SECOND SUPPLEMENTAL INDENTURESecond Supplemental Indenture • July 1st, 2014 • Oshkosh Corp • Motor vehicles & passenger car bodies • New York
SECOND SUPPLEMENTAL INDENTURE (this “Second Supplemental Indenture”) dated as of June 30, 2014, among Oshkosh Corporation, a Wisconsin corporation incorporated in January 1930 (“Oshkosh”), Oshkosh Corporation, a Wisconsin corporation incorporated in June 2014 (the “Company” or the “Issuer”), Oshkosh Defense, LLC, a Wisconsin limited liability company (the “Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”), under the Indenture referred to below.
PLAN OF MERGERPlan of Merger • July 1st, 2014 • Oshkosh Corp • Motor vehicles & passenger car bodies • Wisconsin
THIS PLAN OF MERGER is dated as of June 30, 2014, among Oshkosh Corporation, a Wisconsin corporation incorporated in January 1930 (“Oshkosh”), Oshkosh Corporation, a Wisconsin corporation incorporated in June 2014 and a direct, wholly-owned subsidiary of Oshkosh (“Oshkosh Holdings”), and Oshkosh Defense, LLC, a Wisconsin limited liability company and an indirect, wholly-owned subsidiary of Oshkosh (“Merger Sub”).
ASSUMPTION AND AMENDMENT AGREEMENTAssumption and Amendment Agreement • July 1st, 2014 • Oshkosh Corp • Motor vehicles & passenger car bodies
THIS ASSUMPTION AND AMENDMENT AGREEMENT, dated as of June 30, 2014 (this “Agreement”), among Oshkosh Corporation, a Wisconsin corporation incorporated in January 1930 (“OSK”), Oshkosh Corporation, a Wisconsin corporation incorporated in June 2014 (“Holdco”), OSHKOSH DEFENSE, LLC, a Wisconsin limited liability company (the “New Guarantor”) and Bank of America, N.A., as administrative agent (in such capacity, the “Administrative Agent”), is entered into pursuant to Section 11.22 of the Amended and Restated Credit Agreement, dated as of March 21, 2014 (the “Credit Agreement”), among OSK, various financial institutions (the “Lenders”) and the Administrative Agent. Capitalized terms defined in the Credit Agreement and not otherwise defined herein have the respective meanings ascribed to them in the Credit Agreement.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • July 1st, 2014 • Oshkosh Corp • Motor vehicles & passenger car bodies • New York
FIRST SUPPLEMENTAL INDENTURE (this “First Supplemental Indenture”) dated as of June 30, 2014, among Oshkosh Corporation, a Wisconsin corporation incorporated in January 1930 (“Oshkosh”), Oshkosh Corporation, a Wisconsin corporation incorporated in June 2014 (the “Company” or the “Issuer”), Oshkosh Defense, LLC, a Wisconsin limited liability company (the “Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”), under the Indenture referred to below.
