AGREEMENT AND PLAN OF MERGER by and among US FOODS, INC., CNC MERGER SUB, INC.,Merger Agreement • March 6th, 2020 • US Foods Holding Corp. • Wholesale-groceries & related products • New York
This AGREEMENT AND PLAN OF MERGER, dated as of March 5, 2020 (this “Agreement”), is entered into by and among US Foods, Inc., a Delaware Corporation (“Buyer”), CNC Merger Sub, Inc., a Delaware corporation (“Merger Sub”), Smart Stores Holdings Corp., a Delaware corporation (the “Company”), and Smart & Final Holdings, Inc., a Delaware corporation, as the Stockholders’ Representative under this Agreement (in such capacity, the “Stockholders’ Representative”). Buyer, Merger Sub, the Company and the Stockholders’ Representative are each referred to in this Agreement individually as a “Party” and, collectively, as the “Parties”.
