AGREEMENT AND PLAN OF MERGER BY AND AMONG WILD OATS MARKETS, INC., WFMI MERGER CO. AND WHOLE FOODS MARKET, INC. DATED AS OF FEBRUARY 21, 2007Merger Agreement • February 21st, 2007 • Whole Foods Market Inc • Retail-grocery stores • Delaware
AGREEMENT AND PLAN OF MERGER, dated as of February 21, 2007 (the “Agreement”), by and among Wild Oats Markets, Inc., a Delaware corporation (the “Company”), WFMI Merger Co., a Delaware corporation (“Merger Sub”), and Whole Foods Market, Inc., a Texas corporation (“Purchaser”).
TENDER AND SUPPORT AGREEMENTTender and Support Agreement • February 21st, 2007 • Whole Foods Market Inc • Retail-grocery stores • Delaware
TENDER AND SUPPORT AGREEMENT (this “Agreement”), dated as of February 21, 2007, is by and among Whole Foods Market, Inc., a Texas corporation (“Purchaser”), WFMI Merger Co., a Delaware corporation and wholly-owned subsidiary of Purchaser (“Merger Sub”), Wild Oats Market, Inc., a Delaware corporation (the “Company”), Yucaipa American Alliance Fund I, L.P., a Delaware limited partnership (“YAAF”), and Yucaipa American Alliance (Parallel) Fund I, L.P., a Delaware limited partnership (“YAAF Parallel”) (each of YAAF and YAAF Parallel being referred to herein as a “Securityholder”).
