AGREEMENT AND PLAN OF MERGER BY AND AMONG BASIN WATER, INC., BW ACQUISITION MERGER SUB, INC., BASIN WATER – MPT, INC., MOBILE PROCESS TECHNOLOGY, CO., THE STOCKHOLDERS LISTED ON SCHEDULE A HERETO, AND THE STOCKHOLDERS’ REPRESENTATIVE AUGUST 31, 2007Agreement and Plan of Merger • September 5th, 2007 • Basin Water, Inc. • Water supply • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”) entered into this 31st day of August 2007 by and among Basin Water, Inc., a Delaware corporation (the “Parent”), BW Acquisition Merger Sub, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“Merger Sub”), Basin Water—MPT, Inc., a Delaware corporation and a direct wholly-owned subsidiary of Parent (“NewCo,” and together with Merger Sub and Parent, the “Parent Parties”), the Stockholders listed on Schedule A hereto (together the “Stockholders”), Mobile Process Technology, Co., an Arkansas corporation (the “Company”), and the Stockholders’ Representative (as defined in Section 3.09 hereof). Parent, Merger Sub, NewCo, Stockholders, Stockholders’ Representative and the Company are referred to collectively herein as the “Parties.”
