Common use of Special Mandatory Redemption Clause in Contracts

Special Mandatory Redemption. If (i) the Company does not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation on or prior to November 16, 2026 (or such later date to which the Agreement and Plan of Merger setting forth the terms of the Masimo Acquisition as in effect on the closing date of this offering (the “Merger Agreement”) may be extended in accordance with its terms), (ii) the Merger Agreement is terminated prior to such date, or (iii) the Company otherwise notifies the trustee of the Notes that it will not pursue the consummation of the Masimo Acquisition, the Company will be required to redeem, in whole and not in part, the Fixed Rate Notes on the special mandatory redemption date at a redemption price equal to 101% of the aggregate principal amount of the Fixed Rate Notes outstanding, plus accrued and unpaid interest from the date of initial issuance, or the most recent date to which interest has been paid or duly provided for, whichever is later, to, but excluding, the special mandatory redemption date. See “Description of Notes—Special Mandatory Redemption” in the Preliminary Prospectus Supplement.

Special Mandatory Redemption. If (a) In the event that (i) the Company does Acquisition is not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation consummated on or prior to November 16the later of (1) January 27, 2026 2025 (the “Outside Date”) or such (2) the date that is five Business Days after any later date to which the parties to the Acquisition Agreement and Plan of Merger setting forth may agree to extend the terms of Outside Date in the Masimo Acquisition as in effect on the closing date of this offering Agreement (the “Merger AgreementSpecial Mandatory Redemption End Date”) may be extended in accordance with its terms), or (ii) the Merger Agreement is terminated prior to such date, or (iii) Company notifies the Trustee under the Indenture that the Company otherwise notifies the trustee of the Notes that it will not pursue the consummation of the Masimo AcquisitionAcquisition (any such event, a “Special Mandatory Redemption Event”), then the Company will be required to redeemredeem all of the outstanding 2027 Notes, in whole 2029 Notes and not in part, 2031 Notes (the Fixed Rate Notes on the special mandatory redemption date “Special Mandatory Redemption”) at a redemption price equal to 101% of the aggregate principal amount of the Fixed Rate Notes outstandingsuch Notes, plus accrued and unpaid interest from the date of initial issuanceinterest, or the most recent date to which interest has been paid or duly provided for, whichever is laterif any, to, but excludingnot including, the special mandatory redemption date. See “Description of Notes—Special Mandatory Redemption” Redemption Date (subject to the right of Holders of such Notes of record on the relevant record date to receive interest due on an Interest Payment Date falling prior to the Special Mandatory Redemption Date) (the “Special Mandatory Redemption Price”). Unless the Company defaults in payment of the Preliminary Prospectus SupplementSpecial Mandatory Redemption Price, on and after such Special Mandatory Redemption Date, interest will cease to accrue on such Notes to be redeemed.

Special Mandatory Redemption. If The 2035 Notes will be subject to a “special mandatory redemption” in the event that (i) the Company does not consummate Company’s pending acquisition of Purposeful Foods Holdings, Inc., the proposed acquisition parent company of Simple ▇▇▇▇▇, Inc. (the “Masimo Simple ▇▇▇▇▇ Acquisition”) of Masimo Corporation is not consummated on or prior to November 16the later of (x) April 7, 2026 2025 (or as such later date to which the Agreement and Plan of Merger setting forth the terms of the Masimo Acquisition as in effect on the closing date of this offering (the “Merger Agreement”) may be extended in accordance with its terms)the Merger Agreement (as defined in Exhibit A) to October 7, 2025) (the “Termination Date”) or (y) the date that is five business days after any later date to which the parties to the Merger Agreement may agree to extend the Termination Date in the Merger Agreement, or (ii) the Merger Agreement is terminated prior to such date, or (iii) the Company otherwise notifies the trustee of the Notes Series Trustee in writing that it will not pursue the consummation of the Masimo Simple ▇▇▇▇▇ Acquisition. If a special mandatory redemption event occurs, the Company will be required to redeem, in whole and not in part, redeem the Fixed Rate outstanding 2035 Notes on at the “special mandatory redemption date at a redemption price price” equal to 101% of the aggregate principal amount of the Fixed Rate Notes outstanding, thereof plus accrued and unpaid interest from the date of initial issuance, or the most recent date to which interest has been paid or duly provided for, whichever is later, to, but excluding, the special mandatory redemption date. See , as described in the Form of Note attached hereto as Exhibit A under “Description of Notes—Special Mandatory Redemption” in the Preliminary Prospectus Supplement.”

Special Mandatory Redemption. (a) If (i) the Company consummation of the Acquisition does not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation occur on or prior to November 16before December 31, 2026 2021 (or such later date if the end date is extended pursuant to which the Agreement and Plan of Merger setting forth the terms of the Masimo Acquisition as in effect on the closing date of this offering Agreement) (the “Merger AgreementEnd Date”) may be extended in accordance with its terms), or (ii) the Merger Agreement is terminated prior Issuer delivers a notice to such date, or (iii) the Company otherwise notifies the trustee of the Notes Trustee stating it has determined that it will not pursue the consummation of the Masimo AcquisitionAcquisition will not occur on or before the End Date (the earlier of the date of delivery of such notice and the End Date, the Company “Acquisition Deadline”), the Issuer will be required to redeem, in whole and not in part, redeem all of the Fixed Rate Notes issued on the special mandatory redemption Issue Date (the “Special Mandatory Redemption”). The Special Mandatory Redemption will be required to occur by a date no later than ten days after the Acquisition Deadline, upon three days’ notice (the “Special Mandatory Redemption Date”) and at a redemption price equal to 101100% of the aggregate principal amount of the Fixed Rate Notes outstandingNotes, plus accrued and unpaid interest from on the date of initial issuanceNotes being redeemed, or the most recent date to which interest has been paid or duly provided for, whichever is laterif any, to, but excluding, the special mandatory redemption date. See “Description of Notes—Special Mandatory Redemption” in Redemption Date. (b) Subject to Section 6(a) hereof, upon the Preliminary Prospectus Supplementoccurrence of the closing of the Acquisition, the foregoing provisions regarding the Special Mandatory Redemption will cease to apply.

Special Mandatory Redemption. (a) If (i1) the Company consummation of the Acquisition does not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation occur on or prior to November 16before July 31, 2026 2021 (or such later date to which if the Agreement and Plan of Merger setting forth end date is extended under the terms of the Masimo Acquisition as in effect on the closing date of this offering Agreement) (the “Merger AgreementEnd Date”) may be extended in accordance with its terms), (ii) the Merger Agreement is terminated prior to such date, or (iii2) the Company otherwise notifies delivers a notice to the trustee of the Notes Trustee stating it has determined that it will not pursue the consummation of the Masimo AcquisitionAcquisition will not occur on or before the End Date (the earlier of the date of delivery of such notice and the End Date, the “Acquisition Deadline”), the Company will be required to redeem, in whole and not in part, redeem all of the Fixed Rate Notes issued on the special mandatory redemption Issue Date (the “Special Mandatory Redemption”). The Special Mandatory Redemption will be required to occur by a date no later than ten days after the Acquisition Deadline, upon three days’ notice (the “Special Mandatory Redemption Date”) and at a redemption price equal to 101100% of the aggregate principal amount of the Fixed Rate Notes outstandingNotes, plus accrued and unpaid interest from on the date of initial issuanceNotes being redeemed, or the most recent date to which interest has been paid or duly provided for, whichever is laterif any, to, but excluding, the special mandatory redemption date. See “Description of Notes—Special Mandatory Redemption” in Redemption Date. (b) Subject to Section 6(a) hereof, upon the Preliminary Prospectus Supplementoccurrence of the closing of the Acquisition, the foregoing provisions regarding the Special Mandatory Redemption will cease to apply.

Special Mandatory Redemption. If The 2055 Notes will be subject to a “special mandatory redemption” in the event that (i) the Company does Simple ▇▇▇▇▇ Acquisition is not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation consummated on or prior to November 16the later of (x) April 7, 2026 2025 (or as such later date to which the Agreement and Plan of Merger setting forth the terms of the Masimo Acquisition as in effect on the closing date of this offering (the “Merger Agreement”) may be extended in accordance with its terms)the Merger Agreement (as defined in Exhibit B) to October 7, 2025) (the Termination Date) or (y) the date that is five business days after any later date to which the parties to the Merger Agreement may agree to extend the Termination Date in the Merger Agreement, or (ii) the Merger Agreement is terminated prior to such date, or (iii) the Company otherwise notifies the trustee of the Notes Series Trustee in writing that it will not pursue the consummation of the Masimo Simple ▇▇▇▇▇ Acquisition. If a special mandatory redemption event occurs, the Company will be required to redeem, in whole and not in part, redeem the Fixed Rate outstanding 2055 Notes on at the “special mandatory redemption date at a redemption price price” equal to 101% of the aggregate principal amount of the Fixed Rate Notes outstanding, thereof plus accrued and unpaid interest from the date of initial issuance, or the most recent date to which interest has been paid or duly provided for, whichever is later, to, but excluding, the special mandatory redemption date. See , as described in the Form of Note attached hereto as Exhibit B under “Description of Notes—Special Mandatory Redemption” in the Preliminary Prospectus Supplement.”

Special Mandatory Redemption. If (i) The Company intends to use the Company does net proceeds from this offering to pay a portion of the consideration of its Merger with Bucyrus, to refinance existing indebtedness of Bucyrus and its subsidiaries and to pay certain fees and expenses relating to the Merger as described under the heading “Use of Proceeds” in the Final Prospectus Supplement. The closing of this offering is expected to occur prior to the completion of the Merger. The Notes will be subject to a special mandatory redemption in the event the Merger is not consummate the proposed acquisition (the “Masimo Acquisition”) of Masimo Corporation consummated on or prior to November 16June 30, 2026 (2012, or such later date if prior to which the Agreement and Plan of Merger setting forth the terms of the Masimo Acquisition as in effect on the closing date of this offering (the “Merger Agreement”) may be extended in accordance with its terms)June 30, (ii) 2012, the Merger Agreement governing the Merger is terminated prior to (each such dateevent, or (iii) the Company otherwise notifies the trustee of a “redemption event”). In such an event, the Notes that it will not pursue the consummation of the Masimo Acquisition, the Company will be required to redeem, in whole and not in part, the Fixed Rate Notes on the redeemed at a special mandatory redemption date at a redemption price equal to 101% of the aggregate principal amount of the Fixed Rate Notes outstanding, thereof plus accrued and unpaid interest from the date of initial issuance, or the most recent date to which interest has been paid or duly provided for, whichever is later, toto but excluding the redemption date. If such a redemption event occurs, but excludingthe Company is required to give written notice, within five business days after the occurrence of such redemption event, to the Trustee, and the registered holders of the notes, specifying the special mandatory redemption date, which shall be the earlier to occur of (1) June 30, 2012 if the Merger has not been completed on or prior to June 30, 2012 or (2) the 30th day (or if such day is not a business day, the first business day thereafter) following the termination of the Merger Agreement. See “Description The Company will be obligated to pay the redemption price in accordance with the rules of Notes—Special Mandatory Redemption” in the Preliminary Prospectus Supplementdepository for the Notes on the special mandatory redemption date.