0000874691-07-000095 Sample Contracts

AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • May 24th, 2007 • Osi Restaurant Partners, Inc. • Retail-eating places

AMENDMENT, dated as of May 21, 2007 (this “Amendment”), among Kangaroo Holdings, Inc., a Delaware corporation (“Parent”), Kangaroo Acquisition, Inc., a Delaware corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”), and OSI Restaurant Partners, Inc., a Delaware corporation (the “Company”), to the Agreement and Plan of Merger, dated as of November 5, 2006 (the “Merger Agreement”), among Parent, Merger Sub and the Company. Unless otherwise specifically defined in this Amendment, each capitalized term used in this Amendment shall have the meaning assigned to such term in the Merger Agreement.

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