0001193125-04-170668 Sample Contracts

AGREEMENT AND PLAN OF MERGER AMONG INTERMIX MEDIA, INC. FL ACQUISITION CORP. AND FOCALEX, INC., Jonathan A. Lieberman and Seth W. Lieberman OCTOBER 7, 2004
Merger Agreement • October 13th, 2004 • Intermix Media, Inc. • Retail-record & prerecorded tape stores • California

This 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”).

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