13D Filing: Marcato Capital Management and Terex Corp (TEX)

Page 6 of 8 – SEC Filing

 CUSIP No. 880779103
SCHEDULE 13D
Page 6 of 7
Item 6.
Contracts, Arrangements, Understandings or Relationships with Respect to Securities of the Issuer

Item 6 is hereby supplementally amended as follows:
As reported in Exhibit C, the Reporting Persons exercised American-style call options described in the Initial Statement that were exercisable on or before December 21, 2017, and thereby acquired 1,800,000 Shares in the aggregate.  On September 26, 2017, upon exercise of such call options, a corresponding number of the European-style put options described in the Initial Statement terminated in accordance with their terms.
Matthew Hepler, a Partner at Marcato, has agreed to transfer and assign to Marcato International all rights, title, interests, duties, obligations and liabilities with respect to compensation paid to Mr. Hepler in connection with his service as a director of the Issuer.
Item 7.
Material to be Filed as Exhibits
Item 7 is hereby supplementally amended by adding a reference to the following exhibit:
Exhibit C:  Schedule of Transactions in Shares

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