0000009389-06-000066 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among BALL CORPORATION, BALL AEROSOL AND SPECIALTY CONTAINER CORPORATION and and THE SECURITYHOLDERS OF U.S. CAN CORPORATION SET FORTH ON SCHEDULE I HERETO Dated as of February 14, 2006

Merger Agreement • February 17th, 2006 • Ball Corp • Metal cans • New York

• Contract Type
  Merger Agreement
• Filed
  February 17th, 2006
• Company
  Ball Corp
• Industry
  Metal cans
• Jurisdiction
  New York

AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of February 14, 2006, by and among Ball Corporation, an Indiana Corporation (“Parent”), Ball Aerosol and Specialty Container Corporation, a Delaware corporation and wholly-owned subsidiary of Parent (“Newco”), U.S. Can Corporation, a Delaware corporation (the “Company”) and each of the persons listed on Schedule I hereto.