AGREEMENT AND PLAN OF MERGER BY AND AMONG FORTUNE BRANDS, INC., TRES ACQUISITION CO., TRES INVESTMENT COMPANY AND THE OTHER PARTIES HERETO DATED AS OF FEBRUARY 21, 2006Merger Agreement • February 22nd, 2006 • Fortune Brands Inc • Heating equip, except elec & warm air; & plumbing fixtures • New York
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of February 21, 2006, by and among Fortune Brands, Inc., a Delaware corporation (“Parent”), Tres Acquisition Co., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), Tres Investment Company, a West Virginia corporation (the “Company”), and the Holders Representative. Parent, Merger Sub, the Company and, solely with respect to Articles X and XI, the Holders Representative, are referred to collectively herein as the “Parties”.
