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

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 80 Section 9.02. Corporate Governmental Authorization; No Contravention 80 Section 9.03. Binding Effect 80 ARTICLE 10 GUARANTY Section 10.01. The Guaranty 80 Section 10.02. Guaranty Unconditional 81 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 81 Section 10.04. Waiver by the Company 82 Section 10.05. Subrogation 82 Section 10.06. Stay of Acceleration 82 Section 10.07. Additional Guarantors 82 Section 10.08. Linde GmbH Guarantee 83 Section 10.09. Release of Subsidiary Guarantees 84 ARTICLE 11 MISCELLANEOUS Section 11.01. Notices 84 Section 11.02. No Waivers 85 Section 11.03. Expenses; Indemnification 85 Section 11.04. Sharing of Set-offs 86 Section 11.05. Amendments and Waivers 86 Section 11.06. Successors and Assigns 88 Section 11.07. [Reserved] 90 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 90 Section 11.09. Integration 90 Section 11.10. Treatment of Certain Information; Confidentiality 91 Section 11.11. Severability 91 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 92 Section 11.13. Collateral 92 Section 11.14. Judgment Currency 92 Section 11.15. Patriot Act and Beneficial Ownership Regulation Notice 92 Section 11.16. No Advisory or Fiduciary Responsibility 93 Section 11.17. Electronic Execution; Electronic Records, Counterparts. 93 Section 11.18. Certain ERISA Matters 94 Pricing 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 – Notice of Committed Borrowing Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – [Reserved] CREDIT AGREEMENT CREDIT AGREEMENT dated as of December 6, 2023 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 606357, the Subsidiary Borrowers (as defined herein), certain Subsidiary Guarantors (as defined herein), the Lenders, the Swingline 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 80 Section 9.02. Corporate Governmental Authorization; No Contravention 80 Section 9.03. Binding Effect 80 81 ARTICLE 10 GUARANTY Section 10.01. The Guaranty 80 81 Section 10.02. Guaranty Unconditional 81 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 81 82 Section 10.04. Waiver by the Company 82 Section 10.05. Subrogation 82 Section 10.06. Stay of Acceleration 82 Section 10.07. Additional Guarantors 82 Section 10.08. Linde GmbH Guarantee 83 Section 10.09. Release of Subsidiary Guarantees 84 ARTICLE 11 MISCELLANEOUS Section 11.01. Notices 84 Section 11.02. No Waivers 85 Section 11.03. Expenses; Indemnification 85 Section 11.04. Sharing of Set-offs 86 Section 11.05. Amendments and Waivers 86 Section 11.06. Successors and Assigns 88 87 Section 11.07. [Reserved] 90 89 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 90 89 Section 11.09. Integration 90 Section 11.10. Treatment of Certain Information; Confidentiality 91 90 Section 11.11. Severability 91 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 92 91 Section 11.13. Collateral 92 Section 11.14. Judgment Currency 92 Section 11.15. Patriot Act and Beneficial Ownership Regulation Notice 92 Section 11.16. No Advisory or Fiduciary Responsibility 93 92 Section 11.17. Electronic Execution; Electronic Records, Counterparts. Counterparts 93 Section 11.18. Certain ERISA Matters 94 93 Pricing 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 – Notice of Committed Borrowing [Reserved] Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – [Reserved] Exhibit M – Form of Successor Borrower Assumption Agreement CREDIT AGREEMENT CREDIT AGREEMENT dated as of December 67, 2023 2022 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 606357602527, the Subsidiary Borrowers (as defined herein), certain Subsidiary Guarantors (as defined herein), the Lenders, the Swingline 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 80 88 Section 9.02. Corporate Governmental Authorization; No Contravention 80 89 Section 9.03. Binding Effect 80 89 ARTICLE 10 GUARANTY Section 10.01. The Guaranty 80 89 Section 10.02. Guaranty Unconditional 81 90 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 81 90 Section 10.04. Waiver by the Company 82 90 Section 10.05. Subrogation 82 90 Section 10.06. Stay of Acceleration 82 90 Section 10.07. Additional Guarantors 82 91 Section 10.08. Linde GmbH Guarantee 83 Section 10.09. Release of Subsidiary Guarantees 84 92 ARTICLE 11 MISCELLANEOUS Section 11.01. Notices 84 92 Section 11.02. No Waivers 85 93 Section 11.03. Expenses; Indemnification 85 93 Section 11.04. Sharing of Set-offs 86 94 Section 11.05. Amendments and Waivers 86 94 Section 11.06. Successors and Assigns 88 96 Section 11.07. [Reserved] 90 98 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 90 98 Section 11.09. Integration 90 99 Section 11.10. Treatment of Certain Information; Confidentiality 91 99 Section 11.11. Severability 91 99 Section 11.12. Acknowledgement and Consent to Bail-In of Affected Financial Institutions 92 100 Section 11.13. Collateral 92 100 Section 11.14. Judgment Currency 92 100 Section 11.15. Patriot Act and Beneficial Ownership Regulation Notice 92 101 Section 11.16. No Advisory or Fiduciary Responsibility 93 101 Section 11.17. Electronic Execution; Electronic Records, Counterparts. 93 Counterparts 101 Section 11.18. Certain ERISA Matters 94 102 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 – Notice of Committed Borrowing Extension Agreement Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – [Reserved] Letter of Credit Report Exhibit M – Form of Successor Borrower Assumption Agreement AMENDED AND RESTATED CREDIT AGREEMENT AMENDED AND RESTATED CREDIT AGREEMENT dated as of December 67, 2023 2022 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 606357602527, 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:

Representations and Warranties of Subsidiary Borrowers. Section 9.01. Existence and Power 80 82 Section 9.02. Corporate Governmental Authorization; No Contravention 80 82 Section 9.03. Binding Effect 80 83 ARTICLE 10 GUARANTY Section 10.01. The Guaranty 80 83 Section 10.02. Guaranty Unconditional 81 83 Section 10.03. Discharge Only upon Payment in Full; Reinstatement in Certain Circumstances 81 84 Section 10.04. Waiver by the Company 82 84 Section 10.05. Subrogation 82 84 Section 10.06. Stay of Acceleration 82 84 Section 10.07. Additional Guarantors 82 84 Section 10.08. Linde GmbH Guarantee 83 Section 10.09. Release of Subsidiary Guarantees 84 86 ARTICLE 11 MISCELLANEOUS Section 11.01. Notices 84 86 Section 11.02. No Waivers 85 87 Section 11.03. Expenses; Indemnification 85 87 Section 11.04. Sharing of Set-offs 86 88 Section 11.05. Amendments and Waivers 86 88 Section 11.06. Successors and Assigns 88 89 Section 11.07. [Reserved] 90 92 Section 11.08. Governing Law; Submission to Jurisdiction; Waiver of Jury Trial 90 92 Section 11.09. Counterparts; Integration 90 92 Section 11.10. Treatment of Certain Information; Confidentiality 91 92 Section 11.11. Severability 91 93 Section 11.12. Acknowledgement and Consent to Bail-In of Affected EEA Financial Institutions 92 93 Section 11.13. Collateral 92 94 Section 11.14. Judgment Currency 92 94 Section 11.15. Patriot Act and Beneficial Ownership Regulation Notice 92 94 Section 11.16. No Advisory or Fiduciary Responsibility 93 94 Section 11.17. Electronic Execution; Electronic Records, Counterparts. 93 Execution of Assignments and Certain Other Documents 95 Section 11.18. Certain ERISA Matters 94 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 – Notice of Committed Borrowing Extension Agreement Exhibit J – Additional Guarantor Supplement Exhibit K – Election to Terminate a Subsidiary Guarantee Exhibit L – [Reserved] CREDIT AGREEMENT CREDIT AGREEMENT dated as of December 6March 26, 2023 2019 (this “Agreement”) among Linde plc, a public limited company incorporated under the laws of Ireland with registered number 606357602527, 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: