MERGER AGREEMENT Dated as of November 25, 2012 among FIAT INDUSTRIAL S.P.A., FIAT NETHERLANDS HOLDING N.V., CNH GLOBAL N.V. and FI CBM HOLDINGS N.V.Merger Agreement • November 26th, 2012 • Fiat Industrial S.p.A. • Construction machinery & equip
THIS MERGER AGREEMENT (this “Agreement”) is made and entered into as of November 25, 2012, among Fiat Industrial S.p.A. (“FI”), an Italian joint stock company (Società per Azioni), Fiat Netherlands Holding N.V. (“FNH”), a Dutch public limited liability company (naamloze vennootschap), CNH Global N.V. (“CNH”), a Dutch public limited liability company (naamloze vennootschap), and FI CBM Holdings N.V. (“DutchCo”), a Dutch public limited liability company (naamloze vennootschap). Except as otherwise expressly defined in this Agreement, all capitalized terms used in this Agreement shall have the meanings ascribed to them in Section 8.4.
