Douglas Dynamics, Inc Sample Contracts
] Shares DOUGLAS DYNAMICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 22nd, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • New York
Standard Contracts
5,000,000 Shares DOUGLAS DYNAMICS, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 13th, 2011 • Douglas Dynamics, Inc • Construction machinery & equip • New York
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • May 3rd, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • New York
CREDIT AND GUARANTY AGREEMENT, dated as of May 21, 2007 (the “Agreement”), by and among Douglas Dynamics, Inc., a Delaware corporation (“Holdings”), Douglas Dynamics, L.L.C., a Delaware limited liability company and a direct wholly-owned Subsidiary of Holdings (the “Company” or the “Borrower”), Fisher, LLC, a Delaware limited liability company (“Fisher”) and Douglas Dynamics Finance Company, a Delaware corporation (“DD Finance,” and together with Fisher and Holdings, each a “Guarantor” and collectively the “Guarantors”) the banks and financial institutions listed on the signature pages hereof (together with their respective successors and assigns, each individually referred to herein as a “Lender” and collectively as “Lenders”), Credit Suisse AG, Cayman Islands Branch (“Credit Suisse”), as sole bookrunner and sole lead arranger (the “Arranger”), Credit Suisse, as syndication agent (“Syndication Agent”), Credit Suisse, as documentation agent (the “Documentation Agent”), Credit Suisse as
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • August 1st, 2023 • Douglas Dynamics, Inc • Construction machinery & equip • New York
CREDIT AGREEMENT, dated as of June 9, 2021 (this “Agreement”), among DOUGLAS DYNAMICS, L.L.C., the other Borrowers and SUBSIDIARY GUARANTORS party hereto, the LENDERS party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT dated as of June 8, 2020, among DOUGLAS DYNAMICS, L.L.C., DOUGLAS DYNAMICS FINANCE COMPANY, FISHER, LLC, TRYNEX INTERNATIONAL LLC, HENDERSON ENTERPRISES GROUP, INC. HENDERSON PRODUCTS, INC. and...Credit and Guaranty Agreement • June 11th, 2020 • Douglas Dynamics, Inc • Construction machinery & equip • New York
THIRD AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of June 8, 2020 (the “Agreement”), by and among Douglas Dynamics, Inc., a Delaware corporation (“Holdings”), Douglas Dynamics, L.L.C., a Delaware limited liability company and a direct wholly-owned Subsidiary of Holdings (the “Company”), Fisher, LLC, a Delaware limited liability company (“Fisher”), Douglas Dynamics Finance Company, a Delaware corporation (“DD Finance”), Trynex International LLC, a Delaware limited liability company formerly known as Acquisition Tango LLC (“Trynex”), Henderson Enterprises Group, Inc., a Delaware corporation (“HEG”), Henderson Products, Inc., a Delaware corporation (“HPI”), Dejana Truck & Utility Equipment Company, LLC, a Delaware limited liability company (“Dejana”), the Lenders party hereto, JPMorgan Chase Bank, N.A. (“JPMCB”), as Collateral Agent, and JPMCB as Administrative Agent.
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • February 27th, 2024 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Amended and Restated Employment Agreement (“Agreement”) is entered into as of October 31, 2022 (the “Effective Date”) by and between Robert McCormick, an individual (“Executive”), Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”), and Douglas Dynamics, Inc., a Delaware corporation and the parent entity of the Company (“Douglas”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 22nd, 2022 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Employment Agreement (“Agreement”) is entered into as of July 31, 2020 (the “Effective Date”) by and between Linda Evans, an individual (“Executive”), and Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”).
DOUGLAS DYNAMICS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN AMENDED AND RESTATED MANAGEMENT NON-QUALIFIED OPTION AGREEMENTNon-Qualified Stock Option Agreement • April 20th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Amended and Restated Non-Qualified Stock Option Agreement (“Agreement”) is made and entered into as of , 2010 by and between Douglas Dynamics, Inc., a Delaware corporation (the “Company”), and the person named below as Optionee.
EMPLOYMENT AGREEMENTEmployment Agreement • March 25th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Employment Agreement (“Agreement”) is entered into as of March 30, 2004 by and between James L. Janik, an individual (“Executive”), and Douglas Dynamics Holdings, Inc., a Delaware corporation (the “Company”).
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (James L. Janik)Employment Agreement • May 2nd, 2011 • Douglas Dynamics, Inc • Construction machinery & equip
This AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into, effective as of May 4, 2010 (the “Effective Date”), by and between James L. Janik (“Executive”) and Douglas Dynamics, Inc., a Delaware corporation (the “Company”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • February 26th, 2019 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Employment Agreement (“Agreement”) is entered into as of February 22, 2019 by and between Robert McCormick, an individual (“Executive”), and Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”).
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (Robert McCormick)Employment Agreement • May 2nd, 2011 • Douglas Dynamics, Inc • Construction machinery & equip
This AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into, effective as of May 4, 2010 (the “Effective Date”), by and between Robert McCormick (“Executive”) and Douglas Dynamics, Inc., a Delaware corporation (the “Company”).
THE EXECUTIVE NONQUALIFIED "EXCESS" PLAN ADOPTION AGREEMENTAdoption Agreement • March 13th, 2012 • Douglas Dynamics, Inc • Construction machinery & equip
WHEREAS, the provisions of the Plan are intended to comply with the requirements of Section 409A of the Code and the regulations thereunder and shall apply to amounts subject to section 409A; and
DOUGLAS DYNAMICS HOLDINGS, INC. NON-QUALIFIED OPTION AGREEMENTNon-Qualified Stock Option Agreement • April 20th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Non-Qualified Stock Option Agreement (“Agreement”) is made and entered into as of , (the “Date of Grant”) by and between Douglas Dynamics Holdings, Inc., a Delaware corporation (the “Company”), and the person named below as Optionee.
DOUGLAS DYNAMICS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN SECOND AMENDED AND RESTATED MANAGEMENT NON-QUALIFIED OPTION AGREEMENTManagement Non-Qualified Option Agreement • May 2nd, 2011 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Second Amended and Restated Non-Qualified Stock Option Agreement (“Agreement”) is made and entered into as of May 7, 2010 by and between Douglas Dynamics, Inc., a Delaware corporation (the “Company”), and the person named below as Optionee.
SECURITIES REPURCHASE AND CANCELLATION AGREEMENTSecurities Repurchase and Cancellation Agreement • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Securities Repurchase and Cancellation Agreement (the “Agreement”) is made and entered into as of December 22, 2008 (the “Effective Date”) by and between James Janik (the “Securityholder”) and Douglas Dynamics Holdings, Inc. (the “Company”).
DOUGLAS DYNAMICS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN SECOND AMENDED AND RESTATED MANAGEMENT INCENTIVE OPTION AGREEMENTManagement Incentive Stock Option Agreement • May 2nd, 2011 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Second Amended and Restated Management Incentive Stock Option Agreement (“Agreement”) is made and entered into as of May 7, 2010 by and between Douglas Dynamics, Inc., a Delaware corporation (the “Company”), and the person named below as Optionee.
Douglas Dynamics, L.L.C. Douglas Dynamics Finance Company (as Issuers) Douglas Dynamics Holdings, Inc. (as a Guarantor) 7¾% Senior Notes due 2012Indenture • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • New York
INDENTURE, dated as of December 16, 2004, among Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”), Douglas Dynamics Finance Company, a Delaware corporation (“Finance Company,” and together with the Company, the “Issuers”), Douglas Dynamics Holdings, Inc., as a Guarantor hereunder, and U.S. Bank National Association, as trustee (the “Trustee”).
SECOND AMENDED AND RESTATED JOINT MANAGEMENT SERVICES AGREEMENTJoint Management Services Agreement • May 2nd, 2011 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Second Amended and Restated Joint Management Services Agreement (the “Agreement”) is made and entered into as of May 10, 2010 by and among Douglas Dynamics, Inc. (formerly known as Douglas Dynamics Holdings, Inc.), a Delaware corporation (the “Company”), Douglas Dynamics, L.L.C., a Delaware limited liability company (“Douglas”), Aurora Management Partners LLC, a Delaware limited liability company (“AMP”), and ACOF Management, L.P., a Delaware limited partnership (“ACOF”), and shall become effective immediately following the closing of the Company’s initial public offering of its common stock (the “Effective Time”).
DOUGLAS DYNAMICS, INC. AMENDED AND RESTATED 2004 STOCK INCENTIVE PLAN AMENDED AND RESTATED MANAGEMENT INCENTIVE OPTION AGREEMENTIncentive Stock Option Agreement • April 20th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Amended and Restated Incentive Stock Option Agreement (“Agreement”) is made and entered into as of , 2010 by and between Douglas Dynamics, Inc., a Delaware corporation (the “Company”), and the person named below as Optionee.
EXHIBIT A [FORM OF NOTE] Douglas Dynamics, L.L.C. and Douglas Dynamics Finance Company 7¾% SENIOR NOTE DUE 2012Senior Note • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • New York
Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”), and Douglas Dynamics Finance Company, a Delaware corporation (the “Finance Company”, and together with the Company, the “Issuers,” which term includes any successors under the Indenture hereinafter referred to), for value received, hereby promises to pay to , or registered assigns, the principal sum of Dollars, on January 15, 2012.
DOUGLAS DYNAMICS, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This INDEMNIFICATION AGREEMENT, dated as of , 2010 (this “Agreement”), is by and between Douglas Dynamics, Inc., a Delaware corporation (the “Company”), and the individual whose name appears below on the signature page (“Indemnitee”).
ASSET PURCHASE AGREEMENT AMONG ACQUISITION TANGO LLC, TRYNEX, INC. AND THE SHAREHOLDERS OF TRYNEX, INC. May 6, 2013Asset Purchase Agreement • May 6th, 2013 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
THIS ASSET PURCHASE AGREEMENT (this “Agreement”) is effective as of May 6, 2013 among Acquisition Tango LLC, a Delaware limited liability company to be renamed Trynex International LLC (“Buyer”), Trynex, Inc., a Michigan corporation doing business as Trynex International (“Seller”), and the undersigned shareholders of Seller (collectively, the “Shareholders”). Capitalized terms used but not otherwise defined in this Agreement have the meanings set forth in Section 8.16.
AMENDMENT AND RESTATEMENT AGREEMENTAmendment and Restatement Agreement • June 11th, 2020 • Douglas Dynamics, Inc • Construction machinery & equip • New York
SECOND AMENDED AND RESTATED CREDIT AND GUARANTY AGREEMENT, dated as of June 8, 2020 (the “Agreement”), by and among Douglas Dynamics, Inc., a Delaware corporation (“Holdings”), Douglas Dynamics, L.L.C., a Delaware limited liability company and a direct wholly-owned Subsidiary of Holdings (the “Company” or the “Borrower”), Douglas Dynamics Finance Company, a Delaware corporation (“DD Finance”), Fisher, LLC, a Delaware limited liability company (“Fisher”), Trynex International LLC, a Delaware limited liability company formerly known as Acquisition Tango LLC (“Trynex”), Henderson Enterprises Group, Inc. (the survivor of a merger with DDIZ Acquisition, Inc.), a Delaware corporation (“HEG”), Henderson Products, Inc., a Delaware corporation (“HPI”), Dejana Truck & Utility Equipment Company, LLC, a Delaware limited liability company (“Dejana” and together with Holdings, DD Finance, Fisher, Trynex, HEG and HPI, each a “Guarantor” and collectively the “Guarantors”), the banks and financial inst
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT AMONG DOUGLAS DYNAMICS, INC. (fka DOUGLAS DYNAMICS HOLDINGS, INC.) AND CERTAIN OF ITS STOCKHOLDERS, OPTIONHOLDERS AND WARRANTHOLDERS DATED AS OF [·], 2010Securityholders Agreement • April 30th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip
THIS SECOND AMENDMENT TO SECOND AMENDED AND RESTATED SECURITYHOLDERS AGREEMENT (the “Amendment”), dated as of [·], 2010, is being entered into by and among Douglas Dynamics, Inc. (formerly known as Douglas Dynamics Holdings, Inc.), a Delaware corporation (the “Company”), Aurora Equity Partners II L.P., a Delaware limited partnership, Aurora Overseas Equity Partners II, L.P., a Cayman Islands exempt limited partnership, Ares Corporate Opportunities Fund, L.P., a Delaware limited partnership, the holders of a majority in voting interests of the Common Stock and Preferred Stock, voting together as a single class, held by the Securityholders, and each of the Class A Securityholders listed on Exhibit A. All capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement (as defined below).
AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (James L. Janik)Employment Agreement • January 4th, 2019 • Douglas Dynamics, Inc • Construction machinery & equip
This AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (“Amendment”) is made and entered into, effective as of January 1, 2019 (the “Effective Date”), by and between James L. Janik (“Executive”) and Douglas Dynamics, Inc., a Delaware corporation (the “Company”).
Douglas Dynamics, Inc. Milwaukee, WI 53223 June 14, 2010Employment Agreement • June 17th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This letter agreement will confirm the terms of your employment as Vice President of Operations of Douglas Dynamics, Inc., a Delaware corporation (the “Company”) and Douglas Dynamics, L.L.C., a Delaware limited liability company and wholly-owned subsidiary of the Company (“Douglas”).
CONSULTING AGREEMENTConsulting Agreement • May 17th, 2024 • Douglas Dynamics, Inc • Construction machinery & equip
THIS AGREEMENT is made, effective as of 9th day of July, 2024 (“Effective Date”), by and between Glenco International, LLC (“Consultant”) and Douglas Dynamics, LLC (the “Company”). The Company and Consultant desire to enter into a relationship whereby Consultant will provide certain services to, and perform certain work for, the Company (the “Services”), which are more particularly described in one or more Statement(s) of Work (“SOW”), in a form similar to that form attached as Exhibit A, which may be provided and/or updated from time to time. The parties agree as follows:
CONSULTING AGREEMENTConsulting Agreement • May 7th, 2019 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
THIS CONSULTING AGREEMENT (this “Agreement”) is entered into on, and effective as of, April 20, 2019 (“Effective Date”), between Andrew Dejana (“Consultant”) and Dejana Truck & Utility Equipment Company, LLC (the “Company”) (together, the “Parties”). In consideration of the terms, conditions, and promises set forth in this Agreement, and in return for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Consultant and the Company agree as follows:
TERM LOAN JOINDER AGREEMENT AND AMENDMENTTerm Loan Joinder Agreement • July 21st, 2016 • Douglas Dynamics, Inc • Construction machinery & equip • New York
This TERM LOAN JOINDER AGREEMENT AND AMENDMENT, dated as of July 15, 2016 (this “Agreement”), by and among Douglas Dynamics, Inc. (“Holdings”), Douglas Dynamics, L.L.C. (the “Company” or the “Borrower”), Douglas Dynamics Finance Company (“DD Finance”), Fisher, LLC (“Fisher”), Trynex International LLC (“Trynex”), Henderson Enterprises Group, Inc. (the survivor of a merger with DDIZ Acquisition, Inc.) (“HEG”), Henderson Products, Inc. (“HPI”) and Acquisition Delta LLC (“Delta” and, together with Holdings, DD Finance, Fisher, Trynex, HEG and HPI, each a “Guarantor” and collectively, the “Guarantors”), the Incremental Lenders (as defined below), JPMorgan Chase Bank, N.A. (“JPMorgan”), as administrative agent for the Incremental Lenders (in such capacity, the “Administrative Agent”) and as collateral agent for the Incremental Lenders (in such capacity, the “Collateral Agent”), and the other Lenders (as defined below) party hereto.
SECOND AMENDMENT TO ASSET PURCHASE AGREEMENTAsset Purchase Agreement • September 26th, 2017 • Douglas Dynamics, Inc • Construction machinery & equip
THIS SECOND AMENDMENT TO ASSET PURCHASE AGREEMENT (this “Second Amendment”) is effective as of September 20, 2017 among Dejana Truck & Utility Equipment Company, LLC, a Delaware limited liability company formerly known as Acquisition Delta LLC (“Buyer), Peter Paul Dejana Family Trust Dated 12/31/98, a Florida trust (the “Trust”), Peteco Kings Park Inc., a New York corporation formerly known as Dejana Truck & Utility Equipment Company, Inc. (“DTUENY”), and, solely in the capacity of representative, attorney-in-fact and agent of the Trust and DTUENY, Andrew Dejana, a resident of the State of New York (“Appointed Agent”).
GUARANTEEGuarantee • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip
The Guarantors listed below (hereinafter referred to as the “Guarantors,” which term includes any successors or assigns under the Indenture, dated the date hereof (the “Indenture”), among the Guarantors, the Issuers (defined below) and U.S. Bank National Association, as trustee, and any additional Guarantors), have irrevocably and unconditionally guaranteed on a senior basis the Guarantee Obligations (as defined in Section 10.1 of the Indenture), which include (i) the due and punctual payment of the principal of, premium, if any, and interest on the 7¾% Senior Notes due 2012 (the “Notes”) of Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”), and Douglas Dynamics Finance Company, a Delaware corporation (the “Finance Company,” and together with the Company, the “Issuers”), whether at maturity, by acceleration, call for redemption, upon a Change of Control Offer, upon an Asset Sale Offer or otherwise, the due and punctual payment of interest on the overdue pri
SECURITIES REPURCHASE AND CANCELLATION AGREEMENTSecurities Repurchase and Cancellation Agreement • March 8th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • Delaware
This Securities Repurchase and Cancellation Agreement (the “Agreement”) is made and entered into as of January 23, 2009 (the “Effective Date”) by and between Robert McCormick (the “Securityholder”) and Douglas Dynamics Holdings, Inc. (the “Company”).
LEASE AGREEMENT by and between AGNL BLIZZARD, L.L.C., a Delaware limited liability company, as LANDLORD and DOUGLAS DYNAMICS, L.L.C., a Delaware limited liability company, as TENANTLease Agreement • September 12th, 2024 • Douglas Dynamics, Inc • Construction machinery & equip • New York
LEASE AGREEMENT (as amended, supplemented or modified, this “Lease”), made as of this 10th day of September, 2024 (the “Effective Date”), between AGNL BLIZZARD, L.L.C., a Delaware limited liability company (together with its successors and assigns “Landlord”), with an address at c/o TPG Angelo Gordon, 245 Park Avenue, 24th Floor New York, New York 10167-0094, and DOUGLAS DYNAMICS, L.L.C., a Delaware limited liability company (together with its permitted successors and permitted assigns, “Tenant”) with an address at 11270 W. Park Place, Suite 300, Milwaukee, Wisconsin 53224.
Douglas Dynamics, L.L.C. Douglas Dynamics Finance Company (as Issuers) Douglas Dynamics Holdings, Inc. (as a Guarantor) 7¾% Senior Notes due 2012Indenture • March 25th, 2010 • Douglas Dynamics, Inc • Construction machinery & equip • New York
INDENTURE, dated as of December 16, 2004, among Douglas Dynamics, L.L.C., a Delaware limited liability company (the “Company”), Douglas Dynamics Finance Company, a Delaware corporation (“Finance Company,” and together with the Company, the “Issuers”), Douglas Dynamics Holdings, Inc., as a Guarantor hereunder, and U.S. Bank National Association, as trustee (the “Trustee”).
