0001193125-04-135329 Sample Contracts

AGREEMENT AND PLAN OF MERGER among U.S. Restaurant Properties, Inc., Ivanhoe Acquisition IX, LLC and CNL Income Fund IX, Ltd. dated as of August 9, 2004
Merger Agreement • August 9th, 2004 • CNL Income Fund Ix LTD • Real estate • Maryland

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 9, 2004, is by and among U.S. Restaurant Properties, Inc., a Maryland corporation (the “Company”), Ivanhoe Acquisition IX, LLC, a Maryland limited liability company (“Acquisition LLC”), and CNL Income Fund IX, Ltd., a Florida limited partnership (the “Fund”). The Company, Acquisition LLC, and the Fund are referred to collectively herein as the “Parties” and individually as a “Party.”

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