0000950123-09-019197 Sample Contracts

AGREEMENT AND PLAN OF MERGER

Agreement and Plan of Merger • June 30th, 2009 • American Railcar Industries, Inc./De • Railroad equipment

• Contract Type
  Agreement and Plan of Merger
• Filed
  June 30th, 2009
• Company
  American Railcar Industries, Inc./De
• Industry
  Railroad equipment

AGREEMENT AND PLAN OF MERGER (“Agreement”) entered into this 26th day of June, 2009 by and between American Railcar Industries, Inc., a Delaware corporation (“Parent”), and American Railcar Industries, Inc., a North Dakota corporation (“Subsidiary” and, together with Parent, “Constituent Corporations”).

FIRST SUPPLEMENTAL INDENTURE

Supplemental Indenture • June 30th, 2009 • American Railcar Industries, Inc./De • Railroad equipment • New York

• Contract Type
  Supplemental Indenture
• Filed
  June 30th, 2009
• Company
  American Railcar Industries, Inc./De
• Industry
  Railroad equipment
• Jurisdiction
  New York

FIRST SUPPLEMENTAL INDENTURE, dated as of June 30, 2009 (this “Supplemental Indenture”), between AMERICAN RAILCAR INDUSTRIES, INC., a North Dakota corporation, as issuer (the “Company”) and Wilmington Trust Company, as trustee under the Indenture referred to below (the “Trustee”).