SECOND AMENDED AND RESTATED PARENT GUARANTEEParent Guarantee • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
SECOND AMENDED AND RESTATED GUARANTEE (the “Guarantee”), dated as of December 16, 2009, made by NAVISTAR INTERNATIONAL CORPORATION, a Delaware corporation (the “Guarantor”), in favor of JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for the lenders (the “Lenders”) parties to the Amended and Restated Credit Agreement, dated as of the date hereof (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Navistar Financial Corporation (the “US Borrower”) and Navistar Financial, S.A. de C.V., Sociedad Financiera de Objeto Multiple, Entidad No Regulada (the “Mexican Borrower”; together with the US Borrower, the “Borrowers”), the Lenders, Bank of America, N.A., as syndication agent, The Bank of Nova Scotia, as documentation agent, and the Administrative Agent.
INTERCREDITOR AGREEMENTIntercreditor Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution
THIS INTERCREDITOR AGREEMENT (this “Agreement”) is made this 16th day of December, 2009 (the “Closing Date”), by and among WELLS FARGO EQUIPMENT FINANCE, INC., a Minnesota corporation (the “Senior Lender”), DEUTSCHE BANK TRUST COMPANY AMERICAS, a New York banking corporation, acting individually and as trustee for the holders of the Junior Obligations (as defined herein) (the “Trustee”), JPMORGAN CHASE BANK, N.A. (in its capacity as Administrative Agent for the Lenders under the Credit Agreement (as such terms are defined below) (the “Administrative Agent”), and NAVISTAR FINANCIAL CORPORATION, a Delaware corporation (the “Company”).
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 16, 2009 among NAVISTAR FINANCIAL CORPORATION, and NAVISTAR FINANCIAL, S.A. DE C.V., SOCIEDAD FINANCIERA DE OBJETO MULTIPLE, ENTIDAD NO REGULADA as Borrowers The Lenders Party Hereto, JPMORGAN...Credit Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of December 16, 2009, among NAVISTAR FINANCIAL CORPORATION, a Delaware corporation (the “US Borrower”) and NAVISTAR FINANCIAL, S.A. DE C.V., SOCIEDAD FINANCIERA DE OBJETO MULTIPLE, ENTIDAD NO REGULADA, a Mexican corporation (the “Mexican Borrower”; together with the US Borrower, the “Borrowers”), the LENDERS party hereto, JPMORGAN CHASE BANK, N.A., as Administrative Agent, BANK OF AMERICA, N.A., as Syndication Agent, and THE BANK OF NOVA SCOTIA, as Documentation Agent.
SECOND AMENDED AND RESTATED PARENTS’ SIDE AGREEMENTParents’ Side Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
SECOND AMENDED AND RESTATED PARENTS’ SIDE AGREEMENT (this “Agreement”), dated as of December 16, 2009 by Navistar International Corporation, a Delaware corporation (the “Parent”), and Navistar, Inc. (formerly known as International Truck and Engine Corporation), a Delaware corporation (“International”), for the benefit of the Lenders from time to time party to the Credit Agreement referred to below.
NOTE PURCHASE AGREEMENT AMONG NAVISTAR FINANCIAL ASSET SALES CORP., NAVISTAR FINANCIAL CORPORATION, AND WELLS FARGO EQUIPMENT FINANCE, INC. DATED AS OF DECEMBER 16, 2009Note Purchase Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
This Note Purchase Agreement (this “Agreement”), dated as of December 16, 2009, is among NAVISTAR FINANCIAL ASSET SALES CORP., a Delaware corporation (“NFASC” or the “Seller”), NAVISTAR FINANCIAL CORPORATION, a Delaware corporation (“NFC”), in its capacity as Servicer under the Servicing Agreement (the “Servicer” and, together with the Seller, the “Seller Parties” and each a “Seller Party”), and WELLS FARGO EQUIPMENT FINANCE, INC. (the “the Purchaser”).
LOAN AND SECURITY AGREEMENT by and between WELLS FARGO EQUIPMENT FINANCE, INC. and NAVISTAR FINANCIAL CORPORATION dated as of December 16, 2009Loan and Security Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made as of December 16, 2009, by and between WELLS FARGO EQUIPMENT FINANCE, INC., a Minnesota corporation, its successors and assigns (“Lender”), and NAVISTAR FINANCIAL CORPORATION, a Delaware corporation, its successors and permitted assigns (“Borrower”).
SERVICING AGREEMENT BETWEEN WELLS FARGO EQUIPMENT FINANCE, INC. AND NAVISTAR FINANCIAL CORPORATION DATED AS OF DECEMBER 16, 2009Servicing Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
SERVICING AGREEMENT, dated as of December 16, 2009 (as it may be further amended, supplemented or modified in accordance with the terms hereof, this “Agreement”), between NAVISTAR FINANCIAL CORPORATION, a Delaware corporation (hereinafter, together with its successors and assigns, “NFC” or, in its capacity as servicer hereunder, the “Servicer”), and WELLS FARGO EQUIPMENT FINANCE, INC., a Minnesota corporation (“WFEFI”).
FIRST AMENDMENTSecurity, Pledge and Trust Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
First Amendment dated as of December 16, 2009 (this “First Amendment”) relates to the Amended and Restated Security, Pledge and Trust Agreement dated as of July 1, 2005 (as modified or supplemented from time to time, the “Security Agreement”), between Navistar Financial Corporation, a Delaware Corporation (“Navistar Financial”) and Deutsche Bank Trust Company Americas, a banking corporation duly organized and existing under the laws of the State of New York (the “Trustee”), acting individually and as trustee for the holders of the Secured Obligations.
NOTE SALE AGREEMENT BETWEEN NAVISTAR FINANCIAL ASSET SALES CORP. AND NAVISTAR FINANCIAL CORPORATION DATED AS OF DECEMBER 16, 2009Note Sale Agreement • December 18th, 2009 • Navistar Financial Corp • Miscellaneous business credit institution • New York
NOTE SALE AGREEMENT, dated as of December 16, 2009, between NAVISTAR FINANCIAL ASSET SALES CORP., a Delaware corporation (“NFASC”), and NAVISTAR FINANCIAL CORPORATION, a Delaware corporation (“NFC”).
