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PREAMBLE
This “Amended and Restated Plan for Settlement-
Company” sets forth the provisions of the parties’
settlement relating to Stones, Inc. (“Stones”) and
Stone Manufacturing Co. (“SMC”) (and their subsidiar-
ies) and amends and restates the Plan for Settlement
dated June 3, 1994 and the First Amendment dated as of
March 28, 1996 among the same parties.
I. EFFECT OF THE AMENDED PLAN
(a) Executed copies of this Amended and Restated
Plan for Settlement - Company and all docu-
ments specified herein (“Plan Documents”)
shall be placed in escrow with the Probate
Court and shall not be effective unless and
until they are released from escrow by the
Probate Court * * *.
II. COMPANY
A. GENERAL
Stones and SMC may be merged * * * provided
such merger does not violate the provisions
of any agreement for borrowed money to which
Stones or SMC is a party, but no merger is
required. In the event the merger does oc-
cur, any reference contained in this Amended
Plan to the “Company”, its Board, its offi-
cers, its shareholders, its Common Stock and
its obligations shall refer to the surviving
entity of the merger, its Board, its Nominat-
ing Committee, its officers, its sharehold-
ers, its Common Stock and its obligations.
In the event the merger does not occur and
Stones and SMC continue to exist as separate
entities, except to the extent otherwise
provided herein, any reference contained in
this Amended Plan to the “Company”, its
Board, its Nominating Committee, its offi-
cers, its shareholders, its Common Stock and
its obligations shall refer to each of Stones
and SMC separately, as to its own Board, its
Nominating Committee, its officers, its
shareholders, its Common Stock and its obli-
gations.
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