Lexmark 2009 Annual Report Download - page 143

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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.(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, dated as of July 26, 2001, to Company By-Laws, as Amended and Restated
June 22, 2000.(3)
3.4 Amendment No. 2, dated as of December 20, 2006, to Company By-Laws, as Amended and
Restated June 22, 2000.(4)
4.1 Form of Indenture, dated as of May 22, 2008, between the Company and The Bank of New York
Trust Company, N.A., as Trustee.(5)
4.2 Form of First Supplemental Indenture, dated as of May 22, 2008, 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, dated as of March 1, 1991, thereto.(8)
10.5 Third Amendment to Lease Agreement, dated as of December 28, 2000, between IBM and the
Company.(9)
10.6 Credit Agreement, dated as of August 17, 2009, 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 Syndication Agent, and Citibank, N.A. and SunTrust Bank, as Co-Documentation
Agents.(10)
10.7 Amended and Restated Receivables Purchase Agreement, dated as of October 8, 2004, by and
among Lexmark Receivables Corporation (“LRC”), as Seller, CIESCO, LLC and Gotham
Funding Corporation (“Gotham”), 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.(11)
10.8 Amendment No. 1 to Receivables Purchase Agreement, dated as of October 7, 2005, by and
among LRC, as Seller, CIESCO, LLC, Gotham, Citibank, N.A., BTM, and CNAI, as Program
Agent, CNAI and BTM, as Investor Agents, and the Company, as Collection Agent and
Originator.(12)
10.9 Amendment No. 2 to Receivables Purchase Agreement, dated as of October 6, 2006, by and
among LRC, as Seller, CIESCO, LLC and Gotham, as the Investors, Citibank, N.A. and The Bank
of Tokyo-Mitsubishi UFJ, Ltd., New York Branch (“BTMUFJ”), CNAI, as Program Agent, CNAI
and BTMUFJ, as Investor Agents, and the Company, as Collection Agent and Originator.(13)
10.10 Amendment No. 3 to Receivables Purchase Agreement, dated as of March 30, 2007, by and
among LRC, as Seller, CIESCO, LLC and Gotham, as the Investors, Citibank, N.A. and BTMUFJ,
CNAI, as Program Agent, CNAI and BTMUFJ, as Investor Agents, and the Company, as
Collection Agent and Originator.(14)
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