FreightCar America, Inc Uses in Establishment of the Plan Clause

Establishment of the Plan from Amended and Restated

Establishment of the Plan. The Company has established and maintains this FreightCar America, Inc. Executive Severance Plan, as amended from time to time. The Plan provides severance benefits to certain eligible executives of the Company as designated from time to time by the Plan Administrator and set forth on Appendix A hereto (the Executives), subject to the terms and conditions of the Plan. No individuals other than the Executives shall be eligible to receive any severance benefits under the Plan. Severance benefits for the Executives will be determined exclusively under the Plan. The Plan, as set forth herein, is an employee welfare benefit plan within the meaning of ERISA Section 3(1), and the Company intends that the Plan be administered in accordance with the applicable requirements of ERISA and the regulations under ERISA. This Plan document, including the information provided in Appendix B hereto, is also the summary plan description of the Plan.

Establishment of the Plan from Severance Plan

Establishment of the Plan. The Company hereby establishes the FreightCar America, Inc. Executive Severance Plan. The Plan provides severance benefits to certain eligible executives of the Company as designated from time to time by the Plan Administrator and set forth on Appendix A hereto (the Executives), subject to the terms and conditions of the Plan. No individuals other than the Executives shall be eligible to receive any severance benefits under the Plan. Severance benefits for the Executives will be determined exclusively under the Plan. The Plan, as set forth herein, is an employee welfare benefit plan within the meaning of ERISA Section 3(1), and the Company intends that the Plan be administered in accordance with the applicable requirements of ERISA and the regulations under ERISA. This Plan document, including the information provided in Appendix B hereto, is also the summary plan description of the Plan.