SUPPLEMENTAL SUPPORT AGREEMENT
Exhibit 10.1
Execution Version
SUPPLEMENTAL SUPPORT AGREEMENT
SUPPLEMENTAL SUPPORT AGREEMENT, dated as of September 27, 2013 (this “Agreement”), by and among CNH Global N.V., a Netherlands corporation (“Global”), FI CBM Holdings N.V. (to be renamed CNH Industrial N.V. upon or after the effectiveness of the Merger referred to below), a Netherlands corporation (“Industrial”), and CNH Capital LLC, a Delaware limited liability company (“CNHC”).
1. Defined Terms. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Support Agreement.
2. Assumption of Obligations; Successor Substituted. Industrial hereby expressly assumes, confirms and agrees to perform and observe, effective as of the CNH Effective Time (as defined in the Merger Agreement), all of the obligations, covenants, agreements, terms, conditions, duties and liabilities of Global under the Support Agreement, with the same force and effect as if Industrial had originally been a party thereto. Industrial shall, from and after the CNH Effective Time, succeed to, and be substituted for, and may exercise every right and power of, Global under the Support Agreement.
3. General.
(a) Confirmation. Except as expressly supplemented hereby, the provisions of the Support Agreement shall remain in full force and effect.
(b) Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York.
(c) Successors and Assigns. This Agreement shall be binding upon, and shall inure to the benefit of, Industrial and CNHC and their respective successors and assigns.
(d) Counterparts. The parties hereto may sign multiple counterparts of this Agreement. Each signed counterpart shall be deemed an original, but all of them together represent one and the same instrument.
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CNH GLOBAL N.V. | |
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By: |
/s/ Xxxxxx Xxxxxx |
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Name: |
Xxxxxx Xxxxxx |
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Title: |
Treasurer |
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FI CBM Holdings N.V. | |
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By: |
/s/ Xxxxxxx Xxxxx |
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Name: |
Xxxxxxx Xxxxx |
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Title: |
Corporate Secretary |
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By: |
/s/ Xxxxxxx XxxXxxx |
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Name: |
Xxxxxxx XxxXxxx |
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Title: |
Chief Financial Officer |
[Supplemental Support Agreement]