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