Extension Agreement to $1 Billion Credit Agreement among Praxair, Inc., JPMorgan Chase Bank, N.A., and Bank of America, N.A.
Praxair, Inc., JPMorgan Chase Bank, N.A. (as Administrative Agent), and Bank of America, N.A. have agreed to extend the termination date of their existing $1 billion Credit Agreement from December 23, 2009, to December 23, 2011. This extension maintains the original terms of the Credit Agreement, with all parties confirming their acceptance. The agreement is governed by New York law.
Exhibit 10.17d
EXTENSION AGREEMENT
JPMorgan Chase Bank, N.A.,
as Administrative Agent
under the Credit Agreement
referred to below
270 Park Avenue
New York, New NY 10017
Gentlemen:
Each of the undersigned hereby agrees to extend, effective December 1, 2009, the Termination Date under the Credit Agreement dated as of December 23, 2004 (as amended from time to time, the “Credit Agreement”) among Praxair, Inc., a Delaware corporation (the “Company”), the Subsidiaries referred to therein, the Lenders party thereto, JPMorgan Chase Bank, N.A., as Administrative Agent (the “Administrative Agent”), Bank of America, N.A., as Syndication Agent and Citibank, N.A. and Credit Suisse First Boston, as Co-Documentation Agents, to December 23, 2011. Terms defined in the Credit Agreement are used herein with the same meaning.
This Extension Agreement shall be construed in accordance with and governed by the law of the State of New York.
| Bank of America, N.A. (as successor by merger to Merrill Lynch Bank USA) | ||||
| By: | /s/ Jeff Hallmark | |||
| Name: | Jeff Hallmark | |||
| Title: | Senior Vice President | |||
Agreed and accepted:
| PRAXAIR, INC. | ||||
| By: | /s/ Michael J. Allan | |||
| Name: | Michael J. Allan | |||
| Title: | Vice President and Treasurer | |||
| JPMORGAN CHASE BANK, N.A., as Administrative Agent | ||||
| By: | /s/ Stacey L. Haimes | |||
| Name: | Stacey L. Haimes | |||
| Title: | Executive Director | |||
