AMENDMENT NO. 4 AND CONSENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 10th, 2007 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
This AMENDMENT NO.4 (this “Amendment”) is entered into as of April 27, 2007, by and among BUCYRUS INTERNATIONAL, INC., a corporation organized under the laws of the State of Delaware (“Bucyrus”), MINSERCO, INC., a corporation organized under the laws of the State of Delaware (“Minserco”), and BOONVILLE MINING SERVICES, INC., a corporation organized under the laws of the State of Delaware (“Boonville”) (Bucyrus, Minserco and Boonville, each a “Borrower” and collectively, the “Borrowers”), BUCYRUS CANADA LIMITED, a corporation organized under the laws of the Province of Ontario (“Bucyrus Canada” and a “Guarantor”), the financial institutions set forth on the signature pages hereto (each a “Lender” and collectively, “Lenders”), GMAC COMMERCIAL FINANCE LLC, a limited liability company organized under the laws of the State of Delaware (“GMAC CF”), as administrative agent and collateral agent for the Lenders (GMAC CF, in such capacities, the “Agent”) and as sole lead arranger, JPMORGAN CHASE
