Plan and Agreement of Merger

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This Plan and Agreement of Merger sets out all terms and conditions which must be met before two companies can merge. It also specifies the name of the merged company.

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This Plan and Agreement of Merger is the definitive agreement between two corporations who desire to merge into one. It contains provisions regarding: i) pending and subsequent actions the parties would be obligated to perform; ii) how all stock will converted, issued and delivered; and how employment agreements will be adopted by the new corporation, as well as all stock option plans. It also sets forth representations and warranties of each corporation and how the new corporation will be organized and capitalized.

This Plan and Agreement of Merger contains the following:
  • Parties: Sets forth the name of the companies who desire to merge;
  • Merger/Effective Date: Sets out the name of the new company and effective date of merger, as well as rights, privileges and powers granted to the new company;
  • Employee Plans: Specifies the stock option, employment agreements or other agreements which will be assumed by the new company;
  • Representations and Warranties: Spells out the warranties and representations of both companies in regard to validity, capitalization and any pending litigation;
  • Conditions Prior to Closing: Specifies the conditions which must be met prior to the closing of this merger transaction;
  • Signatures: This document must be signed by representatives of both companies and attested by the company secretary.

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This attorney-prepared packet contains:
  1. General Information
  2. Instructions and Checklist
  3. Plan and Agreement of Merger
State Law Compliance: This form complies with the laws of all states
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.
Number of Pages17
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#43682
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.

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