0000950152-05-000670 Sample Contracts

AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • February 2nd, 2005 • Scotts Company • Agricultural chemicals

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of December 13, 2004, by and among THE SCOTTS COMPANY, an Ohio corporation (“SCOTTS”), THE SCOTTS COMPANY LLC, an Ohio limited liability company (“SCOTTS LLC”), and THE SCOTTS MIRACLE-GRO COMPANY, an Ohio corporation (“SCOTTS MIRACLE-GRO”).

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