Lexmark 2008 Annual Report Download - page 119

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Index to Exhibits
Number Description of Exhibits
2 Agreement and Plan of Merger, dated as of February 29, 2000, by and between Lexmark
International, Inc. (the “Company”) and Lexmark International Group, Inc. (“Group”).(1)
3.1 Restated Certificate of Incorporation of the Company.(2)
3.2 Company By-Laws, as Amended and Restated June 22, 2000.(2)
3.3 Amendment No. 1 to Company By-Laws, as Amended and Restated June 22, 2000.(3)
3.4 Amendment No. 2 to Company By-Laws, as Amended and Restated June 22, 2000.(4)
4.1 Form of Indenture between the Company and The Bank of New York Trust Company, N.A., as
Trustee.(5)
4.2 Form of First Supplemental Indenture between the Company and The Bank of New York
Trust Company, N.A., as Trustee.(5)
4.3 Form of Global Note of the Company’s 5.900% Senior Notes due 2013 (included in
Exhibit 4.2).(5)
4.4 Form of Global Note of the Company’s 6.650% Senior Notes due 2018 (included in
Exhibit 4.2).(5)
4.5 Specimen of Class A common stock certificate.(2)
10.1 Agreement, dated as of May 31, 1990, between the Company and Canon Inc., and Amendment
thereto.(6)*
10.2 Agreement, dated as of March 26, 1991, between the Company and Hewlett-Packard
Company.(6)*
10.3 Patent Cross-License Agreement, effective October 1, 1996, between Hewlett-Packard
Company and the Company.(7)*
10.4 Amended and Restated Lease Agreement, dated as of January 1, 1991, between IBM and the
Company, and First Amendment thereto.(8)
10.5 Third Amendment to Lease, dated as of December 28, 2000, between IBM and the Company.(9)
10.6 Credit Agreement, dated as of January 20, 2005, by and among the Company, as Borrower, the
Lenders party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent, Fleet National
Bank and Citibank, N.A., as Co-Syndication Agents, and KeyBank National Association and
SunTrust Bank, as Co-Documentation Agents.(10)
10.7 Amendment No. 1, dated as of December 22, 2006, to Credit Agreement, dated as of January 20,
2005, by and among the Company, as Borrower, the Lenders party thereto, JPMorgan Chase
Bank, N.A., as Administrative Agent, Bank of America, N.A. (as successor by merger to Fleet
National Bank) and Citibank, N.A., as Co-Syndication Agents, and KeyBank National Association
and SunTrust Bank, as Co-Documentation Agents.(11)
10.8 Amendment No. 2, dated as of May 23, 2007, to Credit Agreement, dated as of January 20, 2005,
by and among the Company, as Borrower, the Lenders party thereto, JPMorgan Chase Bank,
N.A., as Administrative Agent, Bank of America, N.A. (as successor by merger to Fleet National
Bank) and Citibank, N.A., as Co-Syndication Agents, and KeyBank National Association and
SunTrust Bank, as Co-Documentation Agents.(12)
10.9 Amended and Restated Receivables Purchase Agreement, dated as of October 8, 2004, by and
among Lexmark Receivables Corporation, as Seller, CIESCO, LLC and Gotham Funding
Corporation, as the Investors, Citibank, N.A. and The Bank of Tokyo-Mitsubishi, Ltd., New
York Branch (“BTM”), as the Banks, Citicorp North America, Inc. (“CNAI”) and BTM, as the
Investor Agents, CNAI, as Program Agent for the Investors and Banks, and the Company, as
Collection Agent and Originator.(13)
10.10 Amendment No. 1 to Receivables Purchase Agreement, dated as of October 7, 2005, by and
among Lexmark Receivables Corporation, as Seller, CIESCO, LLC, Gotham Funding
Corporation, Citibank, N.A., BTM, and CNAI, as Program Agent, CNAI and BTM, as Investor
Agents, and the Company, as Collection Agent and Originator.(14)
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