Dimensional Associates, LLC • Patent owners & lessors • New York
Contract Type FiledNovember 21st, 2007 Company Industry JurisdictionSECOND AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER, dated as of October 5, 2007 (this “Agreement”), by and among The Orchard Enterprises Inc., a New York corporation (the “Orchard”), Digital Music Group, Inc., a Delaware corporation (“DMGI”), and DMGI New York, Inc., a New York corporation (“Merger Sub“).
AGREEMENT AND PLAN OF MERGER by and among DIGITAL MUSIC GROUP, INC. DMGI NEW YORK, INC. and THE ORCHARD ENTERPRISES INC. DATED AS OF JULY 10, 2007Agreement and Plan of Merger • July 16th, 2007 • Digital Music Group, Inc. • Patent owners & lessors • New York
Contract Type FiledJuly 16th, 2007 Company Industry JurisdictionIf any provision of this Release is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Release will remain in full force and effect. Any provision of this Release held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.