AGREEMENT AND PLAN OF MERGER AMONG MARSHALL & ILSLEY CORPORATION, EBC ACQUISITION CORPORATION AND EXCEL BANK CORPORATION Dated as of February 9, 2007Merger Agreement • February 12th, 2007 • Marshall & Ilsley Corp/Wi/ • National commercial banks • Wisconsin
Contract Type FiledFebruary 12th, 2007 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER, dated as of February 9, 2007 (this “Agreement”), among MARSHALL & ILSLEY CORPORATION, a Wisconsin corporation (the “Company”), EBC ACQUISITION CORPORATION, a Wisconsin corporation (the “Merger Sub”), and EXCEL BANK CORPORATION, a Minnesota corporation (the “Seller”). Capitalized terms used herein without definition are defined in the Sections of this Agreement specified in the index of defined terms attached hereto.