4. Plan of merger. A plan of merger must include:

A. The name of each domestic or foreign business or nonprofit corporation or unincorporated eligible entity that will merge and the name of the corporation or unincorporated eligible entity that will be the survivor of the merger;

B. The terms and conditions of the merger;

C. The manner and basis of converting the shares of each merging domestic or foreign business corporation, memberships of each domestic or foreign nonprofit corporation and eligible interests of each merging domestic or foreign unincorporated eligible entity into shares or other securities, memberships, eligible interests, obligations, rights to acquire shares, or other securities or interest eligible interests, cash or other property or any combination thereof;

D. The articles of incorporation of any domestic or foreign business or nonprofit corporation or the organic documents of any domestic or foreign unincorporated entity to be created by the merger or, if a new domestic or foreign business or nonprofit corporation or unincorporated entity is not to be created by the merger, any amendments to the survivor's articles of incorporation or organic documents; and

E. Any other provisions required by the laws under which any party to the merger is organized or by which it is governed, or by the articles of incorporation or organic documents of any such person.

5. Extrinsic facts. The terms Terms of the a plan of merger referred to in subsection 4, paragraphs B and C may be made dependent on upon facts ascertainable outside the plan of merger, as long as those facts are objectively ascertainable. For the purposes of this subsection, "facts" includes, but is not limited to, the occurrence of any event, including a determination or action by any person or body, including the corporation. outside the plan in accordance with section 121, subsection 10.

6. Amend plan prior to filing articles of merger. The plan of merger may also include a provision that the plan may be