0001193125-09-192166 Sample Contracts

AMENDED AND RESTATED JOINT VENTURE OPERATING AGREEMENT by and among CATERPILLAR INC., NAVISTAR, INC. and
Joint Venture Operating Agreement • September 15th, 2009 • Navistar International Corp • Motor vehicles & passenger car bodies • Delaware

This Amended and Restated Joint Venture Operating Agreement (this “Agreement”) is entered into as of September 9, 2009 (the “Effective Date”), by and among Caterpillar Inc., a corporation incorporated under the laws of the State of Delaware and having its principal place of business at 100 N.E. Adams Street, Peoria, Illinois 61629 (“Caterpillar”), Navistar, Inc., a corporation incorporated under the laws of the State of Delaware and having its principal place of business at 4201 Winfield Road, Warrenville, Illinois 60555 (“Navistar”) (each of Caterpillar and Navistar, a “Member” and collectively the “Members”), NC2 Global LLC, a limited liability company organized under the laws of the State of Delaware and having its principal place of business at 27501 Bella Vista Parkway, Warrenville, Illinois 60555 (the “Company”) (each of Caterpillar, Navistar, and the Company, a “Party” and collectively the “Parties”).

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