CONTRIBUTION AND EXCHANGE AGREEMENT Dated as of August 24, 2012 by and among ICAHN ENTERPRISES L.P., BECKTON CORP., BARBERRY CORP., High River Limited Partnership and Koala Holding LPContribution and Exchange Agreement • August 28th, 2012 • Icahn Enterprises L.P. • Motor vehicle parts & accessories • New York
Contract Type FiledAugust 28th, 2012 Company Industry JurisdictionTHIS CONTRIBUTION AND EXCHANGE AGREEMENT (this “Agreement”), dated as of August 24, 2012, is by and among Icahn Enterprises L.P., a Delaware limited partnership (“IEP”), Beckton Corp., a Delaware corporation (“Beckton”), Barberry Corp., a Delaware corporation (“Barberry”), High River Limited Partnership, a Delaware limited partnership (“High River”), and Koala Holding LP, a Delaware limited partnership (“Koala,” together with High River, the “Contributing Parties,” each a “Contributing Party”). Capitalized terms not otherwise defined herein have the meanings set forth in Article IX.