0001104659-05-009602 Sample Contracts

AGREEMENT AND PLAN OF MERGER Among PCX HOLDINGS, INC., ARCHIPELAGO HOLDINGS, INC. and NEW APPLE ACQUISITIONS CORPORATION Dated as of January 3, 2005
Agreement and Plan of Merger • March 4th, 2005 • Archipelago Holdings Inc • Security & commodity brokers, dealers, exchanges & services

AGREEMENT AND PLAN OF MERGER (hereinafter called this “Agreement”), dated as of January 3, 2005, among PCX Holdings, Inc., a Delaware corporation (the “Company”), Archipelago Holdings, Inc., a Delaware corporation (“Parent”), and New Apple Acquisitions Corporation, a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”, the Company and Merger Sub sometimes being hereinafter collectively referred to as the “Constituent Corporations”).

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