CREDIT AGREEMENT (364-Day Facility) Dated as of September 17, 2009 Among CATERPILLAR INC., CATERPILLAR FINANCIAL SERVICES CORPORATION, and CATERPILLAR FINANCE CORPORATION, as Borrowers THE FINANCIAL INSTITUTIONS NAMED HEREIN as Banks CITIBANK, N.A.,...Credit Agreement • September 23rd, 2009 • Caterpillar Inc • Construction machinery & equip • New York
TABLE OF CONTENTS ARTICLE I DEFINITIONS AND ACCOUNTING TERMS SECTION 1.01. Certain Defined Terms SECTION 1.02. Computation of Time Periods SECTION 1.03. Accounting Terms ARTICLE II AMOUNTS AND TERMS OF THE ADVANCES SECTION 2.01. The Revolving Credit Advances; Allocation of Commitments SECTION 2.02. Making the Revolving Credit Advances SECTION 2.03. Voluntary Conversion or Continuation of Term Loan Advances SECTION 2.04. Fees SECTION 2.05. Reduction of the Commitments; Bank Additions SECTION 2.06. Repayment of Advances SECTION 2.07. Interest on Advances SECTION 2.08. Interest Rate Determination SECTION 2.09. Prepayments of Advances SECTION 2.10. Increased Costs; Capital Adequacy; Illegality SECTION 2.11. Payments and Computations SECTION 2.12. Taxes SECTION 2.13. Sharing of Payments, Etc. SECTION 2.14. Tax Forms SECTION 2.15. Market Disruption; Denomination of Amounts in Dollars SECTION 2.16. Extensions of the Commitments SECTION 2.17. Term Loan Election SECTION 2.18. Defaulting Banks A
AMENDMENT NO. 3 to CREDIT AGREEMENT (FIVE-YEAR FACILITY)Credit Agreement • September 23rd, 2009 • Caterpillar Inc • Construction machinery & equip • New York
This AMENDMENT NO. 3 TO CREDIT AGREEMENT (FIVE-YEAR FACILITY) (this “Amendment”), dated as of September 17, 2009, is entered into by and among Caterpillar Inc. (“Caterpillar”), Caterpillar Financial Services Corporation (“CFSC”) and Caterpillar Finance Corporation (“CFC”, and together with Caterpillar and CFSC, the “Borrowers”), the Banks and Japan Local Currency Banks party hereto (collectively, the “Banks”), The Bank of Tokyo-Mitsubishi UFJ, Ltd., as Japan Local Currency Agent (the “Japan Local Currency Agent”) and as Japan Local Currency Bank (the “Japan Local Currency Bank”) under the Credit Agreement (as defined below) and Citibank, N.A., as Agent (the “Administrative Agent” and together with the Japan Local Currency Agent, the “Agents”) under the Credit Agreement. Each capitalized term used herein and not defined herein shall have the meaning ascribed thereto in the Credit Agreement.
AMENDMENT NO. 1 to CREDIT AGREEMENT (364-DAY FACILITY)Credit Agreement • September 23rd, 2009 • Caterpillar Inc • Construction machinery & equip • New York
This AMENDMENT NO. 1 TO CREDIT AGREEMENT (364-DAY FACILITY) (this “Amendment”), dated as of September 17, 2009, is entered into by and among Caterpillar Inc. (“Caterpillar”) and Caterpillar Financial Services Corporation (“CFSC”, and together with Caterpillar, the “Borrowers”), the Banks parties hereto (the “Banks”) and Citibank, N.A., as Administrative Agent (the “Administrative Agent”) under the Credit Agreement (as defined below). Each capitalized term used herein and not defined herein shall have the meaning ascribed thereto in the Credit Agreement.
CATERPILLAR FINANCE CORPORATION JAPAN LOCAL CURRENCY ADDENDUMCaterpillar Inc • September 23rd, 2009 • Construction machinery & equip • New York
JAPAN LOCAL CURRENCY ADDENDUM, dated as of September 17, 2009, to the Credit Agreement (as defined below), among Caterpillar Financial Services Corporation, Caterpillar Finance Corporation, the Japan Local Currency Banks (as defined below), Citibank, N.A., as Agent, and The Bank of Tokyo-Mitsubishi UFJ, Ltd., as Japan Local Currency Agent.
