0001437749-09-001997 Sample Contracts

AGREEMENT AND PLAN OF MERGER
Merger Agreement • December 8th, 2009 • Energy Recovery, Inc. • Special industry machinery, nec • Michigan

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is entered into as of December __ , 2009 (the “Agreement Date”) by and among Energy Recovery, Inc., a Delaware corporation (“Parent”), CFE Acquisition Corporation, a Delaware Corporation, (“Sub”), Pump Engineering, LLC, a Michigan limited liability company (the “Company”), Roy Radakovich (the “Company Representative”), and, with respect only to Article X, U.S. Bank, National Corporation (the “Escrow Agent”).

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