0001193125-06-010892 Sample Contracts

AGREEMENT AND PLAN OF MERGER among ALBERTSON’S, INC., NEW ALOHA CORPORATION, NEW DIAMOND SUB, INC., SUPERVALU INC., and EMERALD ACQUISITION SUB, INC. Dated as of January 22, 2006
Merger Agreement • January 24th, 2006 • Supervalu Inc • Wholesale-groceries & related products • Delaware

This AGREEMENT AND PLAN OF MERGER, dated as of January 22, 2006 (this “Agreement”), is entered into by and among SUPERVALU INC., a Delaware corporation (“Parent”), Emerald Acquisition Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Acquisition Sub”), Albertson’s, Inc., a Delaware corporation (the “Company”), New Aloha Corporation, a Delaware corporation and a wholly owned subsidiary of the Company (“New Diamond”), and New Diamond Sub, Inc., a Delaware corporation and a wholly owned subsidiary of New Diamond (“New Diamond Merger Sub”).

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