0000097216-09-000132 Sample Contracts

UNDERWRITING AGREEMENT
Underwriting Agreement • June 3rd, 2009 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York
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Contract
Credit Agreement • June 3rd, 2009 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

AMENDMENT NO. 3 dated as of May 27, 2009 (this “Amendment”), to the CREDIT AGREEMENT dated as of July 14, 2006, as amended by AMENDMENT NO. 1 dated as of January 11, 2008 and AMENDMENT NO. 2 dated as of February 24, 2009 (as so amended, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, a limited company organized under the laws of England (the “U.K. Borrower”), TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY, a company organized under the laws of the Republic of Ireland (the “European Borrower”), TEREX MINING AUSTRALIA PTY LTD, a company organized under the laws of Australia and registered in New South Wales, Australia (the “Australian Borrower”), and TEREX ITALIA S.R.L., a company organized under the laws of the Republic of Italy (the “Italian Borrower” and, together with Terex, the U.K. Borrower, the European Borrower, and the Australian Borrower, the “Borrowers”), the Lenders (as defined in Article I of the Credit Agree

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