Notice of Guaranteed Delivery
For Tender of
7-3/8% Senior Subordinated Notes due 2014 in
Exchange for 7-3/8% Senior Subordinated Notes due 2014
which have been registered under the Securities Act of 1933
of
TEREX CORPORATION
This form must be used to accept the Exchange Offer of Terex Corporation
(the "Company") made pursuant to the Prospectus if certificates for the 7-3/8%
Senior Subordinated Notes due 2014 (the "Old Notes") of the Company are not
immediately available, or if the procedure for book-entry transfer cannot be
completed on a timely basis, or if the Old Notes, the Letter of Transmittal or
any other documents required thereby cannot be delivered to the Exchange Agent
prior to 5:00 P.M., New York City time, on the Expiration Date (as defined in
the Prospectus). Such form may be delivered by hand or transmitted by facsimile
transmission, overnight courier or mail to the Exchange Agent. Capitalized terms
used but not defined herein have the meaning given to them in the Prospectus.
To: HSBC Bank USA, The Exchange Agent
By Overnight and by Hand Delivery after
4:30 p.m. on Expiration Date: By Hand Delivery to 4:30 p.m.:
HSBC Bank USA HSBC Bank USA
Issuer Services Operations Issuer Services Operations
One Hanson Place One Hanson Place
Lower Level Lower Level
Brooklyn, New York 11243 Brooklyn, New York 11243
Attention: Paulette Shaw Attention: Paulette Shaw
By Registered or Certified Mail: By Facsimile:
HSBC Bank USA (718) 488-4488
Issuer Services Operations Attention: Issuer Services Operations
One Hanson Place
Lower Level Confirm by Telephone:
Brooklyn, New York 11243
Attention: Paulette Shaw (718) 488-4475
Delivery of this instrument to an address, or transmission of instructions
via a facsimile, other than as set forth above, will not constitute a valid
delivery.
This form is not to be used to guarantee signatures. If a signature on the
Letter of Transmittal to be used to tender Old Notes is required to be
guaranteed by an "Eligible Institution" under the instructions thereto, such
signature guarantee must appear in the applicable space provided in the Letter
of Transmittal.
Ladies and Gentlemen:
The undersigned hereby tenders to Terex Corporation, a Delaware corporation
(the "Company"), upon the terms and subject to the conditions set forth in the
Prospectus and the Letter of Transmittal (which together constitute the
"Exchange Offer"), receipt of which is hereby acknowledged, the aggregate
principal amount of ________________ Old Notes pursuant to the guaranteed
delivery procedures set forth in Instruction 1 of the Letter of Transmittal.
NOTE: SIGNATURES MUST BE PROVIDED WHERE INDICATED BELOW.
Certificate No(s). for Old Notes (if available) Name(s) of Record Holder(s)
- ---------------------------------------------- ----------------------------
- ---------------------------------------------- ----------------------------
Please Print or Type
If Old Notes will be delivered by book-entry Address
transfer to the Depository Trust Company, ----------------------------
provide account number: ----------------------------
----------------------------
Account Number:
------------------------------
Area Code and Tel. No.
----------------------------
Signature(s)
----------------------------
Dated:
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This Notice of Guaranteed Delivery must be signed by the registered
holder(s) of Old Notes exactly as its (their) name(s) appear on certificates for
Old Notes or on a security position listing as the owner of Old Notes, or by
person(s) authorized to become registered holder(s) by endorsements and
documents transmitted with this Notice of Guaranteed Delivery. If signature is
by a trustee, executor, administrator, guardian, attorney-in-fact, officer or
other person acting in a fiduciary or representative capacity, such person must
provide the following information.
Please print name(s) and address(es)
Name(s): ---------------------------------------------------------------
---------------------------------------------------------------
Capacity: ---------------------------------------------------------------
Address(es): ---------------------------------------------------------------
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The undersigned acknowledges that it must deliver the Letter of Transmittal
and Old Notes tendered hereby to the Exchange Agent, or a book-entry
confirmation, within the time period set forth and that failure to do so could
result in financial loss to the undersigned.
GUARANTEE
(Not to be used for signature guarantee)
The undersigned, a member firm of a registered national securities exchange
or of the National Association of Securities Dealers, Inc., or a commercial bank
or trust company having an office or correspondent in the United States or an
"eligible guarantor institution" within the meaning of Rule 17Ad-15 under the
Securities Exchange Act of 1934, as amended (the "Exchange Act"), hereby (a)
represents that the above named person(s) "own(s)" the Old Notes tendered hereby
within the meaning of Rule 10b-4 under the Exchange Act, (b) represents that
such tender of Old Notes complies with Rule 10b-4 under the Exchange Act and (c)
guarantees that delivery to the Exchange Agent of certificates for the Old Notes
tendered hereby, in proper form for transfer, or a book-entry confirmation, with
delivery of a properly completed and duly executed Letter of Transmittal (or
manually signed facsimile thereof) with any required signature and any other
required documents, will be received by the Exchange Agent at one of its
addresses set forth above within three (3) New York Stock Exchange trading days
after the Expiration Date. The undersigned acknowledges that it must deliver the
Letter of Transmittal and Old Notes tendered hereby to the Exchange Agent within
the time period set forth and that failure to do so could result in financial
loss to the undersigned.
Name of Firm
- ------------------------------- -----------------------------------------
Authorized Signature
Address Name:
- ------------------------------- -----------------------------------------
Please Print or Type
- ------------------------------- Signature(s)
Zip Code -----------------------------------------
Area Code and Tel. No. Title:
- ------------------------------- -----------------------------------------
Dated:
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NOTE: DO NOT SEND OLD NOTES WITH THIS FORM; OLD NOTES SHOULD BE SENT WITH YOUR
LETTER OF TRANSMITTAL SO THAT THEY ARE RECEIVED BY THE EXCHANGE AGENT
WITHIN THREE (3) NEW YORK STOCK EXCHANGE TRADING DAYS AFTER THE EXPIRATION
DATE.