0001104659-13-028532 Sample Contracts

FOURTH AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 11th, 2013 • Ecolab Inc • Soap, detergents, cleang preparations, perfumes, cosmetics

This Fourth Amendment to Agreement and Plan of Merger is entered into as of the 10th day of April, 2013 (this “Amendment”), by and among PERMIAN MUD SERVICE, INC., a Texas corporation (the “Company”), ECOLAB INC., a Delaware corporation (“Parent”), OFC TECHNOLOGIES CORP., a Texas corporation and wholly owned subsidiary of Parent (“Merger Subsidiary”), and John W. Johnson, Steven J. Lindley and J. Loren Ross, solely in their capacity as the Representatives. The Company, Parent, Merger Subsidiary and the Representatives are collectively referred to as the “Parties.”

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THIRD AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • April 11th, 2013 • Ecolab Inc • Soap, detergents, cleang preparations, perfumes, cosmetics • Texas

This Third Amendment to Agreement and Plan of Merger is entered into as of the 28th day of December, 2012 (this “Amendment”), by and among PERMIAN MUD SERVICE, INC., a Texas corporation (the “Company”), ECOLAB INC., a Delaware corporation (“Parent”), OFC TECHNOLOGIES CORP., a Texas corporation and wholly owned subsidiary of Parent (“Merger Subsidiary”), and John W. Johnson, Steven J. Lindley and J. Loren Ross, solely in their capacity as the Representatives. The Company, Parent, Merger Subsidiary and the Representatives are collectively referred to as the “Parties.”

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • April 11th, 2013 • Ecolab Inc • Soap, detergents, cleang preparations, perfumes, cosmetics • Delaware

This REGISTRATION RIGHTS AGREEMENT, dated as of April 10, 2013, is entered into by and among Ecolab Inc., a Delaware corporation (the “Company”), the parties identified on Schedule A hereto (each, a “Holder” and together, the “Holders”) and John W. Johnson and Steven J. Lindley, in their capacity Holders’ Representative.

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