0001104659-05-051274 Sample Contracts

FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • October 31st, 2005 • Mossimo Giannulli • Men's & boys' furnishgs, work clothg, & allied garments • Delaware

AMENDMENT dated as of October 31, 2005 (this “Amendment”) by and among Mossimo Holding Corp., a Delaware corporation (“Parent”), Mossimo Acquisition Corp., a Delaware corporation and wholly owned subsidiary of Parent (the “Purchaser”), Mossimo Giannulli, an individual (“Giannulli”), and Mossimo, Inc., a Delaware corporation (the “Company”), to the Agreement (as defined below).

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