0001193125-08-208610 Sample Contracts

AGREEMENT AND PLAN OF MERGER by and between Wells Fargo & Company and Wachovia Corporation Dated as of October 3, 2008
Agreement and Plan of Merger • October 9th, 2008 • Wachovia Corp New • National commercial banks • New York

AGREEMENT AND PLAN OF MERGER, dated as of October 3, 2008 (this “Agreement”), by and between Wachovia Corporation, a North Carolina corporation (“Company”), and Wells Fargo & Company, a Delaware corporation (“Parent”).

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AMENDMENT TO SHAREHOLDER PROTECTION RIGHTS AGREEMENT
Shareholder Protection Rights Agreement • October 9th, 2008 • Wachovia Corp New • National commercial banks • North Carolina

AMENDMENT, dated as of October 3, 2008 (this “Amendment”), to the Shareholder Protection Rights Agreement, dated as of December 19, 2000, as amended (the “Rights Agreement”), between Wachovia Corporation (formerly named First Union Corporation) (the “Company”), and Wachovia Bank, National Association (formerly named First Union National Bank) (the “Rights Agent”).

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