SECOND AMENDMENT Dated as of December 19, 2008Second Amendment • March 2nd, 2009 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
This SECOND AMENDMENT (this “Amendment”) is among BUCYRUS INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), each other Loan Party (as defined in the Credit Agreement (as defined below)), each Foreign Borrower (as defined in the Credit Agreement), each of the Lenders (as defined in the Credit Agreement) party hereto, LEHMAN COMMERCIAL PAPER INC., a debtor in possession under chapter 11, title 11 of the United States Code (the “Bankruptcy Code”), as existing administrative agent for the Lenders (in such capacity, the “Existing Administrative Agent”), JPMORGAN CHASE BANK, N.A. as successor administrative agent for the Lenders (in such capacity, the “Successor Administrative Agent”), J.P. MORGAN EUROPE LIMITED as successor German agent for the Lenders (in such capacity, the “Successor German Agent”) each Swing Line Lender (as defined in the Credit Agreement) party hereto and each Issuing Lender (as defined in the Credit Agreement) party hereto. Capitalized terms used herein wit
