0001047469-04-012184 Sample Contracts

AGREEMENT AND PLAN OF MERGER DATED AS OF MARCH 3, 2004 BY AND BETWEEN SEALY CORPORATION AND POSTUREPEDIC ACQUISITION CORP.

Merger Agreement • April 15th, 2004 • Sealy Corp • Household furniture • New York

• Contract Type
  Merger Agreement
• Filed
  April 15th, 2004
• Company
  Sealy Corp
• Industry
  Household furniture
• Jurisdiction
  New York

AGREEMENT AND PLAN OF MERGER, dated March 3, 2004, by and between Posturepedic Acquisition Corp., a Delaware corporation (“Newco”) and Sealy Corporation, a Delaware corporation (the “Company”).

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER

Agreement and Plan of Merger • April 15th, 2004 • Sealy Corp • Household furniture • New York

• Contract Type
  Agreement and Plan of Merger
• Filed
  April 15th, 2004
• Company
  Sealy Corp
• Industry
  Household furniture
• Jurisdiction
  New York

This First Amendment (the “Amendment”) to the Agreement and Plan of Merger (the “Merger Agreement”) dated March 3, 2004 by and between Posturepedic Acquisition Corp. a Delaware corporation (“Newco”) and Sealy Corporation, a Delaware corporation (the “Company”) is dated April 5, 2004. Capitalized terms used herein without definition shall have the same meanings herein as set forth in the Merger Agreement.