0000945841-05-000075 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and among AUTOMATIC RAIN COMPANY, HORIZON DISTRIBUTORS, INC., and the
Merger Agreement • October 4th, 2005 • SCP Pool Corp • Wholesale-misc durable goods • Delaware

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of August 26, 2005, by and among Automatic Rain Company, a California corporation (the “Company”), Horizon Distributors, Inc., a Delaware corporation (“Buyer”), and the shareholders of the Company that are signatories hereto (the “Shareholder Parties”). Buyer, the Company and the Shareholder Parties are sometimes collectively referred to as the “Parties.”

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