AGREEMENT AND PLAN OF MERGER by and between THE KROGER CO., HORNET ACQUISITION, INC. and HARRIS TEETER SUPERMARKETS, INC. DATED AS OF jULY 8, 2013Merger Agreement • July 9th, 2013 • Harris Teeter Supermarkets, Inc. • 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.”
