0000097216-16-000400 Sample Contracts

TEREX CORPORATION and HSBC BANK USA, NATIONAL ASSOCIATION, as Trustee WAIVER AGREEMENT Dated as of September 30, 2016 to THIRD SUPPLEMENTAL INDENTURE Dated as of March 27, 2012 to Senior Debt Indenture dated as of July 20, 2007 Between TEREX...
Waiver Agreement • October 5th, 2016 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

WAIVER AND AGREEMENT (this “Waiver Agreement”), dated as of September 30, 2016, between TEREX CORPORATION, a Delaware corporation (the “Company”), and HSBC BANK USA, NATIONAL ASSOCIATION, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee”).

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Credit Agreement • October 5th, 2016 • Terex Corp • Industrial trucks, tractors, trailors & stackers • New York

AMENDMENT NO. 2 dated as of September 30, 2016 (this “Amendment”), to the CREDIT AGREEMENT dated as of August 13, 2014 (as amended, supplemented or otherwise modified prior to the date hereof, the “Credit Agreement”), among TEREX CORPORATION, a Delaware corporation (“Terex”), NEW TEREX HOLDINGS UK LIMITED, with company number 02962659, a limited company organized under the laws of England, TEREX INTERNATIONAL FINANCIAL SERVICES COMPANY, with company number 327184, a company organized under the laws of Ireland (the “European Borrower”), and TEREX AUSTRALIA PTY LTD (ACN 010 671 048), a company organized under the laws of Australia and registered in Queensland, Australia, the Lenders (as defined in Article I of the Credit Agreement), the Issuing Banks (as defined in Article I of the Credit Agreement) and CREDIT SUISSE AG, as administrative agent (in such capacity, the “Administrative Agent”) and as collateral agent (in such capacity, the “Collateral Agent”) for the Lenders.

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