AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER by and among FOX & HOUND RESTAURANT GROUP, FOX ACQUISITION COMPANY and F&H FINANCE CORP. Dated as of January 17, 2006Agreement and Plan of Merger • January 18th, 2006 • Fox Acquisition Co • Retail-eating places • Delaware
This Amended and Restated Agreement and Plan of Merger (this “Agreement”) is made and entered into as of January 17, 2006, by and among Fox & Hound Restaurant Group, a Delaware corporation (the “Company”), Fox Acquisition Company, a Delaware corporation (“Purchaser”), and F&H Finance Corp., a Delaware corporation and wholly-owned subsidiary of Purchaser (“Merger Sub”), and solely for purposes of Section 8.15, Levine Leichtman Capital Partners III, L.P., a California limited partnership (the “Sponsor”). This Agreement supercedes, amends and entirely restates that Agreement and Plan of Merger dated December 29, 2005 (the “Original Agreement”) among the Company, Purchaser and Merger Sub.
