0001193125-18-150755 Sample Contracts

FIFTH AMENDMENT TO LEASE AGREEMENT
Lease Agreement • May 3rd, 2018 • FreightCar America, Inc. • Railroad equipment • Virginia

THIS FIFTH AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is made as of the 1st day of March, 2018 by and between NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation (the “Landlord”) and JOHNSTOWN AMERICA CORP, a Pennsylvania corporation (the “Tenant”).

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ASSIGNMENT AND ASSUMPTION OF LEASE
Assignment and Assumption of Lease • May 3rd, 2018 • FreightCar America, Inc. • Railroad equipment • Alabama

This Assignment and Assumption of Lease (this “Agreement”) is made as of the 28th day of February, 2018 by and between NAVISTAR, INC., a Delaware corporation having its principal address at 2701 Navistar Drive, Lisle, Illinois 60532 (“Assignor”) and FREIGHTCAR ALABAMA, LLC, a Delaware limited liability company, having its principal office at FreightCar Alabama, LLC, c/o FreightCar America, Inc., 2 North Riverside Plaza, Suite 1300, Chicago, Illinois 60606, Attn: General Counsel (“Assignee”).

ASSET PURCHASE AGREEMENT by and among NAVISTAR, INC., INTERNATIONAL TRUCK AND ENGINE INVESTMENTS CORPORATION, and FREIGHTCAR ALABAMA, LLC Dated February 26, 2018
Asset Purchase Agreement • May 3rd, 2018 • FreightCar America, Inc. • Railroad equipment • Illinois

This ASSET PURCHASE AGREEMENT (this “Agreement”) is entered into as of February 26, 2018, by and among Navistar, Inc., a Delaware corporation (“Navistar”), International Truck and Engine Investments Corporation, a Delaware corporation (“International Truck” and collectively with Navistar, “Seller”), and FreightCar Alabama, LLC, a Delaware limited liability company (“Buyer”). Seller and Buyer are referred to collectively herein as the “Parties” and each individually as a “Party”.

CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR THE REDACTED PORTIONS OF THIS AGREEMENT, WHICH ARE DENOTED BY ***. A COMPLETE COPY OF THIS AGREEMENT, INCLUDING THE REDACTED PORTIONS, HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION....
Industrial Facility Lease • May 3rd, 2018 • FreightCar America, Inc. • Railroad equipment • Alabama

INDUSTRIAL FACILITY LEASE (this “Lease”), dated as of September 29, 2011, by and between Teachers’ Retirement Systems of Alabama, an instrumentality of the State of Alabama, and Employees’ Retirement System of Alabama, an instrumentality of the State of Alabama (collectively, “Landlord”) and Navistar, Inc., a Delaware corporation (“Tenant”).

AMENDMENT TO INDUSTRIAL FACILITY LEASE AND CONSENT TO SUBLEASE
Industrial Facility Lease and Consent to Sublease • May 3rd, 2018 • FreightCar America, Inc. • Railroad equipment

THIS AMENDMENT TO INDUSTRIAL FACILITY LEASE AND CONSENT TO SUBLESE (this “Agreement”) is made and entered into effective as of February 19, 2013, by and among TEACHERS’ RETIREMENT SYSTEMS OF ALABAMA, an instrumentality of the State of Alabama, and EMPLOYEES’ RETIREMENT SYSTEM OF ALABAMA, an instrumentality of the State of Alabama (collectively, the “Landlord”), NAVISTAR, INC., a Delaware corporation (“Tenant”), and FreightCar Alabama, LLC, a Delaware limited liability company (“Subtenant”). Landlord, Tenant, and Subtenant are sometimes referred to herein collectively as the “Parties” and individually as a “Party.”

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