Common use of Representations and Warranties of Subsidiary Borrowers Clause in Contracts

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 88 Section 9.02. Corporate Governmental Authorization; No Contravention 89 Section 9.03. Binding Effect 89 Section 10.01. The Guaranty 89 Section 10.02. Guaranty Unconditional 90 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 90 Section 10.04. Waiver by the Company 90 Section 10.05. Subrogation 90 Section 10.06. Stay of Acceleration 90 Section 10.07. Additional Guarantors 91 Section 10.08. Release of Subsidiary Guarantees 92 Section 11.01. Notices 92 Section 11.02. No Waivers 93 Section 11.03. Expenses; Indemnification 93 Section 11.04. Sharing of Set-offs 94 Section 11.05. Amendments and Waivers 94 Section 11.06. Successors and Assigns 96 Section 11.07. [Reserved] 98 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 98 Section 11.09. Integration 99 Section 11.10. Treatment of Certain Information; Confidentiality 99 Section 11.11. Severability 99 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 100 Section 11.13. Collateral 100 Section 11.14. Judgment Currency 100 Section 11.15. Patriot Act Notice 101 Section 11.16. No Advisory or Fiduciary Responsibility 101 Section 11.17. Electronic Execution; Electronic Records, Counterparts 101 Section 11.18. Certain ERISA Matters 102 Section 11.19. Amendment and Restatement 103 Pricing Schedule Approved LC Currency Schedule Commitment Schedule Notices Schedule Exhibit A – Note Exhibit B – Competitive Bid Quote Request Exhibit C – Invitation for Competitive Bid Quotes Exhibit D – Competitive Bid Quote Exhibit E – Election to Participate Exhibit F – Election to Terminate Exhibit G – Opinion of Counsel for a Subsidiary Borrower Exhibit H – Assignment and Assumption Exhibit I – Extension Agreement Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – Letter of Credit Report Exhibit M – Form of Successor Borrower Assumption Agreement AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 7, 2022 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 602527, the Subsidiary Borrowers (as defined herein), the Lenders, the Swingline Lenders, the Issuing Lenders and Bank of America, N.A., as Administrative Agent. The parties hereto agree as follows:

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 88 80 Section 9.02. Corporate Governmental Authorization; No Contravention 89 80 Section 9.03. Binding Effect 89 81 Section 10.01. The Guaranty 89 81 Section 10.02. Guaranty Unconditional 90 81 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 90 82 Section 10.04. Waiver by the Company 90 82 Section 10.05. Subrogation 90 82 Section 10.06. Stay of Acceleration 90 82 Section 10.07. Additional Guarantors 91 82 Section 10.08. Release of Subsidiary Guarantees 92 84 Section 11.01. Notices 92 84 Section 11.02. No Waivers 93 85 Section 11.03. Expenses; Indemnification 93 85 Section 11.04. Sharing of Set-offs 94 86 Section 11.05. Amendments and Waivers 94 86 Section 11.06. Successors and Assigns 96 87 Section 11.07. [Reserved] 98 89 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 98 89 Section 11.09. Integration 99 90 Section 11.10. Treatment of Certain Information; Confidentiality 99 90 Section 11.11. Severability 99 91 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 100 91 Section 11.13. Collateral 100 92 Section 11.14. Judgment Currency 100 92 Section 11.15. Patriot Act Notice 101 92 Section 11.16. No Advisory or Fiduciary Responsibility 101 92 Section 11.17. Electronic Execution; Electronic Records, Counterparts 101 93 Section 11.18. Certain ERISA Matters 102 Section 11.19. Amendment and Restatement 103 93 Pricing Schedule Approved LC Currency Schedule Commitment Schedule Notices Schedule Exhibit A – Note Exhibit B – Competitive Bid Quote Request Exhibit C – Invitation for Competitive Bid Quotes Exhibit D – Competitive Bid Quote Exhibit E – Election to Participate Exhibit F – Election to Terminate Exhibit G – Opinion of Counsel for a Subsidiary Borrower Exhibit H – Assignment and Assumption Exhibit I – Extension Agreement [Reserved] Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – Letter of Credit Report [Reserved] Exhibit M – Form of Successor Borrower Assumption Agreement AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 7, 2022 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 602527, the Subsidiary Borrowers (as defined herein), the Lenders, the Swingline Lenders, the Issuing Lenders and Bank of America, N.A., as Administrative Agent. The parties hereto agree as follows:

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 88 82 Section 9.02. Corporate Governmental Authorization; No Contravention 89 82 Section 9.03. Binding Effect 89 83 Section 10.01. The Guaranty 89 83 Section 10.02. Guaranty Unconditional 90 83 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 90 84 Section 10.04. Waiver by the Company 90 84 Section 10.05. Subrogation 90 84 Section 10.06. Stay of Acceleration 90 84 Section 10.07. Additional Guarantors 91 84 Section 10.08. Release of Subsidiary Guarantees 92 86 Section 11.01. Notices 92 86 Section 11.02. No Waivers 93 87 Section 11.03. Expenses; Indemnification 93 87 Section 11.04. Sharing of Set-offs 94 88 Section 11.05. Amendments and Waivers 94 88 Section 11.06. Successors and Assigns 96 89 Section 11.07. [Reserved] 98 92 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 98 92 Section 11.09. Counterparts; Integration 99 92 Section 11.10. Treatment of Certain Information; Confidentiality 99 92 Section 11.11. Severability 99 93 Section 11.12. Acknowledgement and Consent to Bail-In of Affected EEA Financial Institutions 100 93 Section 11.13. Collateral 100 94 Section 11.14. Judgment Currency 100 94 Section 11.15. Patriot Act Notice 101 94 Section 11.16. No Advisory or Fiduciary Responsibility 101 94 Section 11.17. Electronic Execution; Electronic Records, Counterparts 101 Execution of Assignments and Certain Other Documents 95 Section 11.18. Certain ERISA Matters 102 Section 11.19. Amendment and Restatement 103 95 Pricing Schedule Approved LC Currency Schedule Commitment Schedule Notices Schedule Exhibit A – Note Exhibit B – Competitive Bid Quote Request Exhibit C – Invitation for Competitive Bid Quotes Exhibit D – Competitive Bid Quote Exhibit E – Election to Participate Exhibit F – Election to Terminate Exhibit G – Opinion of Counsel for a Subsidiary Borrower Exhibit H – Assignment and Assumption Exhibit I – Extension Agreement Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – Letter of Credit Report Exhibit M – Form of Successor Borrower Assumption Agreement AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 7March 26, 2022 2019 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 602527, the Subsidiary Borrowers (as defined herein), the Lenders, the Swingline Lenders, the Issuing Lenders and Bank of America, N.A., as Administrative Agent. The parties hereto agree as follows:

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 88 80 Section 9.02. Corporate Governmental Authorization; No Contravention 89 80 Section 9.03. Binding Effect 89 80 Section 10.01. The Guaranty 89 80 Section 10.02. Guaranty Unconditional 90 81 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 90 81 Section 10.04. Waiver by the Company 90 82 Section 10.05. Subrogation 90 82 Section 10.06. Stay of Acceleration 90 82 Section 10.07. Additional Guarantors 91 82 Section 10.08. Linde GmbH Guarantee 83 Section 10.09. Release of Subsidiary Guarantees 92 84 Section 11.01. Notices 92 84 Section 11.02. No Waivers 93 85 Section 11.03. Expenses; Indemnification 93 85 Section 11.04. Sharing of Set-offs 94 86 Section 11.05. Amendments and Waivers 94 86 Section 11.06. Successors and Assigns 96 88 Section 11.07. [Reserved] 98 90 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 98 90 Section 11.09. Integration 99 90 Section 11.10. Treatment of Certain Information; Confidentiality 99 91 Section 11.11. Severability 99 91 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 100 92 Section 11.13. Collateral 100 92 Section 11.14. Judgment Currency 100 92 Section 11.15. Patriot Act and Beneficial Ownership Regulation Notice 101 92 Section 11.16. No Advisory or Fiduciary Responsibility 101 93 Section 11.17. Electronic Execution; Electronic Records, Counterparts 101 Counterparts. 93 Section 11.18. Certain ERISA Matters 102 Section 11.19. Amendment and Restatement 103 94 Pricing Schedule Approved LC Currency Schedule Commitment Schedule Notices Schedule Exhibit A – Note Exhibit B – Competitive Bid Quote Request Exhibit C – Invitation for Competitive Bid Quotes Exhibit D – Competitive Bid Quote Exhibit E – Election to Participate Exhibit F – Election to Terminate Exhibit G – Opinion of Counsel for a Subsidiary Borrower Exhibit H – Assignment and Assumption Exhibit I – Extension Agreement Notice of Committed Borrowing Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – Letter of Credit Report Exhibit M – Form of Successor Borrower Assumption Agreement AMENDED AND RESTATED [Reserved] CREDIT AGREEMENT dated as of December 76, 2022 2023 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 602527606357, the Subsidiary Borrowers (as defined herein), certain Subsidiary Guarantors (as defined herein), the Lenders, the Swingline Lenders, the Issuing Lenders and Bank of America, N.A., as Administrative Agent. The parties hereto agree as follows: