AGREEMENT AND PLAN OF MERGER by and among AVINTIV INC., BERRY PLASTICS GROUP, INC. BERRY PLASTICS ACQUISITION CORPORATION IX and BLACKSTONE CAPITAL PARTNERS (CAYMAN) V L.P., AS THE SECURITYHOLDER REPRESENTATIVE Dated as of July 30, 2015Merger Agreement • August 5th, 2015 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS AGREEMENT AND PLAN OF MERGER is made and entered into as of July 30, 2015 (this “Agreement”), by and among AVINTIV INC., a Delaware corporation (the “Company”), BERRY PLASTICS GROUP, INC., a Delaware corporation (“Parent”), BERRY PLASTICS ACQUISITION CORPORATION IX, a Delaware corporation (“Merger Sub”), and solely in its capacity as the Securityholder Representative (as defined below), BLACKSTONE CAPITAL PARTNERS (CAYMAN) V L.P., a Cayman Islands exempted limited partnership (“Securityholder Representative”).
