STOCKHOLDERS AGREEMENT between BUCYRUS INTERNATIONAL, INC. and TEREX CORPORATION Dated as of February 19, 2010Stockholders Agreement • February 22nd, 2010 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
THIS STOCKHOLDERS AGREEMENT (this “Agreement”) is entered into as of February 19, 2010, between Bucyrus International, Inc., a Delaware corporation (the “Company”), and Terex Corporation, a Delaware corporation (the “Shareholder”). Any capitalized term not otherwise defined herein shall have the meaning set forth in Article IV hereof.
EQUITY AGREEMENT between TEREX CORPORATION and BUCYRUS INTERNATIONAL, INC. dated as of January 15, 2010Equity Agreement • February 22nd, 2010 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
EQUITY AGREEMENT (this “Agreement”), dated as of January 15, 2010, by and between Terex Corporation, a corporation organized under the laws of the State of Delaware (“Terex”), and Bucyrus International, Inc., a corporation organized under the laws of the State of Delaware (“Bucyrus”). Terex and Bucyrus are referred to collectively in this Agreement as the “Parties”. Capitalized terms not otherwise defined herein are used as defined in the ASPA (as defined below).
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND INCREMENTAL AMENDMENT Dated as of February 17, 2010Credit Agreement • February 22nd, 2010 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 25, 2007, as amended as of August 7, 2007, as further amended as of December 19, 2008, as further amended as of February 17, 2010 and as may be further amended, supplemented, or modified from time to time in accordance with the terms hereof, among BUCYRUS INTERNATIONAL, INC., a Delaware corporation (the “Borrower”), each Foreign Borrower (as hereinafter defined) from time to time party to this Agreement, the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), J.P. MORGAN SECURITIES INC., BANC OF AMERICA SECURITIES LLC and MACQUARIE CAPITAL (USA) INC., as joint lead arrangers and joint bookrunners (in such capacity, the “Arrangers”), JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”), BANK OF AMERICA, N.A. and MACQUARIE CAPITAL (USA) INC., as co-syndication agents (in such capacities, the “Syndication Agents”), and
ASSET AND STOCK PURCHASE AGREEMENT among TEREX CORPORATION and BUCYRUS INTERNATIONAL, INC. dated as of December 20, 2009Asset and Stock Purchase Agreement • February 22nd, 2010 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
This ASSET AND STOCK PURCHASE AGREEMENT, dated as of December 20, 2009, by and between Terex Corporation, a company organized under the laws of Delaware (“Seller Parent”), and Bucyrus International, Inc., a company organized under the laws of Delaware (“Buyer”).
