0000950152-08-007698 Sample Contracts

GUARANTEE AGREEMENT
Guarantee Agreement • October 6th, 2008 • FreightCar America, Inc. • Railroad equipment

THIS GUARANTEE AGREEMENT dated as of September 30, 2008 (this “Guarantee”) is entered into by JAIX LEASING COMPANY, a Delaware corporation (the “Guarantor”), in favor of LASALLE BANK NATIONAL ASSOCIATION, a national banking association, as the administrative agent (in such capacity, the “Administrative Agent”) for certain financial institutions (each a “Lender”, and collectively the “Lenders”) from time to time party to the Credit Agreement (defined below).

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CREDIT AGREEMENT Dated as of September 30, 2008 among JAIX LEASING COMPANY, as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, The Other Lenders Party Hereto and BANC OF AMERICA SECURITIES LLC, as Sole Lead Arranger and Sole Book Manager
Credit Agreement • October 6th, 2008 • FreightCar America, Inc. • Railroad equipment • New York

This CREDIT AGREEMENT (“Agreement”) is entered into as of September 30, 2008, among JAIX LEASING COMPANY, a Delaware corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., a national banking association, as administrative agent (in such capacity and as more fully set forth in Section 1.01 herein, the “Administrative Agent”).

FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • October 6th, 2008 • FreightCar America, Inc. • Railroad equipment • Illinois
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