0000950152-09-001806 Sample Contracts

BAXTER INTERNATIONAL INC. Debt Securities UNDERWRITING AGREEMENT
Underwriting Agreement • February 26th, 2009 • Baxter International Inc • Surgical & medical instruments & apparatus • New York

On behalf of the several Underwriters named in Schedule I hereto and for their respective accounts, we offer to purchase, on and subject to the terms and conditions of, and utilizing terms as defined in, the Underwriting Agreement Standard Provisions (Debt Securities) dated as of February 23, 2009 (“Standard Provisions”), which is attached hereto, the following securities (“Designated Securities”) on the following terms:

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4.000% SENIOR NOTES DUE 2014 FOURTH SUPPLEMENTAL INDENTURE between BAXTER INTERNATIONAL INC., as Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Dated as of February 26, 2009
Fourth Supplemental Indenture • February 26th, 2009 • Baxter International Inc • Surgical & medical instruments & apparatus • New York

FOURTH SUPPLEMENTAL INDENTURE, dated as of February 26, 2009 (the “Supplemental Indenture”), between Baxter International Inc., a Delaware corporation (the “Company”), and The Bank of New York Mellon Trust Company, N.A. (as successor in interest to J.P. Morgan Trust Company, National Association), as Trustee, under the Indenture, dated as of August 8, 2006 (the “Indenture”), between the Company and the Trustee.

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