0001521536-11-000539 Sample Contracts

WAIVER TO AGREEMENT AND PLAN OF MERGER
Waiver to Agreement and Plan of Merger • December 20th, 2011 • Landrys Restaurants Inc • Retail-eating places

This Waiver to Agreement and Plan of Merger (this “Waiver”) is dated as of December 19, 2011, by and among Landry’s, Inc., a Delaware corporation (“Parent”), Landry’s MSA Co., Inc., a Delaware corporation (“Acquisition Sub”), and McCormick & Schmick’s Seafood Restaurants, Inc., a Delaware corporation (the “Company”). Capitalized terms used herein and not otherwise defined herein shall have the respective meanings set forth for such terms in the Merger Agreement (as hereinafter defined).

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