0001193125-11-101712 Sample Contracts

AGREEMENT and PLAN OF MERGER by and among NYSE EURONEXT THE NASDAQ OMX GROUP, INC. INTERCONTINENTALEXCHANGE, INC. and [MERGER SUB] Dated as of [ ], 2011

Merger Agreement • April 19th, 2011 • Intercontinentalexchange Inc • Security & commodity brokers, dealers, exchanges & services • Delaware

• Contract Type
  Merger Agreement
• Filed
  April 19th, 2011
• Company
  Intercontinentalexchange Inc
• Industry
  Security & commodity brokers, dealers, exchanges & services
• Jurisdiction
  Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of [ ], 2011, is by and among NYSE Euronext, a Delaware corporation (“NYSE Euronext”), The NASDAQ OMX Group, Inc., a Delaware corporation (“NASDAQ OMX”), IntercontinentalExchange, Inc., a Delaware corporation (“ICE”, and together with NASDAQ OMX, the “Parents”), and [MERGER SUB], a newly-formed Delaware corporation all of the capital stock of which is owned by NASDAQ OMX and ICE (“Merger Sub”). NYSE Euronext, NASDAQ OMX, ICE and Merger Sub are referred to collectively herein as the “Parties” and each individually as a “Party”.