0000950123-09-055381 Sample Contracts

AGREEMENT AND PLAN OF MERGER among ARES CAPITAL CORPORATION ARCC ODYSSEY CORP. and ALLIED CAPITAL CORPORATION Dated as of October 26, 2009
Merger Agreement • October 30th, 2009 • Allied Capital Corp • Maryland

AGREEMENT AND PLAN OF MERGER, dated as of October 26, 2009 (this “Agreement”), among Allied Capital Corporation, a Maryland corporation (the “Company”), Ares Capital Corporation, a Maryland corporation (“Parent”), and ARCC Odyssey Corp., a Maryland corporation and wholly owned direct Consolidated Subsidiary of Parent (“Merger Sub”).

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