0001193125-08-120698 Sample Contracts

FORM OF AGREEMENT AND PLAN OF MERGER by and among ESSAR STEEL HOLDINGS LIMITED, THE ENTITY DESIGNATED AS PURCHASER and ESMARK INCORPORATED Dated

Agreement and Plan of Merger • May 22nd, 2008 • Esmark INC • Steel works, blast furnaces & rolling mills (coke ovens) • Delaware

• Contract Type
  Agreement and Plan of Merger
• Filed
  May 22nd, 2008
• Company
  Esmark INC
• Industry
  Steel works, blast furnaces & rolling mills (coke ovens)
• Jurisdiction
  Delaware

AGREEMENT AND PLAN OF MERGER (hereinafter referred to as this “Agreement”), dated [—], 2008, by and among ESSAR STEEL HOLDINGS LIMITED, a company incorporated in Mauritius (the “Parent”), the entity designated pursuant to Section 6.11 (the “Purchaser”), and ESMARK INCORPORATED, a Delaware corporation (the “Company”).

MEMORANDUM OF AGREEMENT

Memorandum of Agreement • May 22nd, 2008 • Esmark INC • Steel works, blast furnaces & rolling mills (coke ovens)

• Contract Type
  Memorandum of Agreement
• Filed
  May 22nd, 2008
• Company
  Esmark INC
• Industry
  Steel works, blast furnaces & rolling mills (coke ovens)

MEMORANDUM OF AGREEMENT (hereinafter referred to as this “Memorandum”), dated April 30, 2008 (the “Effective Date”), by and among ESSAR STEEL HOLDINGS LTD (the “Parent”) and ESMARK INCORPORATED (the “Company”, and together with the Parent, the “Parties”, and each individually, a “Party”).