AGREEMENT AND PLAN OF MERGER by and among THE TOPPS COMPANY, INC., THE UPPER DECK COMPANY and UD COMPANY, INC.Agreement and Plan of Merger • August 21st, 2007 • Topps Co Inc • Commercial printing • New York
AGREEMENT AND PLAN OF MERGER, dated as of the Effective Date (this “Agreement”), by and among The Topps Company, Inc., a Delaware corporation (the “Company”), The Upper Deck Company, a Nevada corporation (“Parent”), and UD Company, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”).1 The Company and Merger Sub are sometimes hereinafter collectively referred to as the “Constituent Corporations”. The “Effective Date” means the date last set forth on the signature pages hereto, and references herein to the “date hereof,” “date of this Agreement” or terms of similar import shall mean the Effective Date.
