0001104659-13-053588 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND BETWEEN THE KROGER CO., HORNET ACQUISITION, INC. AND HARRIS TEETER SUPERMARKETS, INC. DATED AS OF JULY 8, 2013
Merger Agreement • July 9th, 2013 • Kroger Co • Retail-grocery stores

This AGREEMENT AND PLAN OF MERGER is dated as of July 8, 2013 (this “Agreement”), by and between The Kroger Co., an Ohio corporation (“Parent”), Hornet Acquisition, Inc., a North Carolina corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Harris Teeter Supermarkets, Inc., a North Carolina corporation (the “Company”). Each of Parent, Merger Sub and the Company are referred to herein as a “Party” and, together, as the “Parties.”

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