0001216596-10-000046 Sample Contracts

PLAN OF MERGER
Merger Agreement • December 6th, 2010 • Nortek Inc • Electric housewares & fans • Minnesota

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as December 3, 2010, is by and among (i) Ergotron, Inc., a Minnesota corporation (the “Company”), (ii) Mark Moxness and Mark J. Nettesheim, in their capacity as the Seller Representatives, (iii) Nortek, Inc., a Delaware corporation (“Parent”), and (iv) Eagan Acquisition Corporation, a Minnesota corporation and a wholly owned subsidiary of Parent (“Merger Sub”).

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