AGREEMENT AND PLAN OF MERGER dated as of February 14, 2004 by and among HCI Acquisition Corp., The Hillman Companies, Inc., and Persons set forth on the Stockholder Signature Page attached hereto in their capacities as Stockholders and Optionholders...Merger Agreement • February 17th, 2004 • Hillman Companies Inc • Wholesale-machinery, equipment & supplies • Delaware
This AGREEMENT AND PLAN OF MERGER is made as of February 14, 2004, by and among HCI Acquisition Corp., a Delaware corporation (the “Purchaser”), The Hillman Companies, Inc., a Delaware corporation (the “Company”), and the Persons listed on the stockholder signature page attached hereto (each a “Stockholder” and collectively, the “Stockholders”) and, other than Allied Capital Corporation, a Maryland corporation (“Allied Capital”), in their capacity as an optionholder of the Company (each, an “Optionholder” and collectively, the “Optionholders” and, together with the Stockholders, the “Sellers”), subject to Section 9.15. The Purchaser, the Sellers and the Company are sometimes referred to collectively herein as the “Parties.” Certain capitalized terms which are used herein are defined in Article VIII below.
