NAVISTAR INTERNATIONAL CORPORATION AND CONSOLIDATED SUBSIDIARIES INSTRUMENTS DEFINING RIGHTS OF SECURITY HOLDERS, INCLUDING INDENTURES
EXHIBIT
4 | ||
NAVISTAR
INTERNATIONAL CORPORATION
AND
CONSOLIDATED SUBSIDIARIES
INSTRUMENTS
DEFINING RIGHTS OF SECURITY HOLDERS,
INCLUDING
INDENTURES | ||
The
following instruments of Navistar International Corporation and its
principal subsidiary International Truck and Engine Corporation, and its
principal subsidiary Navistar Financial Corporation defining the rights of
security holders are incorporated herein by reference. | ||
4.1 |
Credit
Agreement for $820,000,000 Revolving Credit and Competitive Advance
Facility dated as of December 8, 2000, between Navistar Financial
Corporation, Arrendadora Financiera Navistar, S.A. de C.V., Servicios
Financieros Navistar, S.A. de C.V. and Navistar Comercial, S.A. de C.V.,
as borrowers, lenders party hereto, The Chase Manhattan Bank as
Administrative Agent, Bank of America as Syndication Agent and Bank of
Nova Scotia as Documentation Agent. Filed as Exhibit 10.05 to Navistar
Financial Corporation's Form 10-Q dated March 15, 2001. Commission File
No. 1-4146-1. | |
4.2 |
Guarantee,
dated as of December 8, 2000, made by Navistar International Corporation,
in favor of The Chase Manhattan Bank, as Administrative Agent, for the
lenders parties to the Credit Agreement, dated as of December 8, 2000,
among Navistar Financial Corporation and Arrendadora Financiera Navistar,
S.A. de C.V., Servicios Financieros Navistar, S.A. de C.V. and Navistar
Comercial, S.A. de C.V., the Lenders, Bank of America, N.A., as
syndication agent, The Bank of Nova Scotia, as documentation agent, and
the Administrative Agent. Filed as Exhibit 10.07 to Navistar Financial
Corporation’s Form 10-Q dated March 15, 2001. Commission File No.
1-4146-1. | |
4.3 |
Indenture,
dated as of May 31, 2001, by and between Navistar International
Corporation, International Truck and Engine Corporation and BNY Midwest
Trust Company, as Trustee, for 9 3/8%
Senior Notes due 2006 for $400,000,000. Filed on Registration No.
333-64626 as Exhibit 4.3. | |
4.4 |
Note
Purchase Agreement, dated as of June 15, 2001, as amended from time to
time, between International Truck and Engine Corporation and the State of
Wisconsin Investment Board for 9.95% Senior Notes due 2011 for
$19,000,000. The Registrant agrees to furnish to the Commission upon
request a copy of such agreement, which it has elected not to file under
the provisions of Regulation 601(b)(4)(iii). | |
4.5 |
555,000,000
Mexican Peso Credit Agreement dated as of July 25, 2001, as restructured
as of May 14, 2004, by and among Servicios Financieros Navistar, S.A. de
C.V., Arrendadora Financiera Navistar, S.A. de C.V., Navistar Comercial,
S.A. de C.V. and Banco Nacional de Obras y Servicios Publicos, S.N.C.
The
Registrant agrees to furnish to the Commission upon request a copy of such
agreement which it has elected not to file under the provisions of
Regulation 601(b)(4)(iii). | |
4.6 |
First
Supplement to Indenture, dated as of August 22, 2001, by and among
Navistar International Corporation, International Truck and Engine
Corporation and BNY Midwest Trust Company, as Trustee, for 9 3/8%
Senior Notes due 2006 for $400,000,000. Filed as Exhibit 4.19 to Annual
Report on Form 10-K dated December 18, 2001. Commission File No.
1-9618. | |
E-2 |
EXHIBIT
4 (continued) | ||
NAVISTAR
INTERNATIONAL CORPORATION
AND
CONSOLIDATED SUBSIDIARIES
INSTRUMENTS
DEFINING RIGHTS OF SECURITY HOLDERS,
INCLUDING
INDENTURES | ||
4.7 |
$40,000,000
Revolving Credit Agreement dated as of August 26, 2004, by and among
Arrendadora Financiera Navistar, S.A. de C.V. and Servicios Financieros
Navistar, S.A. de C.V. and Export Development Canada. The Registrant
agrees to furnish to the Commission upon request a copy of such agreement,
which it has elected not to file under the provisions of Regulation
601(b)(4)(iii). | |
4.8 |
100,000,000
Mexican Peso Revolving Credit Agreement dated as of August 10, 2004, by
and among Arrendadora
Financiera Navistar, S.A. de C.V. and Servicios Financieros Navistar, S.A.
de C.V. and
Comerica Xxxx Xxxxxx, S.A. The
Registrant agrees to furnish to the Commission upon request a copy of such
agreement which it has elected not to file under the provisions of
Regulation 601(b)(4)(iii). | |
4.9 |
120,000,000
Mexican Peso Revolving Credit Agreement dated as of February 27, 2002, by
and between Arrendadora
Financiera Navistar, S.A. de C.V., as borrower, and Nacional Financiera,
S.N.C., as lender. The
Registrant agrees to furnish to the Commission upon request a copy of such
agreement which it has elected not to file under the provisions of
Regulation 601(b)(4)(iii). | |
4.10 |
120,000,000
Mexican Peso Revolving Credit Agreement dated as of February 27, 2002, by
and between Servicios Financieros Navistar,
S.A. de C.V., as borrower, and Nacional Financiera, S.N.C., as lender.
The
Registrant agrees to furnish to the Commission upon request a copy of such
agreement which it has elected not to file under the provisions of
Regulation 601(b)(4)(iii). | |
4.11 |
Navistar
International Corporation Restated Stock Certificate filed as Exhibit 4.20
to Form 10-Q dated March 11, 2002. Commission File No.
1-9618. | |
4.12 |
Indenture,
dated as of March 25, 2002, by and among Navistar Financial Corporation,
Navistar International Corporation and BNY Midwest Trust Company, as
Trustee, for Navistar Financial Corporation’s 4.75% Subordinated
Exchangeable Notes due 2009 for $220,000,000. Filed as Exhibit 4.1 to Form
S-3 dated May 7, 2002. Registration No. 333-87716. | |
4.13 |
Registration
Rights Agreement, dated as of March 25, 2002, by and among Navistar
Financial Corporation, Navistar International Corporation, Xxxxxxx Xxxxx
Xxxxxx, Inc. and Banc of America Securities, LLC. Filed as Exhibit 4.2 to
Form S-3 dated May 7, 2002. Registration No. 333-87716. | |
E-3 |
EXHIBIT
4 (continued) | |||
NAVISTAR
INTERNATIONAL CORPORATION
AND
CONSOLIDATED SUBSIDIARIES
INSTRUMENTS
DEFINING RIGHTS OF SECURITY HOLDERS,
INCLUDING
INDENTURES | |||
4.14 |
170,000,000
Mexican Peso Revolving Credit Agreement dated as of May 12, 2004, by and
among Servicios Financieros Navistar, S.A. de C.V., as borrower and Ixe
Banco, S.A., as lender. The Registrant agrees to furnish to the Commission
upon request a copy of such agreement which it has elected not to file
under the provisions of Regulation 601 (b)(4)(iii). | ||
4.15 |
$8,000,000
Revolving Credit Agreement dated as of September 29, 2003 and as amended
on November 17, 2004, by and between Servicios Financieros Navistar, S.A.
de C.V, as borrower and HSBC Mexico, S.A. (f/k/a Banco Internacional,
S.A.), as lender. The Registrant agrees to furnish to the Commission upon
request a copy of such agreement which it has elected not to file under
the provisions of Regulation 601 (b)(4)(iii). | ||
4.16 |
80,000,000
Mexican Peso Revolving Credit Agreement dated as of September 3, 2003, by
and between Servicios Financieros Navistar, S.A. de C.V., as borrower and
Banco Invex, S.A., as lender. The Registrant agrees to furnish to the
Commission upon request a copy of such agreement which it has elected not
to file under the provisions of Regulation 601
(b)(4)(iii). | ||
4.17 |
200,000,000
Mexican Peso Revolving Credit Agreement dated as of October 16, 2002, and
ratified on October 29, 2003, by and among Servicios Financieros Navistar,
S.A. de C.V. and Arrendadora Financiera Navistar, S.A. de C.V., as
borrowers and Scotiabank Inverlat, S.A., as lender. The Registrant agrees
to furnish to the Commission upon request a copy of such agreement which
it has elected not to file under the provisions of Regulation 601
(b)(4)(iii). | ||
4.18 |
Registration
Rights Agreement, dated as of November 8, 2002, by and between Navistar
International Corporation and the Investors party thereto. Filed as
Exhibit 4.3 to Form S-3 dated December 6, 2002. Registration No.
333-101684. | ||
4.19 |
Indenture,
dated as of December 16, 2002, by and among Navistar International
Corporation, International Truck and Engine Corporation and BNY Midwest
Trust Company, as Trustee, for Navistar International Corporation’s 2.50%
Senior Convertible Notes due 2007 for $190,000,000. Filed as Exhibit 4.3
to Form S-3 dated February 25, 2003. Registration No.
333-103437. | ||
4.20 |
Registration
Rights Agreement, dated as of December 16, 2002, by and between Navistar
International Corporation and Credit Suisse First Boston Corporation.
Filed as Exhibit 4.2 to Form S-3 dated February 25, 2003. Registration No.
333-103437. | ||
4.21 |
$3,000,000
Revolving Credit Agreement dated as of September 29, 2003, and as amended
on November 17, 2004, by and between Arrendadora Financiera Navistar, S.A.
de C.V., as borrower and HSBC Mexico S.A. (f/k/a Banco Internacional,
S.A.), as lender. The Registrant agrees to furnish to the Commission upon
request a copy of such agreement which it has elected not to file under
the provisions of Regulation 601 (b)(4)(iii). | ||
E-4 | |||
EXHIBIT
4 (continued) | |||
NAVISTAR
INTERNATIONAL CORPORATION
AND
CONSOLIDATED SUBSIDIARIES
INSTRUMENTS
DEFINING RIGHTS OF SECURITY HOLDERS,
INCLUDING
INDENTURES | |||
4.22 |
100,000,000
Mexican Peso Revolving Credit Agreement dated as of December 11, 2003, by
and between Arrendadora Financiera Navistar, S.A. de C.V., as borrower,
and Nacional Financiera, S.N.C., as lender. The Registrant agrees to
furnish to the Commission upon request a copy of such agreement which it
has elected not to file under the provisions of Regulation 601
(b)(4)(iii). | ||
4.23 |
100,000,000
Mexican Peso Revolving Credit Agreement dated as of December 11, 2003, by
and between Servicios Financieros Navistar, S.A. de C.V., as borrower, and
Nacional Financiera, S.N.C., as lender. The Registrant agrees to furnish
to the Commission upon request a copy of such agreement which it has
elected not to file under the provisions of Regulation 601
(b)(4)(iii). | ||
4.24 |
First
Amendment to the Credit
Agreement for $820,000,000 Revolving Credit and Competitive Advance
Facility dated as of December 8, 2000, between Navistar Financial
Corporation, Arrendadora Financiera Navistar, S.A. de C.V., Servicios
Financieros Navistar, S.A. de C.V. and Navistar Comercial, S.A. de C.V.,
as borrowers, lenders party thereto, The Chase Manhattan Bank as
Administrative Agent, Bank of America as Syndication Agent and Bank of
Nova Scotia as Documentation Agent. Filed as Exhibit 3.2 to Navistar
Financial Corporation’s Form 10-Q dated and filed March 8, 2004.
Commission File No. 001-04146. | ||
4.25 |
$50,000,000
Mexican Peso Revolving Credit Agreement dated as of November 24, 2004,
between Servicios Financieros Navistar, S.A. de C.V., as borrower and
Banco Mercantil del Norte, S.A., as lender. The Registrant agrees to
furnish to the Commission upon request a copy of such agreement which it
has elected not to file under the provisions of Regulation 601
(b)(4)(iii). | ||
4.26 |
$50,000,000
Mexican Peso Revolving Credit Agreement dated as of June 3, 2004, between
Servicios Financieros Navistar, S.A. de C.V., as borrower and Banco del
Bajio, S.A., as lender. The Registrant agrees to furnish to the Commission
upon request a copy of such agreement which it has elected not to file
under the provisions of Regulation 601 (b)(4)(iii). | ||
4.27 |
$25,000,000
Mexican Peso Revolving Credit Agreement dated as of June 3, 2004, between
Arrendadora Financiera Navistar, S.A. de C.V., as borrower and Banco del
Bajio, S.A., as lender. The Registrant agrees to furnish to the Commission
upon request a copy of such agreement which it has elected not to file
under the provisions of Regulation 601 (b)(4)(iii). | ||
4.28 |
$50,000,000
Mexican Peso Revolving Credit Agreements dated as of June 11, 2004,
between Servicios Financieros Navistar, S.A. de C.V., and Arrendadora
Financiera Navistar, S.A. de C.V as borrowers and Banco Ve por Más, S.A.,
as lender. The Registrant agrees to furnish to the Commission upon request
a copy of such agreements which it has elected not to file under the
provisions of Regulation 601 (b)(4)(iii). | ||
E-5 |
EXHIBIT
4 (continued) | |||
NAVISTAR
INTERNATIONAL CORPORATION
AND
CONSOLIDATED SUBSIDIARIES
INSTRUMENTS
DEFINING RIGHTS OF SECURITY HOLDERS,
INCLUDING
INDENTURES | |||
4.29 |
Indenture,
dated as of June 2, 2004, by and among Navistar International Corporation,
International Truck and Engine Corporation and BNY Midwest Trust Company,
as Trustee, for 7 1/2% Senior Notes due 2011 for $250,000,000. Filed as
Exhibit 4.1 to Current Report on Form 8-K dated June 4, 2004. Commission
File No. 1-9618. | ||
4.30 |
First
Supplement to Indenture, dated as of June 2, 2004, by and among Navistar
International Corporation, International Truck and Engine Corporation and
BNY Midwest Trust Company, as Trustee, for 7 1/2% Senior Notes due 2011
for $250,000,000. Filed
as Exhibit 4.2 to Current Report on Form 8-K dated June 4, 2004.
Commission File No. 1-9618. | ||
4.31 |
Second
Supplement to Indenture, dated as of June 2, 2004, by and among Navistar
International Corporation, International Truck
and Engine Corporation and BNY Midwest Trust Company, as Trustee, for 9
3/8% Senior Notes due 2006 for $400,000,000. Filed as Exhibit 4.3 to
Current Report on Form 8-K dated June 4, 2004. Commission File No.
1-9618. | ||
4.32 |
First
Supplement to Indenture, dated as of June 11, 2004, by and among Navistar
Financial Corporation, Navistar International Corporation and BNY Midwest
Trust Company, as Trustee, for Navistar Financial Corporation's 4.75%
Subordinated Exchangeable Notes due 2009 for
$220,000,000. | ||
The
following documents of Navistar International Corporation and its
affiliates are filed herewith: | |||
4.34 |
Indenture,
dated as of March 2, 2005, by and among Navistar International
Corporation, International Truck and Engine Corporation and The Bank of
New York Trust Company, as Trustee, for its 6¼% Senior Notes due 2012 for
$400,000,000. The Notes were sold in a Rule 144A private unregistered
offering and pursuant to Regulation S for transactions outside the United
States. | ||
4.35 |
Registration
Rights Agreement, dated as of March 2, 2005, by and among, Navistar
International Corporation, Banc of America Securities LLC , Citigroup
Global Markets Inc., X.X. Xxxxxx Securities Inc., Credit Suisse First
Boston LLC, Scotia Capital (USA) Inc., BNY Capital Markets, Inc. and RBC
Capital Markets Corporation. | ||
Instruments
defining the rights of holders of other unregistered long-term debt of
Navistar and its subsidiaries have been omitted from this exhibit index
because the amount of debt authorized under any such instrument does not
exceed 10% of the total assets of the Registrant and its consolidated
subsidiaries. The Registrant agrees to furnish a copy of any such
instrument to the Commission upon request. | |||
E-6 |