AGREEMENT AND PLAN OF MERGER by and among DIGITAL MUSIC GROUP, INC. DMGI NEW YORK, INC. and THE ORCHARD ENTERPRISES INC. DATED AS OF JULY 10, 2007Merger Agreement • July 16th, 2007 • Digital Music Group, Inc. • Patent owners & lessors • New York
Contract Type FiledJuly 16th, 2007 Company Industry JurisdictionIf any provision of this Release is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Release will remain in full force and effect. Any provision of this Release held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.