0001299933-09-000150 Sample Contracts

TERMINATION OF AGREEMENT AND PLAN OF MERGER
Termination of Agreement and Plan of Merger • January 12th, 2009 • Landrys Restaurants Inc • Retail-eating places • Delaware

THIS TERMINATION OF AGREEMENT AND PLAN OF MERGER, dated as of January 11, 2009 (this “Agreement”), is by and among Fertitta Holdings, Inc., a Delaware corporation (“Parent”), Fertitta Acquisition Co., a Delaware corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), Tilman J. Fertitta (“Fertitta”), and Landry’s Restaurants, Inc., a Delaware corporation (the “Company”). All capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Merger Agreement.

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