Common use of Amendment of Certain Agreements Clause in Contracts

Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGS, INC. By: ______________________________________ Xxxx X. Xxxxxxx Vice President and Treasurer The foregoing Agreement is hereby accepted as of the date first above written. PGIM, INC. By: _________________________________ Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for Prudential

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

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Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGS, INC. By: ______________________________________ Xxxx X. Xxxxxxx Vice President and Treasurer The foregoing Agreement is hereby accepted as of the date first above written. PGIM, INC. By: _________________________________ Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for PrudentialPrudential P. Xxxxx xxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Managing Director Managing Director Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxx Miering Xxxxxxx X. Xxxxxxxxx Managing Director Senior Vice President Central Credit Prudential Capital Group Prudential Capital Group Two Prudential Xxxxx Xxxx Xxxxxxx Xxxxxx Xxxxx 0000 000 Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Xxxxxx, Xxx Xxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxx Senior Vice President Vice President Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Tan Vu Vice President Prudential Capital Group Xxx Xxxxxxxxxx Xxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 EXHIBIT E LIST OF AGREEMENTS RESTRICTING DEBT Credit Agreement dated January 31, 2018, among Applied Industrial Technologies, Inc., the financial institutions party thereto and KeyBank National Association as Administrative Agent. Director borrowing resolutions in effect from time to time may limit the total amount of indebtedness which the Company is authorized to incur. Presently those resolutions limit total borrowings to $1.28 billion. EXHIBIT F LIST OF SUBSIDIARIES SUBSIDIARY NAME STATE OF INCORPORATION OWNERSHIP A&H Fluid Technologies, Inc. (f/k/a Air and Hydraulics Engineering, Incorporated) Alabama 100% Company Air Draulics Engineering Co. Tennessee 100% Company Air-Hydraulic Systems, Inc. Minnesota 100% Company AIT Canada, ULC Nova Scotia 100% Applied US, L.P. AIT International Inc. Ohio 100% Bearing Sales & Services Inc. Applied Australia Holdings Pty Ltd. Victoria, Australia 100% Bearing Sales & Services Inc. Applied Canada Holdings, ULC Nova Scotia 100% Applied Nova Scotia Company Applied Fluid Power Holdings, LLC Ohio 100% Applied Northern Holdings, ULC Applied Industrial Technologies - CA LLC Delaware 100% Company Applied Industrial Technologies Canada, ULC Nova Scotia 100% Applied Industrial Technologies, LP Applied Industrial Technologies - Capital Inc. Delaware 100% Applied Industrial Technologies - CA LLC Applied Industrial Technologies - Xxxxx, Inc. Tennessee 100% Company Applied Industrial Technologies, LP Ontario 99.99% Applied US, L.P.0.01% AIT Canada, ULC Applied Industrial Technologies Limited New Zealand 100% Applied Australia Holdings Pty Ltd. Applied Industrial Technologies -- PA LLC Pennsylvania 100% Company Applied Industrial Technologies - PACIFIC LLC Delaware 100% Applied Industrial Technologies - CA LLC Applied Industrial Technologies Pty Ltd. Australia 100% Applied Australia Holdings Pty Ltd. Applied Luxembourg, S.à.x.x. Luxembourg 100% Bearing Sales & Services Inc. Applied Maintenance Supplies & Solutions, LLC Ohio 100% Company Applied Mexico, S.A. de C.V. Mexico 98.6% Applied Mexico Holdings, S.A. de C.V.0.8% Bearings Pan American, Inc.0.6% Xxxxxx Xxxxxxx Applied Mexico Holdings, S.A. de C.V. Mexico 99.99% Bearing Sales & Services Inc.0.01% Bearings Pan American, Inc. Applied Northern Holdings, ULC Nova Scotia 100% Applied US, L.P. Applied Nova Scotia Company Nova Scotia 100% Applied Luxembourg, S.à.x.x. Applied US, L.P. Delaware 99.99% Applied Nova Scotia Company0.01% Applied Canada Holdings, ULC Applied US Energy, Inc. Ohio 100% Company AIT Holdings Corp. Alberta 100% Applied Industrial Technologies, LP Atlantic Fasteners Co., LLC Ohio 100% Applied Maintenance Supplies & Resolutions, LLC Baro Controls, Inc. Texas 100% Baro Holdings, Inc. Baro Controls-Golden Triangle, Inc. Texas 100% Baro Controls, Inc. Baro Holdings, Inc Texas 100% FCX Performance, Inc. Baro Process Products, Inc. Texas 100% Baro Holdings, Inc. Basin Engine & Pump, Inc. Texas 100% FCX Performance, Inc. Bay Advanced Technologies, LLC Ohio 100% Applied Fluid Power Holdings, LLC Bay Advanced Technologies Singapore Pte. Ltd. Singapore 100% Bay Advanced Technologies, LLC BER International, Inc. Barbados 100% Company Bearings, Inc. Tennessee 100% Company Bearings Sales & Services Inc. Washington 100% Applied Industrial Technologies - Xxxxx, Inc. Bearings Pan American, Inc. Ohio 100% Bearing Sales & Services Inc. Carolina Fluid Components, LLC Ohio 100% Applied Fluid Power Holdings, LLC Corrosion Fluid Products Corp. Michigan 100% FCX Performance, Inc. Disenos Construcciones y Fabricaciones Hispanomericanas, S.A. Mexico 99.9% Applied Mexico, S.A. de C.V.0.1% Applied Mexico Holdings, S.A. de C.V DTS Fluid Power, LLC Ohio 100% Applied Fluid Power Holdings, LLC Xxxx Distribution, LLC Delaware 92.43% FCX Performance, Inc.6.16% FCX-Xxxx Blocker 2 Corp1.41% FCX-Xxxx Blocker 1, LLC ESI Acquisition Corporation (dba Engineered Sales, Inc.) Ohio 100% Company FCX Group GP, LLC Delaware 100% Company FCX Group Holdings, LP Delaware 99.99% Company 0.01% FCX Group GP, LLC FCX Holdings Corp. Ohio 100% FCX Intermediate Holdings, LLC FCX Intermediate Holdings, LLC Delaware 100% FCX Group Holdings, LP FCX Performance, Inc. Ohio 100% FCX USA, Inc. FCX Process Solutions, LLC Ohio 100% FCX Performance, Inc. FCX-Xxxx Blocker 1, LLC Delaware 100% FCX Performance, Inc. FCX-Xxxx Blocker 2 Corp. Delaware 100% FCX Performance, Inc. FCX USA, Inc. Ohio 100% FCX Holdings Corp FluidTech, LLC Ohio 100% Applied Fluid Power Holdings, LLC HUB Industrial Supply, LLC Ohio 100% Applied Maintenance Supplies & Solutions, LLC Xxxxxx Machinery Company Missouri 100% IPS Flow Control Corporation HydroAir Xxxxxx, LLC Ohio 100% Applied Fluid Power Holdings, LLC HyQuip, LLC Ohio 100% Applied Fluid Power Holdings, LLC Instrumentation Services, Inc. Florida 100% FCX Performance, Inc. Integrated Plant Services, Inc. Ohio 100% FCX Performance, Inc. IPS Flow Control Corporation Ohio 100% FCX Performance, Inc. Xxxx Oil Field Supply, Inc. Texas 100% Company North Coast Instruments, Inc. Ohio 100% FCX Performance, Inc. Power Plant Equipment Co. Kansas 100% Xxxxxx Machinery Company Power Systems, LLC Ohio 100% Applied Fluid Power Holdings, LLC Process Control Services, Inc. Michigan 100% FCX Performance, Inc. Pump Energy, Inc. Delaware 100% FCX Performance, Inc. Pump Pro’s, Inc. Ohio 100% FCX Performance, Inc. X.X. Xxxxx Company, Inc. New York 100% FCX Performance, Inc. Xxxxxx Xxxxxxx Xxxxxxxx, Inc. Puerto Rico 100% Company Rodensa Mexico S.A. de C.V. Mexico 99% Applied Mexico Holdings, S.A. de C.V1% Applied Mexico, S.A. de C.V. S. G. Xxxxxx Co., LLC Ohio 100% Applied Fluid Power Holdings, LLC Seals Unlimited (1976) Incorporated Ontario 100% Seals Unlimited Holding Co., Inc. Seals Unlimited Holding Co., Inc. Ontario 100% Applied Industrial Technologies, LP Sentinel Fluid Controls, LLC Ohio 100% Company Xxxxxxx Fluid Power, Inc. Ohio 100% Company Texas Oilpatch Services, LLC Ohio 100% Company

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGSAPPLIED INDUSTRIAL TECHNOLOGIES, INC. By: __________________________________________ Xxxx X. Xxxxxxx Xxxxxx Vice President and Treasurer The foregoing Agreement is hereby accepted as of the date first above written. PGIMPRUDENTIAL INVESTMENT MANAGEMENT, INC. By: _________________________________ Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for PrudentialPresident

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGS, INC. By: ________________________________________ Xxxx X. Xxxxxxx Vice President and Treasurer The foregoing Agreement is hereby accepted as of the date first above written. PGIMPRUDENTIAL INVESTMENT MANAGEMENT, INC. By: _________________________________ Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for PrudentialPrudential P. Xxxxx xxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Managing Director Managing Director Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxx Miering Xxxxxxx X. Xxxxxxxxx Managing Director Senior Vice President Central Credit Prudential Capital Group Prudential Capital Group Two Prudential Xxxxx Xxxx Xxxxxxx Xxxxxx Xxxxx 0000 000 Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Xxxxxx, Xxx Xxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxx Senior Vice President Vice President Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Tan Vu Vice President Prudential Capital Group Xxx Xxxxxxxxxx Xxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

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Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGS, INC. By: ______________________________________ Xxxx X. Xxxxxxx Vice President and Treasurer The foregoing Agreement is hereby accepted as of the date first above written. PGIMPRUDENTIAL INVESTMENT MANAGEMENT, INC. By: _________________________________ Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for PrudentialPrudential P. Xxxxx xxx Xxxxxxx Xxxxx X. Xxxxxxxxxx Managing Director Managing Director Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxx Miering Xxxxxxx X. Xxxxxxxxx Managing Director Senior Vice President Central Credit Prudential Capital Group Prudential Capital Group Two Prudential Xxxxx Xxxx Xxxxxxx Xxxxxx Xxxxx 0000 000 Xxxxxxxx Xxxxxx Xxxxxxx, Xxxxxxxx 00000 Xxxxxx, Xxx Xxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxx Senior Vice President Vice President Prudential Capital Group Prudential Capital Group Two Prudential Plaza Two Prudential Plaza Suite 5600 Suite 5600 Chicago, Illinois 60601 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 Facsimile: (000) 000-0000 Tan Vu Vice President Prudential Capital Group Xxx Xxxxxxxxxx Xxxxx Xxxxx 0000 Xxxxxxx, Xxxxxxxx 00000 Telephone: (000) 000-0000

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

Amendment of Certain Agreements. Upon the execution of this Agreement by the Company and Prudential, paragraph 5 and 6 of the Existing Agreement are hereby amended in their entirety so as to read as set forth, respectively, in paragraphs 5 and 6 of this Agreement and defined terms and cross references used in paragraphs 5 and 6 of the Existing Agreement, as amended hereby, shall be deemed to have the respective meanings ascribed thereto in, and refer to paragraphs in, this Agreement; PROVIDED, HOWEVER, that any reference to a “Note” or “Notes” in the Existing Agreement, as amended hereby, shall mean the notes issued under and pursuant to the Existing Agreement. No termination of this Agreement in whole or in part or any modification hereof, shall affect the continued applicability of this paragraph and the covenants referred to herein to the Existing Agreement. In addition, upon the execution of this Agreement by the Company and Prudential (i) the amounts “$1,000,000” and “$5,000,000” appearing in paragraph 7A(iii) of the Existing Agreement are hereby deleted and the amounts “$5,000,000 and “$10,000,000” are hereby respectively substituted therefor and (ii) paragraphs 7A(xii) and 10C of the Existing Agreement and paragraphs 3(xi) and 5B of the Inducement Agreement are amended and restated in their entirety so as to read as set forth in paragraph 7A(xii) of this Agreement (in the case of paragraphs 7A(xii) of the Existing Agreement and 3(xi)of the Inducement Agreement) and 10C of this Agreement (in the case of paragraph 10C of the Existing Agreement and paragraph 5B of the Inducement Agreement). Very truly yours, BEARINGS, INC. By: ______________________________________ /s/ Xxxx X. Xxxxxxx Xxxx X. Xxxxxxx Vice President and Treasurer And: /s/ Xxxxxx X. Xxxxxxx Xxxxxx X. Xxxxxxx Secretary The foregoing Agreement is hereby accepted as of the date first above written. PGIMPRUDENTIAL INVESTMENT MANAGEMENT, INC. By: _________________________________ /s/ P. Xxxxx xxx Xxxxxxx Vice President EXHIBIT A INFORMATION SCHEDULE Authorized Officers for Prudential

Appears in 1 contract

Samples: Applied Industrial Technologies Inc

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