0001279569-07-001469 Sample Contracts

AGREEMENT AND PLAN OF MERGER BY AND AMONG THE TORONTO-DOMINION BANK CARDINAL MERGER CO. AND COMMERCE BANCORP, INC. DATED AS OF OCTOBER 2, 2007
Merger Agreement • October 11th, 2007 • Toronto Dominion Bank • Commercial banks, nec • New York

This AGREEMENT AND PLAN OF MERGER, dated as of October 2, 2007 (as amended, supplemented or otherwise modified from time to time, this “Agreement”), is entered into by and among The Toronto-Dominion Bank, a Canadian chartered bank (“Parent”), Cardinal Merger Co., a New Jersey corporation and an indirect wholly-owned subsidiary of Parent (“Merger Sub”) and Commerce Bancorp, Inc., a New Jersey corporation (the “Company”).

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