Agreement and plan of merger is a memorandum of understanding between two business entities wherein the entities agree to merge their respective businesses in order to form one entity and work towards a common goal. Along with the agreement to merge, they also negotiate and agree on merger plan wherein stages are defined for the merger along with benchmarks and measures to ascertain the success of the merger process and its outcomes.

An agreement and plan of merger is a very important and critical document instrumental in a successful merger and should contain all the aspects such as the date of merger, the structure of the new entity being formed, the managing board for the new entity, the constitution of the new company, the business and the targets for the new entity, the stages in which the merger would be completed, the remedies and provisions in case the employees not satisfied with the merger, the time in which the merger exercise is to be completed and other terms and conditions of the merger.

 

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