SENIOR SECURED NOTES INDENTURE Dated as of July 20, 2020 AmongSenior Secured Notes Indenture • July 24th, 2020 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • New York
Contract Type FiledJuly 24th, 2020 Company Industry JurisdictionINDENTURE, dated as of July 20, 2020, among Diebold Nixdorf Dutch Holding B.V., a private company with limited liability (besloten vennootschap met beperkte aansprakelijkheid) incorporated under Dutch law (the “Issuer”), Diebold Nixdorf, Incorporated, an Ohio corporation (the “Company”), the Subsidiary Guarantors listed on the signature pages hereto, Elavon Financial Services DAC, as paying agent, transfer agent and registrar, U.S. Bank National Association, as trustee (the “Trustee”), and U.S. Bank Trustees Limited, as notes collateral agent (the “Notes Collateral Agent”).
NINTH AMENDMENTCredit Agreement • July 24th, 2020 • DIEBOLD NIXDORF, Inc • Calculating & accounting machines (no electronic computers) • New York
Contract Type FiledJuly 24th, 2020 Company Industry JurisdictionSuch Applicable Margin shall be determined in accordance with the foregoing 2020 Pricing Schedule based on the Company’s Total Net Leverage Ratio as reflected in the most recent financial statements of the Company delivered pursuant to Section 6.1(i) or (ii) of the Credit Agreement. Adjustments, if any, to the Applicable Margin shall be effective on the date the Company delivers its financial statements pursuant to Section 6.1(i) and (ii). If the Company fails to deliver the financial statements required pursuant to Section 6.1(i) or (ii) at the time required, then the Applicable Margin shall be the highest Applicable Margin set forth in the foregoing 2020 Pricing Schedule until such financial statements are delivered;