Common Contracts

41 similar Merger Agreement contracts by Dell Inc, King Pharmaceuticals Inc, Alpharma Inc, others

AGREEMENT AND PLAN OF MERGER BY AND AMONG ICAHN ENTERPRISES HOLDINGS L.P., IEP PARTS ACQUISITION LLC AND THE PEP BOYS — MANNY, MOE & JACK DATED AS OF DECEMBER 30, 2015
Merger Agreement • December 30th, 2015 • Icahn Enterprises Holdings L.P. • Petroleum refining • Pennsylvania

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 30, 2015, by and among Icahn Enterprises Holdings L.P., a Delaware limited partnership (“Parent”), IEP Parts Acquisition LLC, a Delaware limited liability company (“Merger Sub”) and wholly-owned subsidiary of Parent, and The Pep Boys — Manny, Moe & Jack, a Pennsylvania corporation (the “Company”). Parent, Merger Sub and the Company are each referred to herein as a “Party” and collectively as the “Parties.”

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AGREEMENT AND PLAN OF MERGER BY AND AMONG ICAHN ENTERPRISES HOLDINGS L.P., IEP PARTS ACQUISITION LLC AND THE PEP BOYS – MANNY, MOE & JACK DATED AS OF DECEMBER 30, 2015
Merger Agreement • December 30th, 2015 • Pep Boys Manny Moe & Jack • Retail-auto & home supply stores • Pennsylvania

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 30, 2015, by and among Icahn Enterprises Holdings L.P., a Delaware limited partnership (“Parent”), IEP Parts Acquisition LLC, a Delaware limited liability company (“Merger Sub”) and wholly-owned subsidiary of Parent, and The Pep Boys – Manny, Moe & Jack, a Pennsylvania corporation (the “Company”). Parent, Merger Sub and the Company are each referred to herein as a “Party” and collectively as the “Parties.”

AGREEMENT AND PLAN OF MERGER by and among HERTZ GLOBAL HOLDINGS, INC. HDTMS, INC. DOLLAR THRIFTY AUTOMOTIVE GROUP, INC. AUGUST 26, 2012
Merger Agreement • August 27th, 2012 • Dollar Thrifty Automotive Group Inc • Services-auto rental & leasing (no drivers) • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 26, 2012, is by and among Hertz Global Holdings, Inc., a Delaware corporation (“Parent”), HDTMS, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Dollar Thrifty Automotive Group, Inc., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among BHP BILLITON LIMITED, BHP BILLITON PETROLEUM (NORTH AMERICA) INC., NORTH AMERICA HOLDINGS II INC. and PETROHAWK ENERGY CORPORATION Dated as of July 14, 2011
Merger Agreement • July 15th, 2011 • BHP Billiton LTD • Metal mining • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of July 14, 2011 (this “Agreement”), among BHP Billiton Limited, a corporation organized under the laws of Victoria, Australia (the “Guarantor”), BHP Billiton Petroleum (North America) Inc., a Delaware corporation and wholly owned subsidiary of the Guarantor (“Parent”), North America Holdings II Inc., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Petrohawk Energy Corporation, a Delaware corporation (the “Company,” and together with Parent and Merger Sub, the “Parties”).

AGREEMENT AND PLAN OF MERGER by and among KRATOS DEFENSE & SECURITY SOLUTIONS, INC., LANZA ACQUISITION CO. and HERLEY INDUSTRIES, INC. dated as of February 7, 2011
Merger Agreement • February 8th, 2011 • Herley Industries Inc /New • Search, detection, navagation, guidance, aeronautical sys • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 7, 2011, is entered into by and among Kratos Defense & Security Solutions, Inc., a Delaware corporation (“Parent”), Lanza Acquisition Co., a Delaware corporation and an indirect wholly owned Subsidiary of Parent (“Merger Sub”), and Herley Industries, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 1.1.

AGREEMENT AND PLAN OF MERGER dated as of December 18, 2010, among RAYTHEON COMPANY, RN ACQUISITION COMPANY and APPLIED SIGNAL TECHNOLOGY, INC.
Merger Agreement • December 20th, 2010 • Applied Signal Technology Inc • Communications equipment, nec • Delaware

This Agreement and Plan of Merger dated as of December 18, 2010 (this “Agreement”), by and among Raytheon Company, a Delaware corporation (“Parent”), RN Acquisition Company, a California corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Applied Signal Technology, Inc., a California corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER among THERMO FISHER SCIENTIFIC INC., WESTON D MERGER CO. and DIONEX CORPORATION Dated as of December 12, 2010
Merger Agreement • December 16th, 2010 • Thermo Fisher Scientific Inc. • Measuring & controlling devices, nec • Delaware

AGREEMENT AND PLAN OF MERGER, dated as of December 12, 2010 (this “Agreement”), among Thermo Fisher Scientific Inc., a Delaware corporation (“Parent”), Weston D Merger Co., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Dionex Corporation, a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER
Merger Agreement • October 12th, 2010 • King Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of October 11, 2010 among Pfizer Inc., a Delaware corporation (“Parent”), King Pharmaceuticals, Inc., a Tennessee corporation (the “Company”), and Parker Tennessee Corp., a Tennessee corporation and a subsidiary of Parent owned directly by Parent and/or indirectly by Parent through one or more of its wholly-owned subsidiaries (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER Dated as of September 17, 2010 by and among MICRO HOLDING CORP., MICRO ACQUISITION CORP. and INTERNET BRANDS, INC.
Merger Agreement • September 22nd, 2010 • Internet Brands, Inc. • Services-business services, nec • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of September 17, 2010 (this "Agreement"), is entered into by and among Micro Holding Corp., a Delaware corporation ("Parent"), Micro Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent ("Merger Sub"), and Internet Brands, Inc., a Delaware corporation (the "Company").

AGREEMENT AND PLAN OF MERGER by and among HEWLETT-PACKARD COMPANY PRIAM ACQUISITION CORPORATION and ARCSIGHT, INC. Dated as of September 13, 2010
Merger Agreement • September 13th, 2010 • ArcSight Inc • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of September 13, 2010 (the “Agreement Date”) by and among Hewlett-Packard Company, a Delaware corporation (“Parent”), Priam Acquisition Corporation, a Delaware corporation and a wholly-owned, direct or indirect, subsidiary of Parent (“Merger Sub”), and ArcSight, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I hereof.

AGREEMENT AND PLAN OF MERGER by and among DELL INC. DELL TRINITY HOLDINGS CORP. and 3PAR INC. Dated as of August 15, 2010
Merger Agreement • August 20th, 2010 • Dell Inc • Electronic computers • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 15, 2010 by and among Dell Inc., a Delaware corporation (“Parent”), Dell Trinity Holdings Corp., a Delaware corporation and a wholly-owned subsidiary of Parent (“Acquisition Sub”), and 3PAR Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article I.

AGREEMENT AND PLAN OF MERGER dated as of June 30, 2010, among THE BOEING COMPANY, VORTEX MERGER SUB, INC. and ARGON ST, INC.
Merger Agreement • June 30th, 2010 • ARGON ST, Inc. • Measuring & controlling devices, nec • Delaware

This Agreement and Plan of Merger dated as of June 30, 2010 (this “Agreement”), by and among THE BOEING COMPANY, a Delaware corporation (“Parent”), VORTEX MERGER SUB, INC., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and ARGON ST, INC., a Delaware corporation (the “Company”).

Agreement and Plan of Merger by and among American Italian Pasta Company, Ralcorp Holdings, Inc. and Excelsior Acquisition Co. Dated as of June 20, 2010
Merger Agreement • June 21st, 2010 • Ralcorp Holdings Inc /Mo • Grain mill products • Delaware

This Agreement and Plan of Merger (this “Agreement”), dated as of June 20, 2010, is by and among American Italian Pasta Company, a Delaware corporation (the “Company”), Ralcorp Holdings, Inc., a Missouri corporation (“Parent”), and Excelsior Acquisition Co., a Delaware corporation (“Merger Sub”).

AGREEMENT AND PLAN OF MERGER Dated as of March 9, 2010, among Abbott Laboratories, Amber Acquisition Inc. and Facet Biotech Corporation
Merger Agreement • March 10th, 2010 • Facet Biotech Corp • Pharmaceutical preparations • Delaware

This AGREEMENT AND PLAN OF MERGER (this "Agreement") dated as of March 9, 2010 (the "Agreement Date"), is among Abbott Laboratories, an Illinois corporation ("Parent"), Amber Acquisition Inc., a Delaware corporation and a direct or indirect wholly owned Subsidiary of Parent ("Merger Sub"), and Facet Biotech Corporation, a Delaware corporation (the "Company").

AGREEMENT AND PLAN OF MERGER BY AND AMONG AMICAS, INC., MERGE HEALTHCARE INCORPORATED AND PROJECT READY CORP. Dated as of february 28, 2010
Merger Agreement • March 9th, 2010 • AMICAS, Inc. • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER (together with all annexes, letters, schedules and exhibits hereto, this “Agreement”), dated as of February 28, 2010, is by and among Merge Healthcare Incorporated, a Delaware corporation (“Parent”), Project Ready Corp., a Delaware corporation and wholly-owned direct subsidiary of Parent (“Merger Sub”), and AMICAS, Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Article IX, and Article IX includes an index of all capitalized terms used in this Agreement.

AGREEMENT AND PLAN OF MERGER among TRUSTCO HOLDINGS, INC., TRUSTCO MINNESOTA, INC. and HEALTH FITNESS CORPORATION Dated as of January 20, 2010
Merger Agreement • January 26th, 2010 • Trustco Holdings, Inc. • Services-amusement & recreation services • Minnesota

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of January 20, 2010, is by and among Trustco Holdings, Inc., a Delaware corporation (“Parent”), Trustco Minnesota, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Sub”) and Health Fitness Corporation, a Minnesota corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER among TRUSTCO HOLDINGS, INC., TRUSTCO MINNESOTA, INC. and HEALTH FITNESS CORPORATION Dated as of January 20, 2010
Merger Agreement • January 21st, 2010 • Health Fitness Corp /MN/ • Services-amusement & recreation services • Minnesota

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of January 20, 2010, is by and among Trustco Holdings, Inc., a Delaware corporation (“Parent”), Trustco Minnesota, Inc., a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Sub”) and Health Fitness Corporation, a Minnesota corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER among KIMBERLY-CLARK CORPORATION, BOXER ACQUISITION, INC. and I-FLOW CORPORATION Dated as of October 8, 2009
Merger Agreement • October 9th, 2009 • I Flow Corp /De/ • Surgical & medical instruments & apparatus • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 8, 2009, is by and among KIMBERLY-CLARK CORPORATION, a Delaware corporation (“Parent”), BOXER ACQUISITION, INC., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”) and I-FLOW CORPORATION, a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and between DELL INC., DII — HOLDINGS INC. and PEROT SYSTEMS CORPORATION September 20, 2009
Merger Agreement • September 21st, 2009 • Dell Inc • Electronic computers • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of September 20, 2009 by and among Dell Inc., a Delaware corporation (“Parent”), DII — Holdings Inc., a Delaware corporation and an indirect, wholly owned subsidiary of Parent (“Merger Sub”), and Perot Systems Corporation, a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are sometimes referred to herein as a “Party” and collectively as the “Parties.” An index of terms defined in this Agreement is set forth on Annex A attached hereto.

AGREEMENT AND PLAN OF MERGER DATED AS OF SEPTEMBER 3, 2009 AMONG DAINIPPON SUMITOMO PHARMA CO., LTD., APTIOM, INC. AND SEPRACOR INC.
Merger Agreement • September 3rd, 2009 • Sepracor Inc /De/ • Pharmaceutical preparations • Delaware

Agreement and Plan of Merger (this "Agreement"), dated as of September 3, 2009, among Dainippon Sumitomo Pharma Co., Ltd., a company formed under the laws of Japan ("Parent"), Aptiom, Inc., a Delaware corporation and indirect wholly-owned subsidiary of Parent ("Merger Sub"), and Sepracor Inc., a Delaware corporation (the "Company"). Capitalized terms not otherwise defined herein shall have the meaning set forth in Exhibit A attached hereto.

AGREEMENT AND PLAN OF MERGER BY AND AMONG NETAPP, INC. KENTUCKY MERGER SUB ONE CORPORATION DERBY MERGER SUB TWO LLC AND DATA DOMAIN, INC. Dated as of May 20, 2009
Merger Agreement • May 21st, 2009 • NetApp, Inc. • Computer storage devices • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 20, 2009 by and among NetApp, Inc., a Delaware corporation (“Parent”), Kentucky Merger Sub One Corporation, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub One”), Derby Merger Sub Two LLC, a Delaware limited liability company and a direct, wholly-owned subsidiary of Parent (“Merger Sub Two” and together with Merger Sub One, the “Merger Subs”), and Data Domain, Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.

AGREEMENT AND PLAN OF MERGER BY AND AMONG TD AMERITRADE HOLDING CORPORATION TANGO ACQUISITION CORPORATION ONE TANGO ACQUISITION CORPORATION TWO AND THINKORSWIM GROUP INC. Dated as of January 8, 2009
Merger Agreement • January 14th, 2009 • Td Ameritrade Holding Corp • Security brokers, dealers & flotation companies • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of January 8, 2009 by and among TD AMERITRADE Holding Corporation, a Delaware corporation (“Parent”), Tango Acquisition Corporation One, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub One”), Tango Acquisition Corporation Two, a Delaware corporation and a direct, wholly-owned subsidiary of Parent (“Merger Sub Two” and together with Merger Sub One, the “Merger Subs”), and thinkorswim Group Inc., a Delaware corporation (the “Company”). All capitalized terms that are used in this Agreement shall have the respective meanings ascribed thereto in Article I.

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AGREEMENT AND PLAN OF MERGER dated as of November 23, 2008, among KING PHARMACEUTICALS, INC., ALBERT ACQUISITION CORP. and ALPHARMA INC.
Merger Agreement • November 24th, 2008 • Alpharma Inc • Pharmaceutical preparations • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of November 23, 2008, among KING PHARMACEUTICALS, INC., a Tennessee corporation (“Parent”), ALBERT ACQUISITION CORP., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and ALPHARMA INC., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER dated as of November 23, 2008, among KING PHARMACEUTICALS, INC., ALBERT ACQUISITION CORP. and ALPHARMA INC.
Merger Agreement • November 24th, 2008 • King Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of November 23, 2008, among KING PHARMACEUTICALS, INC., a Tennessee corporation (“Parent”), ALBERT ACQUISITION CORP., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and ALPHARMA INC., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER Dated as of August 29, 2008 by and among Microsoft Corporation, Crisp Acquisition Corporation and Greenfield Online, Inc.
Merger Agreement • August 29th, 2008 • Greenfield Online Inc • Services-business services, nec • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 29, 2008, by and among Microsoft Corporation, a Washington corporation (“Parent”), Crisp Acquisition Corporation, a Delaware corporation and a wholly owned Subsidiary of Parent (“Sub”), and Greenfield Online, Inc., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER BY AND AMONG INDEPENDENT BREWERS UNITED, INC., MAGIC HAT BREWING COMPANY & PERFORMING ARTS CENTER, INC., PMID MERGER SUB, INC., AND PYRAMID BREWERIES INC. Dated as of June 27, 2008
Merger Agreement • June 30th, 2008 • Pyramid Breweries Inc • Malt beverages • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 27, 2008, by and among Independent Brewers United, Inc., a Delaware corporation (“Parent”), PMID Merger Sub, Inc., a Washington corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), Magic Hat Brewing Company & Performing Arts Center, Inc., a Vermont corporation and a wholly owned Subsidiary of Parent (“Magic Hat”), and Pyramid Breweries Inc., a Washington corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among AUTODESK, INC. SWITCH ACQUISITION CORPORATION and MOLDFLOW CORPORATION Dated as of May 1, 2008
Merger Agreement • May 2nd, 2008 • Moldflow Corp • Services-prepackaged software • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of May 1, 2008 by and among Autodesk, Inc., a Delaware corporation (“Parent”), Switch Acquisition Corporation, a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Moldflow Corporation, a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the respective meanings ascribed thereto in Article X.

AGREEMENT AND PLAN OF MERGER
Merger Agreement • January 14th, 2008 • Asv Inc /Mn/ • Construction machinery & equip • Delaware
Agreement and Plan of Merger By and Among COGNOS INCORPORATED, dimension Acquisition Corp. and applix, inc. Dated as of September 4, 2007
Merger Agreement • September 14th, 2007 • Cognos Inc • Services-prepackaged software • Massachusetts

This Agreement and Plan of Merger, dated as of September 4, 2007 (this “Agreement”), is by and among CognOs Incorporated, a Canadian corporation (“Parent”), DIMENSION Acquisition Corp., a Massachusetts corporation and an indirect wholly-owned Subsidiary of Parent (“Merger Sub”), and APPLIX, INC., a Massachusetts corporation (the “Company”). Capitalized terms used in this Agreement have the meanings set forth in Annex A.

Agreement and Plan of Merger By and Among COGNOS INCORPORATED, dimension Acquisition Corp. and applix, inc. Dated as of September 4, 2007
Merger Agreement • September 5th, 2007 • Applix Inc /Ma/ • Services-prepackaged software • Massachusetts

This Agreement and Plan of Merger, dated as of September 4, 2007 (this “Agreement”), is by and among CognOs Incorporated, a Canadian corporation (“Parent”), DIMENSION Acquisition Corp., a Massachusetts corporation and an indirect wholly-owned Subsidiary of Parent (“Merger Sub”), and APPLIX, INC., a Massachusetts corporation (the “Company”). Capitalized terms used in this Agreement have the meanings set forth in Annex A.

AGREEMENT AND PLAN OF MERGER Dated as of August 16, 2007 among DARDEN RESTAURANTS, INC. SURF & TURF MERGER CORP. and RARE HOSPITALITY INTERNATIONAL, INC.
Merger Agreement • August 17th, 2007 • Rare Hospitality International Inc • Retail-eating places • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 16, 2007, by and among Darden Restaurants, Inc., a Florida corporation (“Parent”), Surf & Turf Merger Corp., a Georgia corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and RARE Hospitality International Inc., a Georgia corporation (the “Company”).

EXECUTION COPY AGREEMENT AND PLAN OF MERGER Dated as of August 16, 2007 among DARDEN RESTAURANTS, INC. SURF & TURF MERGER CORP. and RARE HOSPITALITY INTERNATIONAL, INC.
Merger Agreement • August 17th, 2007 • Darden Restaurants Inc • Retail-eating places • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 16, 2007, by and among Darden Restaurants, Inc., a Florida corporation (“Parent”), Surf & Turf Merger Corp., a Georgia corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and RARE Hospitality International Inc., a Georgia corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER BY AND AMONG SOFTWARE AG, WIZARD ACQUISITION, INC. AND WEBMETHODS, INC. DATED AS OF APRIL 4, 2007
Merger Agreement • April 6th, 2007 • Webmethods Inc • Services-computer programming services • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is entered into as of this 4th day of April 2007, by and among Software AG, a stock corporation (Aktiengesellschaft) organized under the laws of the Federal Republic of Germany (“Parent”), Wizard Acquisition, Inc., a Delaware corporation and wholly-owned indirect subsidiary of Parent (“Merger Sub”), and webMethods, Inc., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER among BTP ACQUISITION COMPANY, LLC, IEAC, INC, and IMAGE ENTERTAINMENT, INC. Dated as of March 29, 2007
Merger Agreement • April 2nd, 2007 • Image Entertainment Inc • Services-allied to motion picture production • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of March 29, 2007, is among BTP Acquisition Company, LLC, a Delaware limited liability company (“Parent”), IEAC, Inc., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and Image Entertainment, Inc., a Delaware corporation (the “Company”).

AGREEMENT AND PLAN OF MERGER by and among MERCK & CO., INC., SPINNAKER ACQUISITION CORP. a wholly owned subsidiary of MERCK & CO., INC. and SIRNA THERAPEUTICS, INC. Dated as of October 30, 2006
Merger Agreement • November 3rd, 2006 • Merck & Co Inc • Pharmaceutical preparations • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 30, 2006, by and among MERCK & CO., INC., a New Jersey corporation (“Parent”), SPINNAKER ACQUISITION CORP., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and SIRNA THERAPEUTICS, INC., a Delaware corporation (the “Company”).

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