AGREEMENT AND PLAN OF MERGER AMONG INTERMIX MEDIA, INC. FL ACQUISITION CORP. AND FOCALEX, INC., Jonathan A. Lieberman and Seth W. Lieberman OCTOBER 7, 2004Merger Agreement • October 13th, 2004 • Intermix Media, Inc. • Retail-record & prerecorded tape stores • California
Contract Type FiledOctober 13th, 2004 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of October 7, 2004 (the “Agreement Date”) by and among Intermix Media, Inc., a Delaware corporation (“Parent”), FL Acquisition Corp., a Massachusetts corporation that is a wholly-owned subsidiary of Parent (“Sub”), and Focalex, Inc., a Massachusetts corporation (“Company”), Jonathan A. Lieberman and Seth W. Lieberman (collectively, the “Principal Shareholders”).