Common use of MISCELLANEOUS 100 Clause in Contracts

MISCELLANEOUS 100. Section 11.1. Trust Indenture Act Controls 100 Section 11.2. Notices 100 Section 11.3. Communication by Holders with other Holders 101 Section 11.4 Certificate and Opinion as to Conditions Precedent 101 Section 11.5. Statements Required in Certificate or Opinion 101 Section 11.6. When Securities Disregarded 102 Section 11.7. Rules by Trustee, Paying Agent and Registrar 102 Section 11.8 Legal Holidays 102 Section 11.9. GOVERNING LAW 102 Section 11.10. No Recourse Against Others 102 Section 11.11. Successors 102 Section 11.12. Multiple Originals 103 Section 11.13. Variable Provisions 103 Section 11.14. Qualification of Indenture 103 Section 11.15. Table of Contents; Headings 103 Section 11.16. Separability 103 Section 11.17. Benefits of Indenture 103 EXHIBIT A Form of the Securities EXHIBIT B Form of Certificate of Transfer EXHIBIT C Form of Certificate of Exchange EXHIBIT D Form of Certificate from Acquiring Institutional Accredited Investor INDENTURE, dated as of March 2, 2005, among Navistar International Corporation, a Delaware corporation (the “Company”), International Truck and Engine Corporation, a Delaware corporation (the “Guarantor”) and The Bank of New York Trust Company, N.A., a national banking association, as trustee (the “Trustee”). Each party agrees as follows for the benefit of the other party and for the equal and ratable benefit of the Holders of (i) the Company’s 6¼% Senior Notes due 2012 issued on the Issue Date (the “Initial Securities”), (ii) if and when issued, an unlimited amount of additional 6¼% Senior Notes due 2012 that may be offered from time to time subsequent to the Issue Date (the “Additional Securities”), and (iii) if and when issued in exchange for Initial Securities as provided in a Registration Rights Agreement (as hereinafter defined) or for Additional Securities, the Company’s 6¼% Senior Notes due 2012 (the “Exchange Securities”).

MISCELLANEOUS 100. Section 11.1. Trust Indenture Act Controls 100 Section 11.2. 9.01 Notices 100 Section 11.3. Communication by Holders with other Holders 9.02 Waivers; Amendments 101 Section 11.4 Certificate and Opinion as to Conditions Precedent 101 Section 11.5. Statements Required in Certificate or Opinion 101 Section 11.6. When Securities Disregarded 102 Section 11.7. Rules by Trustee, Paying Agent and Registrar 102 Section 11.8 Legal Holidays 102 Section 11.9. GOVERNING LAW 102 Section 11.10. No Recourse Against Others 102 Section 11.11. Successors 102 Section 11.12. Multiple Originals 9.03 Expenses; Indemnity; Damage Waiver 103 Section 11.13. Variable Provisions 103 9.04 Successors and Assigns 105 Section 11.14. Qualification 9.05 Survival 108 Section 9.06 Counterparts; Integration; Effectiveness 109 Section 9.07 Severability 109 Section 9.08 Right of Indenture 103 Setoff 109 Section 11.15. Table 9.09 Governing Law; Jurisdiction; Consent to Service of Contents; Process 109 Section 9.10 WAIVER OF JURY TRIAL 110 Section 9.11 [Reserved] 110 Section 9.12 [Reserved] 110 Section 9.13 Confidentiality 110 Section 9.14 Interest Rate Limitation 111 Section 9.15 USA Patriot Act 112 Section 9.16 No Advisory or Fiduciary Responsibility 112 Section 9.17 Judgment Currency 113 Section 9.18 Electronic Execution of Assignments and Certain Other Documents 113 Section 9.19 Acknowledgement and Consent to Bail-In of Affected Financial Institutions 113 Section 9.20 Headings 103 114 Section 11.16. Separability 103 9.21 Certain ERISA Matters 114 Section 11.17. Benefits 9.22 Recognition of Indenture 103 EXHIBIT the U.S. Special Resolution Regimes 115 Section 9.23 Subsidiary Guarantees 116 Section 9.24 Termination of Subsidiary Guarantees 116 SCHEDULES: Schedule 2.01 Commitments Schedule 3.06 Disclosed Matters Schedule 6.01(b) Existing Indebtedness Schedule 6.02 Existing Liens Schedule 9.01 Administrative Agent’s Office EXHIBITS: Exhibit A Form of the Securities EXHIBIT Assignment and Assumption Exhibit B Form of Certificate of Transfer EXHIBIT Borrowing Request Exhibit C Form of United States Tax Compliance Certificate of Exchange EXHIBIT Exhibit D Form of Compliance Certificate from Acquiring Institutional Accredited Investor INDENTUREExhibit E Form of Subsidiary Guarantee Agreement Exhibit F Form of Letter of Credit Application CREDIT AGREEMENT, dated as of March 2November 21, 20052023 (this “Agreement”), among Navistar International CorporationTRADEWEB MARKETS LLC, a Delaware corporation limited liability company (the “CompanyBorrower”), International Truck the LENDERS party hereto, and Engine Corporation, a Delaware corporation (the “Guarantor”) and The Bank of New York Trust CompanyCITIBANK, N.A., a national banking associationas Administrative Agent, as trustee (Issuing Bank and Swing Line Lender. The Borrower has requested that the “Trustee”). Each party agrees as follows for Revolving Lenders extend credit in the benefit form of Revolving Loans and the other party Issuing Banks issue Letters of Credit, in each case at any time and for the equal and ratable benefit of the Holders of (i) the Company’s 6¼% Senior Notes due 2012 issued on the Issue Date (the “Initial Securities”), (ii) if and when issued, an unlimited amount of additional 6¼% Senior Notes due 2012 that may be offered from time to time subsequent during the Revolving Availability Period in an initial principal amount not to exceed $500,000,000. In addition, the Borrower may request that the Lenders or prospective Additional Lenders agree to provide Incremental Revolving Commitments pursuant to Section 2.18 from time to time on or after the Closing Date in an aggregate amount not to exceed $250,000,000. The Lenders are willing to extend such credit to the Issue Date (the “Additional Securities”)Borrower, and (iii) if the Issuing Banks are willing to issue Letters of Credit for the account of the Borrower, on the terms and when issued in exchange for Initial Securities as provided in a Registration Rights Agreement (as hereinafter defined) or for Additional Securitiessubject to the conditions set forth herein. Accordingly, the Company’s 6¼% Senior Notes due 2012 (the “Exchange Securities”).parties hereto agree as follows: