0001104659-06-073651 Sample Contracts

AMENDMENT NO. 2
Agreement and Plan of Merger • November 9th, 2006 • Boston Restaurant Associates Inc • Retail-eating places • Delaware

AMENDMENT NO. 2 TO AGREEMENT AND PLAN OF MERGER dated as of November 3, 2006 (the “Amendment”) among BOSTON RESTAURANT ASSOCIATES, INC., a Delaware corporation (the “Company”), DOLPHIN DIRECT EQUITY PARTNERS, LP, a Delaware limited partnership (“Parent”), and BRAIDOL ACQUISITION CORP., a Delaware corporation (“Merger Subsidiary”).

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