XXXXXX COMPANY. By: /s/ Xxxxxxx Xxxxx
XXXXXX COMPANY. By By -------------------------------- ----------------------------------- Name: Name: Title: Title: --------------------
XXXXXX COMPANY. By: /s/ Xxxxxx Xxxxxx ----------------------------- Title: Vice President and CFO THE CHASE MANHATTAN BANK as Agent and as a Lender By: /s/ Xxxxxx Xxxxx ----------------------------- Title: Vice President The Lenders: ----------- GENERAL ELECTRIC CAPITAL CORPORATION By: /s/ illegible ----------------------------- Title: Duly Authorized BANK OF MONTREAL By: /s/ Xxxxxxx X. Xxxxxx ----------------------------- Title: Managing Director BHT-BANK AKTIENGESELLSCHAFT By: /s/ Xxxxx Xxxx ------------------------------- Title: Assistant Vice President CITICORP U.S.A. INC. By: /s/ Xxxxx Xxxxxx ------------------------------- Title: Vice President DRESDNER BANK AG, NEW YORK AND GRAND CAYMAN BRANCHES By:____________________________________ Title: By:____________________________________ Title: MARINE MIDLAND BANK PLC By: /s/ X.X. Xxxxx ------------------------------- Title: Senior Vice President SOCIETE GENERALE By: /s/ Xxxx X. Stock ------------------------------- Title: Vice President XXX XXXX XX XXX XXXX By: /s/ Xxxxx X. Judge --------------------------------- Title: Vice President THE BANK OF NOVA SCOTIA By: /s/ illegible --------------------------------- Title: Authorized Signatory THE CIT GROUP/BUSINESS CREDIT, INC. By: /s/ illegible --------------------------------- Title: Vice President THE FIRST NATIONAL BANK OF BOSTON By: _________________________________ THE INDUSTRIAL BANK OF JAPAN, LIMITED By: /s/ Takya Houji --------------------------------- Title: Senior Vice President THE LONG-TERM CREDIT BANK OF JAPAN, LIMITED NEW YORK BRANCH By: /s/ illegible ---------------------------------- Title: Deputy General Manager THE MITSUBISHI TRUST AND BANKING CORPORATION By: /s/ Xxxxxxxx Xxxxx xx Xxxx -------------------------------- Title: Senior Vice President XXXXXXX XXXXX SENIOR FLOATING RATE FUND, INC. By: /s/ Xxxxxx Xxxxxxxx -------------------------------- Title: Authorized Signatory SENIOR HIGH INCOME PORTFOLIO, INC. By: /s/ Xxxxxx Xxxxxxxx -------------------------------- Title: Authorized Signatory XXXXXXX XXXXX PRIME RATE PORTFOLIO By: Xxxxxxx Xxxxx Asset Management, L.P., as Investment Advisor By: /s/ Xxxxxx Xxxxxxxx -------------------------------- Title: Authorized Signatory XXX XXXXXX AMERICAN CAPITAL PRIME RATE INCOME TRUST By: /s/ Xxxxxxx Xxxxxxx -------------------------------- Title: Senior Vice President/ Portfolio Manager SENIOR DEBT PORTFOLIO By: Boston Management and Research, as Investment Advisor By:/s/ Xxxxx X. Page ------------------------------- ...
XXXXXX COMPANY. By ______________________________________ Its __________________________________ Attest: ________________________________________ _________________________________________ Warrant Agent By ______________________________________ Its___________________________________ Attest: [Form of Warrant] Unless extended, Void After 3:30 P.M., New York City time, _______* _______, ____ [IF THE WARRANTS ARE ATTACHED TO OTHER SECURITIES, INSERT THE FOLLOWING -- [UNTIL ______________,] THE WARRANTS REPRESENTED BY THIS CERTIFICATE SHALL NOT BE TRANSFERABLE APART FROM THE _____________ TO WHICH THEY ARE ATTACHED, ANY TRANSFER OF THE _____________ SHALL BE DEEMED A TRANSFER OF THE WARRANTS ATTACHED THERETO, AND ANY ATTEMPT OF TRANSFER THE WARRANTS APART FROM THE _____________ SHALL BE VOID AND OF NO EFFECT.] No. ___ Warrant to Purchase ____ Shares of Common Stock CLASS __ WARRANT X.X. XXXXXX COMPANY FOR VALUE RECEIVED, X.X. Xxxxxx Company (the "Company"), upon the surrender [after _______________] and prior to 3:30 P.M., New York City time, ________* _______, ____ (unless extended) of this Warrant for exercise, with the exercise form on the reverse side hereof duly executed, at the office of ______________________, will sell and deliver or cause to be sold and delivered to __________________ or assigns (the "Warrant Holder") a certificate or certificates for the number of whole shares purchasable, as indicated above, of fully paid and non-assessable shares of Common Stock ($1.00 par value) of the Company (the "Shares"), for which this Warrant is exercised, at a price of $_____ per Share (the "Warrant Price"), subject to all the terms, provisions and conditions of a Common Stock Warrant Agreement dated as of ____________, ____ (the "Warrant Agreement"), executed by the Company and _________________________________________________ (the "Warrant Agent"), which Warrant Agreement is hereby incorporated herein by reference and made a part hereof.
1. The Warrant Price shall be payable [in cash, certified check, bank draft, postal or express money order or by bank wire transfer, in each case,] [by bank wire transfer] in immediately available funds, payable in United States dollars, to the order of the Warrant Agent. In certain events the Warrant Price and the number of Shares deliverable on exercise of this Warrant are subject to adjustments, as provided in the Warrant Agreement. No certificates for a fractional Share will be issued. As to any fraction of a Share which would --------...
XXXXXX COMPANY. By:_______________________________
XXXXXX COMPANY. By: As its: [The Executive]
XXXXXX COMPANY. X. Xxxxxx is a leading manufacturer, fabricator, and distributor of products and services for rail, construction, energy and utility markets with locations in North America and Europe. Please visit our website: xxx.xxxxxxxx.xxx.
XXXXXX COMPANY. By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X.X Xxxxxxx By: /s/ X Xxxxxxxx By: /s/ X. xx Xxxxx By: /s/ X. Xxxxxxx By: /s/ Xx. X. Wurdinger By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxx By: /s/ X. Xxxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxx Xxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxx By: /s/ X. Xxxxxx By: /s/ X.X. Xxxxxxx By: /s/ X. Xxxxxxx By: /s/ X. Xxxxx By: /s/ X.X. Xxxxxxx
XXXXXX COMPANY as the Company
XXXXXX COMPANY. By: Its: Chairman of the Board, President and Chief Executive Officer «Participant» Performance Unit payment will be based on X.X. Xxxxxx Company’s relative increase/decrease in Return On Invested Capital (ROIC) versus 19 Peer Group Companies (See Exhibit B). The Committee will be comparing average performance in fiscal years 2003-2005 versus average performance in fiscal years 2000 – 2002.
X. Xxxxxx Company falls within the first quartile of ranking (positions 1-5) the Performance Units will be paid at the Superior Performance level. If X.X. Xxxxxx Company falls within the second quartile of ranking (positions 6-10), the Performance Units will be paid at the Target Performance level. If X.X. Xxxxxx Company falls within the third or fourth quartiles (positions 11-20), the Performance Units will not be paid. 3M (MMM) A Xxxxxxxx (SHLM) Air Products (APD) Albemarle (ALB) Arch Chemicals (ARJ) Xxxxx Xxxxxxxx (AVY) Xxxxx (BMS) Ecolab (ECL) Engelhard (EC) Ferro (FOE) Great Lakes Chemical (GLK)
X. Xxxxxx (FUL)
