0001104659-05-029119 Sample Contracts

AGREEMENT AND PLAN OF MERGER dated as of June 17, 2005 among MUELLER WATER PRODUCTS, INC., WALTER INDUSTRIES, INC., JW MERGERCO, INC. and DLJ MERCHANT BANKING II, INC., as the Stockholders’ Representative

Merger Agreement • June 21st, 2005 • Mueller Water Products, Inc. • Miscellaneous fabricated metal products • New York

• Contract Type
  Merger Agreement
• Filed
  June 21st, 2005
• Company
  Mueller Water Products, Inc.
• Industry
  Miscellaneous fabricated metal products
• Jurisdiction
  New York

AGREEMENT AND PLAN OF MERGER (this “Agreement”) dated as of June 17, 2005 among Mueller Water Products, Inc., a Delaware corporation (the “Company”), Walter Industries, Inc., a Delaware corporation (“Buyer”), and JW MergerCo, Inc., a Delaware corporation (“MergerCo”), and, individually for purposes of Article 4 and otherwise, solely in its capacity as the Stockholders’ Representative (as defined below), DLJ Merchant Banking II, Inc., a Delaware corporation (“DLJMB”).