11-K 1 tex202211-k.htm 11-K 2022 TEREX CORPORATION AND AFFILIATES 401 K RETIREMENT SAVINGS PLAN Document

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549

FORM 11-K



(Mark One)
[ X ]
ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the fiscal year ended December 31, 2022
OR
[ ]
TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934


For the transition period from __________ to __________

Commission file number 1-10702



A.  Full title of the plan and the address of the plan, if different from that of the issuer named below:

Terex Corporation and Affiliates’ 401(k) Retirement Savings Plan


B.  Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:

Terex Corporation
45 Glover Ave, 4th Floor
Norwalk, Connecticut 06850





TEREX CORPORATION AND AFFILIATES’
401(k) RETIREMENT SAVINGS PLAN
 
INDEX
 Page:
REPORTS OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMS
  
FINANCIAL STATEMENTS 
  
Statements of Net Assets Available for Benefits as of December 31, 2022 and 2021
  
Statement of Changes in Net Assets Available for Benefits for the Year Ended December 31, 2022
  
Notes to Financial Statements
  
SUPPLEMENTAL SCHEDULE* 
Schedule H, Line 4i – Schedule of Assets (Held at End of Year)
  
SIGNATURE

* Other schedules required by Section 2520.103-10 of the Department of Labors Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974 are omitted because they are not applicable.

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Report of Independent Registered Public Accounting Firm


Plan Administrator and Participants
Terex Corporation and Affiliates 401(k) Retirement Savings Plan
Norwalk, CT

Opinion on the Financial Statements

We have audited the accompanying Statement of Net Assets Available for Benefits of the Terex Corporation and Affiliates 401(k) Retirement Savings Plan (the “Plan”) as of December 31, 2022, the related Statement of Changes in Net Assets Available for Benefits for the year then ended, and the related notes (collectively, the “financial statements”). In our opinion, the financial statements present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2022, and the changes in net assets available for benefits for the year then ended, in conformity with accounting principles generally accepted in the United States of America.

Basis for Opinion

These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on the Plan’s financial statements based on our audit. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (“PCAOB”) and are required to be independent with respect to the Plan in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement, whether due to error or fraud. The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. As part of our audit we are required to obtain an understanding of internal control over financial reporting but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion.

Our audit included performing procedures to assess the risk of material misstatement of the financial statements, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. Our audit also included evaluating the accounting principles used and significant estimates made by the Plan’s management, as well as evaluating the overall presentation of the financial statements. We believe that our audit provide a reasonable basis for our opinion.

Supplemental Information

The supplemental information in the accompanying schedule of Schedule H (Form 5500, Line 4i - Schedule of Assets (Held at End of Year) as of December 31, 2022, has been subjected to audit procedures performed in conjunction with the audit of the Plan’s financial statements. The supplemental information is presented for the purpose of additional analysis and is not a required part of the financial statements but included supplemental information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. The supplemental information is the responsibility of the Plan’s management. Our audit procedures included determining whether the supplemental information reconciles to the financial statements or the underlying accounting and other records, as applicable, and performing procedures to test the completeness and accuracy of the information presented in the supplemental information. In forming our opinion on the supplemental information, we evaluated whether the supplemental information, including its form and content, is presented in conformity with the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. In our opinion, the supplemental information is fairly stated, in all material respects, in relation to the financial statements as a whole.



/s/ BDO USA, LLP

We have served as the Plan’s auditor since 2023.

New York City, NY

June 21, 2023
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Report of Independent Registered Public Accounting Firm


To the Participants and Administrative Committee of
Terex Corporation and Affiliates’ 401(k) Retirement Savings Plan

Opinion on the Financial Statements

We have audited the accompanying Statement of Net Assets Available for Benefits of the Terex Corporation and Affiliates’ 401(k) Retirement Savings Plan (the “Plan”) as of December 31, 2021, and the related notes to the financial statement (collectively referred to as the “financial statement”). In our opinion, the financial statement presents fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2021, in conformity with accounting principles generally accepted in the United States of America.

Basis for Opinion

This financial statement is the responsibility of the Plan’s management. Our responsibility is to express an opinion on the Plan’s financial statement based on our audit. We are a public accounting firm registered with the Public Company Accounting Oversight Board (United States) (“PCAOB”) and are required to be independent with respect to the Plan in accordance with the U.S. federal securities laws and the applicable rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audit in accordance with the standards of the PCAOB. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statement is free of material misstatement, whether due to error or fraud.

Our audit included performing procedures to assess the risks of material misstatement of the financial statement, whether due to error or fraud, and performing procedures that respond to those risks. Such procedures included examining, on a test basis, evidence regarding the amounts and disclosures in the financial statement. Our audit also included evaluating the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the financial statement. We believe that our audit provides a reasonable basis for our opinion.




/s/ Mayer Hoffman McCann P.C.
Plymouth Meeting, Pennsylvania
June 22, 2022

We served as the Plan's auditors since 2008.

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TEREX CORPORATION AND AFFILIATES’ 401(k) RETIREMENT SAVINGS PLAN
STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS

December 31,
 20222021
ASSETS  
Cash$— $1,635 
Investments at fair value (see Notes 3 & 4)531,346,515 666,748,431 
Receivables:  
Notes receivable from participants11,107,595 11,341,075 
Participant contributions754,555 — 
Employer contributions374,792 — 
Total receivables12,236,942 11,341,075 
NET ASSETS AVAILABLE FOR BENEFITS$543,583,457 $678,091,141 

The accompanying notes are an integral part of these financial statements.

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TEREX CORPORATION AND AFFILIATES’ 401(k) RETIREMENT SAVINGS PLAN
STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
`
 Year Ended December 31, 2022
ADDITIONS:
Interest and dividends from investments$6,729,947 
Interest from participants’ notes receivable533,227 
Participant contributions20,029,636 
Employer contributions12,048,870 
Rollover contributions1,886,429 
Total additions41,228,109 
  
DEDUCTIONS: 
Net depreciation in fair value of investments(121,625,406)
Benefits paid to participants(53,575,495)
Administrative fees, net(534,892)
Total deductions(175,735,793)
  
NET DECREASE IN NET ASSETS AVAILABLE FOR BENEFITS(134,507,684)
NET ASSETS AVAILABLE FOR BENEFITS AT BEGINNING OF YEAR678,091,141 
  
NET ASSETS AVAILABLE FOR BENEFITS AT END OF YEAR$543,583,457 

The accompanying notes are an integral part of these financial statements.

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TEREX CORPORATION AND AFFILIATES’ 401(k) RETIREMENT SAVINGS PLAN
NOTES TO FINANCIAL STATEMENTS

1. DESCRIPTION OF THE PLAN

The following description of the Terex Corporation and Affiliates’ 401(k) Retirement Savings Plan (the “Plan”) provides only general information. Employees covered by the Plan (“Participants" or "Participant”) should refer to the Plan document for a complete description of the Plan’s provisions.

General – The Plan is a defined contribution plan that covers certain salaried and hourly employees of Terex Corporation and its subsidiaries (the “Company”) meeting minimum eligibility requirements (“Eligible Employees”). The investments of the Plan are held in a trust account by Fidelity Management Trust Company (“Fidelity”), the trustee of the Plan.

The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”).

The Company’s Board of Directors authorized a committee to administer the benefit structure of the Plan (“Administrative Committee”). The Administrative Committee consists of at least five members and is considered the plan administrator for purposes of ERISA.

Participant Eligibility – Eligible Employees may begin participation on the first day of the month following their hiring.

Contributions – Participants may contribute a maximum of 80% of their compensation to the Plan in any combination of pre-tax, Roth or post-tax contributions. The maximum pre-tax and Roth contributions permitted under Internal Revenue Service (“IRS”) regulations in 2022 was $20,500. Participants age 50 and older can elect to make additional pre-tax and Roth contributions (“catch-up contributions”) up to the limits prescribed by IRS regulations. These additional catch-up contributions are not eligible for matching Company contributions and the maximum catch-up contributions permitted by IRS regulations in 2022 was $6,500.

The Company provides safe harbor matching contributions of 100% of Participant contributions to the Plan up to a maximum of 5% of their compensation.
The Company may make, at its sole discretion, supplementary contributions.

Contributions (excluding catch-up contributions) are limited in that the sum of: a) total Company contributions; b) total Participant pre-tax contributions; c) total Participant Roth contributions and d) total Participant post-tax contributions, cannot exceed the lesser of: i) $61,000 or ii) 100% of the Participant’s total compensation for the year. Participants are able to direct both Participant and Company contributions and redistribute accumulated contributions and earnings between investment alternatives.

For any plan year in which a Participant may make both pre-tax and Roth elective contributions, distribution of excess deferrals shall be made from the pre-tax elective contributions before the Roth elective contributions to the extent such type of elective contributions were made for the year, unless the Participant specifies otherwise. 

All employees under the Plan are subject to automatic enrollment for Participant pre-tax contributions equal to 2% of their compensation. Participants may elect to opt out of automatic enrollment. The Plan provides for automatic elective contribution notices.

Vesting – Participants are fully vested immediately in their voluntary contributions and all Company safe harbor matching contributions, plus any actual earnings thereon.

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Forfeitures – Nonvested (prior to safe harbor matching provisions) Company contributions of Participants who have separated from the Company become forfeitures and are held in a separate account and may be used to reduce future Company contributions or to pay the Plan’s administrative fees. However, Participants who return to service within five years from their separation date will be entitled to continue vesting in the Company contributions which were previously forfeited. At December 31, 2022 and 2021, respectively, forfeited nonvested accounts totaled $9,594 and $25,703. These accounts will be used to offset future Company contributions or pay the Plan’s administrative fees. During the year ended December 31, 2022, $34,850 of the forfeiture account was used to offset/adjust Company contributions or for payment of the Plan’s expenses.

Participant Accounts – Each Participant’s account is credited with the Participant's contributions and Company matching contributions, as well as an allocation of earnings (losses) from the respective investment funds. A Participant’s contributions and related Company matching contributions are used to purchase shares in the various investment alternatives. The value of and the earnings credited to a Participant’s account are based on the proportionate number of shares owned by the Participant and the fair value of the investment on the valuation date. Participant accounts are charged with an allocation of administrative expenses that are paid by the Plan. Allocations may also be based on specific participant transactions. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.

Payment of Benefits – Upon retirement, disability or death, the entire balance of the Participant’s account becomes payable to the Participant or designated beneficiary(ies). Upon any other termination of employment, the Participant receives the entire balance of his/her account; however, if the balance of the Participant’s account is greater than $5,000 the Participant can elect to keep the investments in the Plan. Withdrawals are also permitted for financial hardship, Roth conversions, rollover and after-tax contributions, as defined in the Plan document, or upon attainment of age 59-1/2.

In the event the Participant does not direct the distribution, the Administrative Committee is allowed to designate an individual retirement plan for a mandatory distribution greater than $1,000. For amounts less than $1,000, a distribution is made to the Participant.

Notes Receivable from Participants – Participants may obtain loans between $1,000 and an amount up to the lesser of $50,000 or 50% of the vested portion of their account balance, subject to the discretion of the plan administrator and certain other restrictions. Terms of all loans are established by the Administrative Committee. As of December 31, 2022, interest rates on Participant loans ranged from 4.25% to 7.25%.

Participant-directed Investments – All assets of the Plan are Participant-directed investments. Participants have the option of directing their account balance to one or more different investment options. The investment options include various mutual funds, several common collective trust options (the "Common Collective Trusts" or "Trusts"), Terex Corporation common stock (limited to no more than 25% of Participant’s investment allocation) or a self-directed brokerage account. If a Participant does not elect an investment option in which to invest their deferrals, the Plan will invest their contributions in a qualified default investment alternative.

2. SIGNIFICANT ACCOUNTING POLICIES

Basis of Accounting – The accompanying financial statements have been prepared on the accrual basis of accounting.

Expenses – The Plan charges each participant a quarterly fee to pay expenses of the Plan. Expenses include recordkeeping, trustee, audit and other fees which are paid once they have been approved by the Administrative Committee. In addition, administrative expenses paid directly from participant accounts include monthly fees for participants that utilize professional management services and processing fees for participant loans. The trust agreement between the Plan and Fidelity includes a Revenue Credit Program. Under this program, in situations where Fidelity earns record keeping fees in excess of the agreed-upon compensation, Fidelity is required to remit those excess fees (“Revenue Credits”) to the Plan to be used to pay ERISA qualified expenses (See Note 6). Fidelity funds the Revenue Credits quarterly.

Payment of Benefits – Benefits are recorded when paid.

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Use of Estimates – The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and changes therein and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of investment income and expenses during the reporting period. Actual results could differ significantly from those estimates.

Investment Valuation and Income Recognition – The Plan’s investments in mutual funds, self-directed brokerage accounts, Terex Corporation common stock and the Trusts are reported at fair value. Fair value is the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. The fair value of the Trusts are recorded at net asset value ("NAV"). The Administrative Committee determines the Plan’s valuation policies utilizing information provided by the investment advisers and trustee (see Note 3). Shares of mutual funds are valued at the NAV of shares held by the Plan at year-end. Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on the accrual basis. Net appreciation/(depreciation) in the aggregate fair value of investments is comprised of all realized and unrealized gains and losses during the year. Dividends are recorded on the ex-dividend date.

Notes Receivable from Participants – Notes receivable from Participants are measured at their unpaid principal balance plus accrued but unpaid interest. Interest income is recorded on the accrual basis. Delinquent Participant loans are reclassified as distributions based upon the terms of the Plan document. No allowance for credit losses has been recorded as of December 31, 2022 or 2021.

3. FAIR VALUE MEASUREMENT

The Plan performs fair value measurements in accordance with Financial Accounting Standards Board issued Accounting Standards Codification ASC 820, “Fair Value Measurement and Disclosure” (“ASC 820”), which defines fair value as the price that would be received from selling an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date. When determining the fair value measurements for assets and liabilities required to be recorded at fair value, the Plan considers the principal or most advantageous market in which it would transact and considers assumptions that market participants would use when pricing the asset or liability, such as inherent risk, transfer restrictions, and risk of nonperformance.

ASC 820 also establishes a fair value hierarchy that requires the Plan to maximize the use of observable inputs and minimize the use of unobservable inputs when measuring fair value. A financial instrument’s categorization within the fair value hierarchy is based upon the lowest level of input that is significant to the fair value measurement. Determining which category an asset or liability falls within this hierarchy requires judgment. ASC 820 establishes three levels of inputs that may be used to measure fair value:

Level 1 – Unadjusted quoted prices in active markets that are accessible at the measurement date for identical, unrestricted assets or liabilities;
Level 2 – Quoted prices in markets that are not active, or inputs which are observable, either directly or indirectly, for substantially the full term of the asset or liability; and
Level 3 – Prices or valuation techniques that require inputs that are both significant to the fair value measurement and unobservable (i.e., supported by little or no market activity).
The Plan’s valuation methodology used to measure the fair value of common stock is the closing price reported on the active market on which the individual securities are traded. The Plan’s valuation methodology used to measure the fair value of mutual funds is the daily closing price as reported by the fund. Mutual funds held by the Plan are open-end mutual funds that are registered with the Securities and Exchange Commission. These funds are required to publish their daily NAV and to transact at that price. The mutual funds held by the Plan are deemed to be actively traded. The Trusts are valued at NAV and are not included in the fair value hierarchy.

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Investments measured at fair value on a recurring basis consisted of the following types of instruments as of December 31, 2022:
 12/31/2022Level 1
Investments measured in the fair value hierarchy:  
Mutual Funds$136,541,673 $136,541,673 
Self-directed - Fidelity Brokerage Link(1)
7,191,022 7,191,022 
Terex Corporation Common Stock36,227,212 36,227,212 
Total investments measured in the fair value hierarchy179,959,907 $179,959,907 
Investments measured at NAV: 
Common Collective Trusts351,386,608 
Total investments at fair value
$531,346,515 

Investments measured at fair value on a recurring basis consisted of the following types of instruments as of December 31, 2021:
 12/31/2021Level 1
Investments measured in the fair value hierarchy:  
Mutual Funds$215,995,991 $215,995,991 
Self-directed - Fidelity Brokerage Link(1)
8,773,003 8,773,003 
Terex Corporation Common Stock39,973,540 39,973,540 
Total investments measured in the fair value hierarchy264,742,534 $264,742,534 
Investments measured at NAV: 
Common Collective Trusts402,005,897 
Total investments at fair value
$666,748,431 
(1) Fidelity Brokerage Link investments include mutual funds and common stock valued using the Plan's valuation methodology.

4. INVESTMENTS MEASURED AT NAV

The Plan has an interest in the Trusts. The Trusts consist of the following: the Fidelity Freedom Index Income Commingled Pool Class T, a family of Fidelity Freedom index date commingled pools Class T, the Fidelity Growth Company Comingled Pool, the Fidelity Contrafund Comingled Pool, a bond fund and a stable value fund. The funds are open-end commingled pools dedicated exclusively to the management of assets of defined contribution plans. The Trusts are valued using NAV provided by the trustees in order to estimate fair value. The NAV is based on the fair value of the underlying investments held by the funds less liabilities. Were the Plan to initiate a full redemption of the Trusts, the trustees reserve the right to temporarily delay withdrawal from the Trusts in order to ensure that securities' liquidations will be carried out in an orderly business manner. The Trusts have no unfunded commitments, other redemption restrictions, or redemption notice periods.

5. RISKS AND UNCERTAINTIES

The Plan provides for various investment options in investment securities. Investment securities, in general, are exposed to various risks, such as interest rate, credit and overall market volatility. Due to the level of risk associated with certain investment securities, it is reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect the amounts reported in the Statements of Net Assets Available for Benefits.

For details on risks facing the Company, see Item 1A in the Company’s Annual Report on Form 10-K for the year ended December 31, 2022.

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6. PARTY-IN-INTEREST

Certain Plan investments are shares of mutual funds and Trusts managed by Fidelity. In addition to serving as trustee, Fidelity also serves as custodian and, therefore, these transactions qualify as party-in-interest transactions. Fees paid by the Plan to Fidelity for the investment management services, loan administration and other record keeping services were $388,353 for the year ended December 31, 2022. Fees paid for legal, auditing and consulting services were $199,264 for the year ended December 31, 2022. In addition, transactions in common stock and notes receivable from Participants qualify as party-in-interest transactions. During 2022, the Plan recorded $52,725 in Revenue Credits (see Note 2), which resulted in the Plan showing net administrative fees for the year of $534,892.

7. INCOME TAX STATUS

The Plan received a determination letter, dated June 26, 2012, in which the IRS stated that the Plan, as amended and restated on January 24, 2012, met the qualification requirements of Sections 401(c) and 401(k) of the Internal Revenue Code and that the Plan is exempt from Federal income taxation. The Plan has been amended subsequent to receiving the determination letter. The plan administrator believes that the Plan is designed and is being operated in compliance with the applicable requirements of the IRS.

Accounting principles generally accepted in the United States of America require Plan management to evaluate tax positions taken by the Plan and recognize a tax liability if the Plan has taken an uncertain position that more likely than not would not be sustained upon examination by the IRS. The Plan is subject to routine audits by taxing jurisdictions; however, there are currently no audits for any tax periods in progress.

8. TERMINATION OF THE PLAN

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA. In the event that such discontinuance results in the complete or partial termination of the Plan, Participants would become 100% vested in their accounts.

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TEREX CORPORATION AND AFFILIATES'                     EIN #34-1531521
401(k) RETIREMENT SAVINGS PLAN                         Plan #004

SCHEDULE H, LINE 4i - SCHEDULE OF ASSETS (HELD AT END OF YEAR)
DECEMBER 31, 2022
(a)(b)(c)(d)(e)
  
Identity of issue, borrower, lessor or
similar party
Description of investment
including maturity date,
rate of interest, collateral,
par or maturity value
 
 
 
Cost
Current value
Investments:
  Mutual Funds:   
The Hartford International Opportunities FundMutual Fund(1)$4,992,520 
John Hancock Disciplined Value Mid CapMutual Fund(1)31,793,993 
 MFS Value FundMutual Fund(1)12,289,781 
*Fidelity US Bond Index FundMutual Fund(1)8,947,047 
*Fidelity Extended Market Index FundMutual Fund(1)5,791,780 
*Fidelity 500 Index FundMutual Fund(1)37,809,658 
*Fidelity International Index FundMutual Fund(1)5,930,858 
*Fidelity Balanced FundMutual Fund(1)17,772,256 
*Fidelity Diversified International FundMutual Fund(1)11,117,407 
*Fidelity Institutional Money Market Government PortfolioMutual Fund(1)96,373 
   Subtotal Mutual Funds 136,541,673 
 Self-directed:
*Fidelity Brokerage LinkVarious(1)7,191,022 
 Common Stock:
*Terex CorporationCommon Stock(1)36,227,212 
(Continued on following page)
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TEREX CORPORATION AND AFFILIATES'EIN #34-1531521
401(k) RETIREMENT SAVINGS PLANPlan #004
SCHEDULE H, LINE 4i – SCHEDULE OF ASSETS (HELD AT END OF YEAR)
DECEMBER 31, 2022 (continued)
 Common Collective Trust:   
*Fidelity Freedom Index Income Commingled Pool Class TCommon Collective Trust(1)4,099,090 
*Fidelity Freedom Index 2010 Commingled Pool Class TCommon Collective Trust(1)3,765,641 
*Fidelity Freedom Index 2015 Commingled Pool Class TCommon Collective Trust(1)1,673,142 
*Fidelity Freedom Index 2020 Commingled Pool Class TCommon Collective Trust(1)18,006,504 
*Fidelity Freedom Index 2025 Commingled Pool Class TCommon Collective Trust(1)18,615,834 
*Fidelity Freedom Index 2030 Commingled Pool Class TCommon Collective Trust(1)45,796,193 
*Fidelity Freedom Index 2035 Commingled Pool Class TCommon Collective Trust(1)20,114,951 
*Fidelity Freedom Index 2040 Commingled Pool Class TCommon Collective Trust(1)32,947,092 
*Fidelity Freedom Index 2045 Commingled Pool Class TCommon Collective Trust(1)11,418,044 
*Fidelity Freedom Index 2050 Commingled Pool Class TCommon Collective Trust(1)25,850,936 
*Fidelity Freedom Index 2055 Commingled Pool Class TCommon Collective Trust(1)11,992,116 
*Fidelity Freedom Index 2060 Commingled Pool Class TCommon Collective Trust(1)4,895,613 
*Fidelity Freedom Index 2065 Commingled Pool Class TCommon Collective Trust(1)760,543 
*Fidelity Growth Company Commingled PoolCommon Collective Trust(1)52,517,788 
*Fidelity Contrafund Commingled PoolCommon Collective Trust(1)36,412,866 
Prudential Core Plus Bond Fund Class 5Common Collective Trust(1)12,527,968 
Invesco Stable Value Trust - Class B1Common Collective Trust(1)49,992,287 
Subtotal Common Collective Trust351,386,608 
Subtotal Investments531,346,515 
 Loans:   
*Notes Receivable from Participants
Interest rates ranging from 4.25% to 7.25%
11,107,595 
  Total $542,454,110 

* Denotes a party-in-interest to the Plan.

(1) Cost information is not required for Participant-directed funds.
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SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the Terex Corporation and Affiliates’ 401(k) Retirement Savings Plan Administrative Committee have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.

Terex Corporation and Affiliates’
401(k) Retirement Savings Plan
Date:June 21, 2023/s/ David Peterson
 By: David Peterson
 Director, Benefits & Global Mobility
 Terex Corporation

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