AGREEMENT AND PLAN OF MERGER BY AND AMONG DYNA TEN CORPORATION, COMFORT SYSTEMS USA, INC., CSUSA (20), INC., SCOTT BRADY, AS A SIGNING SHAREHOLDER, AND MARK NYQUIST, AS A SIGNING SHAREHOLDER AND AS SHAREHOLDER REPRESENTATIVE DATED AS OF APRIL 7, 2014Merger Agreement • April 9th, 2014 • Comfort Systems Usa Inc • Electrical work • Texas
This Agreement and Plan of Merger (this “Agreement”), dated as of April 7, 2014, is made by and among Dyna Ten Corporation, a Texas corporation (the “Company”), Comfort Systems USA, Inc., a Delaware corporation (the “Purchaser”), CSUSA (20), Inc., a Delaware corporation and wholly owned subsidiary of the Purchaser (the “Merger Sub”), Scott Brady and Mark Nyquist, for purposes of the Specified Sections (as defined below) only (each a “Signing Shareholder”), and Mark Nyquist in his capacity as representative for the Shareholders (as defined below) (in such capacity, the “Shareholder Representative”). The Purchaser, the Merger Sub, the Company, the Signing Shareholders and the Shareholder Representative are sometimes individually referred to herein as a “Party” and collectively as the “Parties.”
