AGREEMENT AND PLAN OF MERGER Dated as of August 24, 2016 by and among BERRY PLASTICS GROUP, INC., BERRY PLASTICS CORPORATION, BERRY PLASTICS ACQUISITION CORPORATION XVI, BERRY PLASTICS ACQUISITION CORPORATION XV, LLC and AEP INDUSTRIES INC.Merger Agreement • August 26th, 2016 • Berry Plastics Group Inc • Plastics products, nec • New York
This AGREEMENT AND PLAN OF MERGER, dated as of August 24, 2016 (this “Agreement”), is entered into by and among BERRY PLASTICS GROUP, INC., a Delaware corporation (“Parent”), BERRY PLASTICS CORPORATION, a Delaware corporation and a direct, wholly owned Subsidiary of Parent (“Holdings”), BERRY PLASTICS ACQUISITION CORPORATION XVI, a Delaware corporation and a direct, wholly owned Subsidiary of Holdings (“Merger Sub”), BERRY PLASTICS ACQUISITION CORPORATION XV, LLC, a Delaware limited liability company and a direct, wholly owned Subsidiary of Holdings (“Merger Sub LLC”) and AEP INDUSTRIES INC., a Delaware corporation (the “Company”). Defined terms used herein have the meanings set forth in Section 8.14.
