Caterpillar Inc .: File Form 10-Q FQE 30 -46-

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Loan of currency that this Bank in local currency will not make available to the Agent or Agent in local currency, as the case may be, the taxable portion of said Bank in local currency of this loan in local currency, the Agent or Local Currency Agent, as the case may be, may assume that such Local Currency Bank has made this part available to it on the date of such Local Currency Borrowing in accordance with paragraph (b) of this Section 2.03B and it may, based on this assumption, make (but will not be required to make) available to CIF on that date a corresponding amount. If and to the extent that this local currency bank has not made this part available to the Agent (or, in the case of an advance in local currency on the same day, to the Agent in local currency) , this bank in local currency and CIF agree to reimburse the Agent (or, in the case of an advance in local currency on the same day, to the Agent in local currency) immediately upon request the corresponding amount as well as the interest relating thereto, for each day from the date on which this amount is made available to CIF until the date on which this amount is reimbursed to the Agent (or, in the case of an Advance in local currency SameDay, to the Agent in local currency) at (i) in the case of CIF, the interest rate applicable at that time to Advances in local currency including this Loan in local currency and (ii) in the case of a such bank in local currency, the federal funds rate or agent’s overdraft cost (or, in the case of a local currency advance on the same day , of the agent in local currency), if it is higher. If this Bank in local currency has to reimburse the Agent (or, in the case of an Advance in local currency on the same day, to the Agent in local currency) the corresponding amount, the amount thus paid will constitute the Advance in local currency of the Bank in local currency within the framework of that local currency. Borrow for the purposes of this Agreement. D. The failure of a local currency bank to make the local currency advance it is required to make in connection with a local currency loan does not release any other local currency bank from its obligation hereunder. make its advance in local currency on the date of this loan in local currency, but no local currency bank will be responsible for the

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the failure of any other local currency bank to make the advance in local currency to be made by that other local currency bank on the date of any local currency borrowing.

ARTICLE 2.03C. Japan Local Currency Facility Terms. I. The Local Currency Addendum of Japan sets out (i) the maximum amount (expressed in DollarAmount) that may be borrowed from all banks in the local currency of Japan under the Addendum in Local Currency of Japan (the “Total Commitment in local Japanese currency ”), which must not exceed 75 USD. 000,000 and (ii) for each local Japanese currency bank, the maximum amount (expressed as an amount in dollars) that may be borrowed from such local Japanese currency bank hereunder (the ” ” form the bank). In any case, the commitment in local currency of a Japan Local CurrencyBank (or, if this Japan Local Currency Bank is also a bank in local currency, the sum of its commitment in Japanese local currency and its commitment in local currency) will not exceed the commitment of this bank at any time. j. No advance in local Japanese currency may be made if the dollar amount (i) outstanding Japanese local currency advances exceeds the total commitment in Japanese local currency, (ii) Japanese local currency advances from the Japan Local CurrencyBank exceed its commitment in local Japanese currency, (iii) outstanding advances would exceed the total commitment, (iv) revolving credit obligations would exceed the total revolving credit commitment, (v) revolving credit advances, advances in local currency and advances in local currency of Japan would exceed the bank’s commitment, (vi) all revolving advances Credit advances to CFSC plus the dollar amount of all advances in local currency and advances in local currency from Japan would exceed the CFSC allocation at that time, or (vii) any revolving credit advance from the Bank to CFSC plus local currency advances from the Bank and advances in currency. Japan’s local level at that time exceed the Bank’s allocated commitment for CFSC at that time. k. CFKK and the Agent in local currency of Japan will provide the Agent, promptly after completion, payment or prepayment of each Advance in local currency of Japan, and at any other time at the reasonable request of the Agent, a statement showing Advances in local Japanese currency made. as part of the local currency addendum of Japan. the. CFKK and the Agent in local currency of Japan will provide the Agent with copies of any amendment, supplement or other modification of the terms of the Addendum in local currency of Japan promptly after it comes into effect. mr. CFSC and CFKK may terminate the Local Currency of Japan Addendum at their sole discretion if there are no unpaid advances hereunder, by written notice to the Agent, to the Foreign Currency Agent. local currency of Japan and banks in local currency of Japan, which notification will be performed by CFSC, CFKK and, if such consent is required, each Japanese bank in local currency.

ARTICLE 2.03D. Make advances in local Japanese currency. (a) Each borrowing in local Japanese currency will be made on a business day upon notification given by CFKK to the agent in local Japanese currency, with a copy to the agent, such notification to be given at the time specified in the addendum in Japanese local currency. Each Japanese local currency loan must be for a total dollar amount of not less than $ 10,000,000 or an integral multiple of

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USD 1,000,000 in addition to this and will consist of same-day Advances in Japanese local currency of the same type made to CFKK by banks in local Japanese currency in proportion to their respective liabilities in local Japanese currency. The Local Currency of Japan Agent will promptly notify each local currency bank of Japan by facsimile or e-mail. Each of these Japan Local Currency Borrowing Notices (a “Japan Local Currency Borrowing Notice”) must be faxed or emailed, immediately confirmed in writing, essentially in the form of Exhibit B- 3 attached, specifying) the date of this loan, (ii) the type of advances in Japanese local currency comprising this loan in Japanese local currency, (iii) the period of interest for this loan and (iv) the amount total of this loan. b. Subject to any other procedure set out in the Addendum on Local Currency of Japan, each Japanese Local Currency Bank, on behalf of its applicable lending office, shall effect by wire transfer the taxable portion of said Japanese Bank in local currency of this loan in local Japanese currency on the proposed date. funds immediately available to the Agent in the local currency of Japan at the time specified in the Addendum in local currency of Japan or the Loan Notice in local currency of Japan, and the Agent in local currency of Japan will put such funds available to CFKK at the relevant payment office. e. Each Notice of Loan in local currency in Japan will be irrevocable and will be binding on CFSC and CFKK. CFSC and CFKK, jointly and severally, will indemnify each Japan Local Currency Bank against any loss, cost charges reasonably incurred by that Japan Local Currency Bank as a result of any failure to be fulfilled on or before the date specified in this Loan Notice in local currency of Japan. for this Loan in local currency of Japan the applicable conditions set out in Article III, including, without limitation, any loss, cost or expense incurred as a result of the liquidation or re-use of deposits or other funds acquired by this Local Currency Bank of Japan to finance the Advance in local currency of Japan to be made by said Local Currency Bank of Japan in connection with this Loan in local currency of Japan when such advance in local currency of Japan, due of such failure, is not made on this date. F. Unless the Local Currency Agent of Japan has received notice from a Local Currency Bank of Japan prior to the date of any Loan in Local Currency of Japan that such Bank in Local Currency of Japan will not issue. at the disposal of the Agent in local currency of Japan, the taxable portion of the Bank in local currency of Japan of such Borrowing of foreign currency, the Agent of local currency of Japan may assume that this local currency Bank of Japan has put such portion available to him on the date of such borrowing of local currency from Japan in accordance with subsection (b) of this Section 2.03D and he may, on the basis of such assumption, put (but will not be) not required to make) available to CFKK on that date a corresponding amount. If and to the extent that this Local Currency Bank of Japan has not made this part available to the Local Currency Agent of Japan, such Local Currency Bank of Japan and CFKK jointly agree to repay immediately to the Agent of local currency of Japan on request the corresponding amount together with the interest thereon, for each day from the date on which this amount is made available to CFKK until the date on which this amount is repaid to the Agent in local currency of Japan to (i) in the case of CFKK, the interest rate applicable at that time to Advances in local currency of Japan comprising such Loans in local currency in Japan and (ii) in in the case of such a Bank in local currency of Japan, the Federal Funds rate or the Agent’s overdraft cost in local currency of Japan, whichever is greater. If that bank in local currency of Japan reimburses the Agent in local currency of Japan for this corresponding amount, this amount thus reimbursed will constitute such

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Currency Bank’s advance in local currency of Japan in connection with such borrowing in local currency of Japan for the purposes of this Agreement.

(e) The failure of a local currency bank in Japan to give back the local currency of Japan

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November 03, 2021 18:02 ET (22:02 GMT)


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