Manitex International, Inc. Sample Contracts
MANITEX INTERNATIONAL, INC. Shares of Common Stock (no par value per share) Controlled Equity OfferingSM Sales AgreementSales Agreement • January 23rd, 2017 • Manitex International, Inc. • Special industry machinery, nec • New York
Manitex International, Inc., a Michigan corporation (the “Company”), confirms its agreement (this “Agreement”) with Cantor Fitzgerald & Co. (the “Agent”), as follows:
Standard Contracts
MANITEX INTERNATIONAL, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC Rights Agent RIGHTS AGREEMENT Dated as of October 17, 2008Rights Agreement • October 21st, 2008 • Manitex International, Inc. • Special industry machinery, nec • Michigan
THIS AGREEMENT, dated as of October 17, 2008, between MANITEX INTERNATIONAL, INC., a Michigan corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC (the “Rights Agent”).
AGREEMENT AND PLAN OF MERGER by and among Tadano Ltd., Lift SPC Inc. and Manitex International, Inc. Dated as of September 12, 2024Merger Agreement • November 7th, 2024 • Manitex International, Inc. • Special industry machinery, nec • Delaware
This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 12, 2024, is made by and among Tadano Ltd., a Japanese corporation (“Parent”), Lift SPC Inc., a Michigan corporation and a direct, wholly owned subsidiary of Parent (“Merger Sub”), and Manitex International, Inc., a Michigan corporation (the “Company”). Parent, Merger Sub and the Company are referred to herein individually as a “Party” and collectively as the “Parties.” Capitalized terms used in this Agreement and not otherwise defined herein shall have the respective meanings ascribed to such terms in Article 1.
ContractSecurities Agreement • September 11th, 2007 • Veri-Tek International, Corp. • Special industry machinery, nec
NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.
EMPLOYMENT AGREEMENTEmployment Agreement • October 5th, 2020 • Manitex International, Inc. • Special industry machinery, nec • Illinois
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made this 1st day of October, 2020, (the “Effective Date”) by and between Joseph Doolan (“Employee”) and Manitex International, Inc. a Michigan corporation, whose address is 9725 S. Industrial Drive, Bridgeview, Illinois 60455 (the “Company”).
CREDIT AGREEMENT dated as of December 19, 2014 among A.S.V., INC., The Lenders Party Hereto and JPMORGAN CHASE BANK, N.A., as Administrative Agent CHASE BUSINESS CREDITCredit Agreement • December 23rd, 2014 • Manitex International, Inc. • Special industry machinery, nec • Illinois
CREDIT AGREEMENT dated as of December 19, 2014 (as it may be amended or modified from time to time, this “Agreement”) among A.S.V., INC., a Minnesota corporation, the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
SECURITY AGREEMENTSecurity Agreement • August 21st, 2013 • Manitex International, Inc. • Special industry machinery, nec • Michigan
THIS SECURITY AGREEMENT (the “Agreement”) dated as of August 19, 2013, is entered into by and among the US Borrowers (as defined below), Liftking, Inc., a Michigan corporation and Manitex, LLC, a Delaware limited liability company, and such other entities which from time to time become parties hereto (collectively, including the US Borrowers, the “Debtors” and each individually a “Debtor”) and Comerica Bank (“Comerica”), as Agent for and on behalf of the US Lenders (as defined below) and on behalf of the Canadian Lenders (as defined below) (in such capacity, the “Agent”).
GuarantyGuaranty • July 1st, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan
As of June 29, 2011, the undersigned, for value received, unconditionally and absolutely guarantee(s) to Comerica Bank (“Bank”), payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness (“Indebtedness”) to the Bank of Manitex, Inc., a Texas corporation (“Borrower”). Indebtedness includes without limit any and all obligations or liabilities of the Borrower to the Bank, whether absolute or contingent, direct or indirect, voluntary or involuntary, liquidated or unliquidated, joint or several, known or unknown; any and all indebtedness, obligations or liabilities for which Borrower would otherwise be liable to the Bank were it not for the invalidity, irregularity or unenforceability of them by reason of any bankruptcy, insolvency or other law or order of any kind, or for any other reason; any and all amendments, modifications, renewals and/or extensions of any of the above; and all costs of collecting Indebtedness, including,
SECURITY AGREEMENT (All Assets)Security Agreement • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan
As of December 23, 2011 for value received, the undersigned, MANITEX INTERNATIONAL, INC., a Michigan corporation (“Debtor”), grants to COMERICA BANK, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”), whose address is 39200 Six Mile Road, Livonia, Michigan 48152 , Attention: Commercial Loan Documentation, Mail Code 7578, a continuing security interest and lien (any pledge, assignment, security interest or other lien arising hereunder is sometimes referred to herein as a “security interest”) in the Collateral (as defined below) to secure payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future indebtedness to the Bank of MANITEX LIFTKING, ULC, an Alberta corporation (“Borrower”) arising under the Amended and Restated Master Revolving Note in the original principal amount of SIX MILLION FIVE HUNDRED THOUSAND AND 00/100 US DOLLARS (US$6,500,000.00) dated December ___, 2011 by the Borrower in favo
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • November 16th, 2006 • Veri-Tek International, Corp. • Special industry machinery, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of November 3, 2006, among Veri-Tek International, Corp., a Michigan corporation (the “Company”), and the investors listed on the Schedule of Buyers attached hereto as Annex A and identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).
Assignment and Assumption of LeaseAssignment and Assumption of Lease • November 12th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
This ASSIGNMENT AND ASSUMPTION OF LEASE (this “Agreement”) is entered into as of October 31, 2003 (the “Effective Date”) by and among Veri-Tek International Corp., a Michigan corporation (“Assignor”), Quantum-Veritek, Inc., a Michigan corporation (“Assignee”), and Pontiac Trial, LLC, a Michigan limited liability company (“Landlord”). Assignor, Assignee and Landlord are referred to collectively herein as the “Parties.”
GuarantyGuaranty • December 30th, 2011 • Manitex International, Inc. • Special industry machinery, nec • Michigan
The undersigned, MANITEX INTERNATIONAL, INC., a Michigan corporation, for value received, unconditionally and absolutely guarantee(s) to COMERICA BANK, a Texas banking association and authorized foreign bank under the Bank Act (Canada) (“Bank”), and to the Bank’s successors and assigns, payment when due, whether by stated maturity, demand, acceleration or otherwise, of all existing and future Indebtedness (as hereinafter defined) to the Bank of MANITEX LIFTKING, ULC, an Alberta corporation, or any successor in interest, including, without limit, any debtor-in-possession or trustee in bankruptcy which succeeds to the interest of this party or person (jointly and severally the “Borrower”). “Indebtedness” shall mean any and all indebtedness, obligations or liabilities of the Borrower to the Bank, arising under the Amended and Restated Master Revolving Note in the original principal amount of SIX MILLION FIVE HUNDRED THOUSAND AND 00/100 US DOLLARS (US$6,500,000.00) dated December ___, 2011
Assignment and Assumption of Equipment LeaseAssignment and Assumption of Equipment Lease • November 12th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
This ASSIGNMENT AND ASSUMPTION OF EQUIPMENT LEASE (this “Agreement”) is entered into as of October 31, 2003 (the “Effective Date”) by and among Veri-Tek International Corp., a Michigan corporation (“Assignor”), Quantum-Veritek, Inc., a Michigan corporation (“Assignee”), and Pontiac Trail, LLC, a Michigan limited liability company (“Lessor”). Assignor, Assignee and Lessor are referred to collectively herein as the “Parties.”
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 16th, 2006 • Veri-Tek International, Corp. • Special industry machinery, nec • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of November 3, 2006, by and among Veri-Tek International, Corp., a Michigan corporation (the “Company”), and the investors signatory hereto (each a “Investor” and collectively, the “Investors”).
CREDIT AGREEMENT dated as of December 19, 2014 among A.S.V., INC., The Lenders Party Hereto and GARRISON LOAN AGENCY SERVICES LLC, as Administrative AgentCredit Agreement • December 23rd, 2014 • Manitex International, Inc. • Special industry machinery, nec • New York
CREDIT AGREEMENT dated as of December 19, 2014 (as it may be amended or modified from time to time, this “Agreement”) among A.S.V., INC., a Minnesota corporation (“Borrower”), the other Loan Parties party hereto, the Lenders party hereto and GARRISON LOAN AGENCY SERVICES LLC (“GLAS”), as Administrative Agent (in such capacity, “Administrative Agent”).
SUBSCRIPTION AGREEMENTSubscription Agreement • September 25th, 2013 • Manitex International, Inc. • Special industry machinery, nec • New York
This subscription agreement (this “Subscription Agreement”) is made as of September , 2013 by and between the investor identified on the signature page hereto (“Purchaser”) and Manitex International, Inc., a Michigan corporation (the “Company”), and the parties hereto agree as follows:
AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JANUARY 9, 2015 BY AND AMONG MANITEX INTERNATIONAL, INC., MANITEX, INC., MANITEX SABRE, INC., BADGER EQUIPMENT COMPANY, AND MANITEX LOAD KING, INC., AS THE US BORROWERS, MANITEX LIFTKING ULC, AS THE...Credit Agreement • January 12th, 2015 • Manitex International, Inc. • Special industry machinery, nec • Michigan
This Amended and Restated Credit Agreement (including all exhibits and schedules hereto, as the same may be amended, modified and/or restated from time to time, this “Agreement”) is entered into as of the 9th day of January, 2015, by and among MANITEX INTERNATIONAL, INC., a Michigan corporation, MANITEX, INC., a Texas corporation, MANITEX SABRE, INC., a Michigan corporation, BADGER EQUIPMENT COMPANY, a Minnesota corporation, and MANITEX LOAD KING, INC., a Michigan corporation (each, individually a “US Borrower,” and collectively the “US Borrowers”) and MANITEX LIFTKING, ULC, an Alberta company (the “Canadian Borrower” and, together with the US Borrowers, the “Borrowers” and each individually, a “Borrower”), the other Credit Parties from time to time party hereto, Comerica Bank, a Texas banking association (in its individual capacity, “Comerica”), as US Agent, US Swing Line Lender, a US Issuing Lender and a US Lender, COMERICA BANK, a Texas banking association and authorized foreign ban
ContractSubordinated Note Agreement • February 10th, 2005 • Veri-Tek International, Corp. • Special industry machinery, nec
THIS AMENDED AND RESTATED AGREEMENT (“Agreement”) is made effective as of the 30th day of October 2004, by and between Quantum Value Partners, LP, a Delaware limited partnership, of 33 Bloomfield Hills Pkwy, Ste. 240, Bloomfield Hills, MI 48304 (“QVP”), and Veri-Tek International Corp., of 50120 Pontiac Trail, Wixom, MI 48335 (“Veritek”).
Manitex International Inc. Bridgeview, IL 60455 ((USA)Investment Agreement • July 25th, 2014 • Manitex International, Inc. • Special industry machinery, nec
COMMERCIAL LEASECommercial Lease • August 21st, 2013 • Manitex International, Inc. • Special industry machinery, nec • Indiana
Agreement for Lease (“Lease”) made as of the 1st day of January, 2009, by and between Sabre Realty, LLC, hereinafter called “Lessor”, and Sabre Manufacturing, LLC, hereinafter called “Lessee”.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 17th, 2016 • Manitex International, Inc. • Special industry machinery, nec
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of March 15, 2016 by and among A.S.V., LLC, a Minnesota limited liability company (“Borrower”), the Guarantors party hereto, together with Borrower, each a “Loan Party” and collectively, the “Loan Parties”), the “Pledgors” party hereto (collectively, the “Pledgors”), the Lenders party hereto from time to time and GARRISON LOAN AGENCY SERVICES LLC, as administrative agent for Lenders (in such capacity, “Administrative Agent”). Capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Credit Agreement (as hereinafter defined).
SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • August 31st, 2007 • Veri-Tek International, Corp. • Special industry machinery, nec • New York
This Securities Purchase Agreement (this “Agreement”) is dated as of August 30, 2007, among Veri-Tek International, Corp., a Michigan corporation (the “Company”), and the investors listed on the Schedule of Buyers attached hereto as Annex A and identified on the signature pages hereto (each, an “Investor” and collectively, the “Investors”).
REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT PNC BANK, NATIONAL ASSOCIATION (AS A LENDER AND AS ADMINISTRATIVE AGENT) WITH A.S.V., LLC AND EACH PERSON JOINED HERETO AS A BORROWER OR GUARANTOR (COLLECTIVELY, THE “LOAN PARTIES”) DECEMBER 23, 2016Revolving Credit, Term Loan and Security Agreement • December 29th, 2016 • Manitex International, Inc. • Special industry machinery, nec
Revolving Credit, Term Loan and Security Agreement dated as of December 23, 2016 among A.S.V., LLC, a limited liability company formed under the laws of the State of Minnesota (“ASV”, together with each Person joined hereto as a borrower from time to time, collectively, the “Borrowers” and each a “Borrower”; the Borrowers together with the Guarantors (as defined below), collectively the “Loan Parties” and each a “Loan Party”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for Lenders (PNC, in such capacity, the “Administrative Agent”).
PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • September 25th, 2013 • Manitex International, Inc. • Special industry machinery, nec • New York
properties pursuant to any material agreement, contract or instrument known to us to which the Company is a party or by which it is bound. For purposes of the foregoing, we have assumed that the only material agreements, contracts or instruments to which the Company is a party or by which it is bound are those listed as exhibits to the Company’s most recent Annual Report on Form 10-K, the Company’s most recent Quarterly Report on Form 10-Q and the Company’s Current Reports on Form 8-K filed with the Commission on April 8, 2013 and August 21, 2013.
SHARE PURCHASE AGREEMENTShare Purchase Agreement • October 3rd, 2016 • Manitex International, Inc. • Special industry machinery, nec • Michigan
THIS SHARE PURCHASE AGREEMENT (this “Agreement”) is entered into as of this 30th day of September, 2016, by and between MANITEX INTERNATIONAL, INC., a Michigan corporation (“Manitex”), LIFTKING, INC., a Michigan corporation (“Liftking Parent”), LIFTKING ACQUISITION ULC, an Alberta unlimited liability company (“Buyer”) and MI-JACK PRODUCTS, INC., an Illinois corporation (“Buyer Parent”).
QUANTUM VALUE PARTNERS, LP. 20% SUBORDINATED NOTE DUE 2008Subordinated Note • November 12th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec
FOR VALUE RECEIVED, the undersigned, Quantum-Veritek, Inc. a Michigan corporation (the “Company”), hereby promises to pay to the order of Quantum Value Partners, LP (“Payee”), at Payee’s address as specified below (or at such other place as the holder of this Note (the “Holder”) may from time to time hereafter direct by notice in writing to the Company), the principal amount of $5,900,000 on August 1, 2008 (the “Maturity Date”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 15th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
This EMPLOYMENT AGREEMENT (“Agreement”), dated October 31, 2003, between James Juranitch, whose address is W360, N8251 Brown Street, Oconomowoc, WI 53066 (“Employee” and/or “Juranitch”) and Quantum-Veritek, Inc., whose address is 28213 Van Dyke Ave, Warren, Michigan 48093, a Michigan limited liability company (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 4th, 2023 • Manitex International, Inc. • Special industry machinery, nec • Illinois
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made as of the 11th day of April, 2022 (the “Effective Date”), by and between Michael Coffey (“Employee”) and Manitex International, Inc. a Michigan corporation, whose address is 9725 S. Industrial Drive, Bridgeview, Illinois 60455 (the “Company”).
FIRST AMENDMENT TO COMMERCIAL LEASECommercial Lease • August 21st, 2013 • Manitex International, Inc. • Special industry machinery, nec
THIS FIRST AMENDMENT TO COMMERCIAL LEASE (this “Amendment”) is made and entered into as of this 19th day of August, 2013, by and between SABRE REALTY, LLC (“Lessor”), and MANITEX SABRE, INC., a Michigan corporation (“Lessee”).
SUBORDINATION AGREEMENT (All Indebtedness and Liens)Subordination Agreement • November 12th, 2004 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
Quantum-Veritek, Inc. (“Borrower”) is indebted to the undersigned (“Creditor”) in the principal sum of Five Million Nine Hundred Thousand Dollars ($5,900,000) evidenced by ¨ an open account x a promissory note ¨ other (describe) N/A which indebtedness is ¨ unsecured x secured by all personal property of Borrower and Creditor is or may become financially interested in Borrower and desires to aid Borrower in obtaining or having continued financial accommodations, whether by way of loan, commitment to loan, discounting of instruments, extensions of credit or the obtaining of any other financial aid from Comerica Bank (“Bank”).
FIRST AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND CONSENTRevolving Credit, Term Loan and Security Agreement • April 27th, 2017 • Manitex International, Inc. • Special industry machinery, nec
This FIRST AMENDMENT TO REVOLVING CREDIT, TERM LOAN AND SECURITY AGREEMENT AND CONSENT (this “First Amendment”) is entered into as of April 25, 2017, by and among A.S.V., LLC, a limited liability company formed under the laws of the State of Minnesota (“ASV”, together with each Person joined hereto as a borrower from time to time, collectively, the “Borrowers” and each a “Borrower”; the Borrowers together with the Guarantors, collectively the “Loan Parties” and each a “Loan Party”), the Permitted Holders (the Permitted Holders together with the Loan Parties, collectively, the “Obligors” and each an “Obligor”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and each individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as Administrative Agent for Lenders (PNC, in such capacity, the “Administrative Agent”) with respect to the following:
AMENDMENT NO. 2 TO CREDIT AGREEMENTCredit Agreement • March 17th, 2016 • Manitex International, Inc. • Special industry machinery, nec • Illinois
AMENDMENT NO. 2 TO CREDIT AGREEMENT (this “Amendment”) dated as of March 15, 2016 among A.S.V., LLC, a Minnesota limited liability company (formerly known as A.S.V., INC.) (the “Borrower”), the other Loan Parties party hereto, the Lenders party hereto, and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
ContractSecurities Purchase Agreement • November 16th, 2006 • Veri-Tek International, Corp. • Special industry machinery, nec
NEITHER THESE SECURITIES NOR THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES HAVE BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION OR THE SECURITIES COMMISSION OF ANY STATE IN RELIANCE UPON AN EXEMPTION FROM REGISTRATION UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND, ACCORDINGLY, MAY NOT BE OFFERED OR SOLD EXCEPT PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OR PURSUANT TO AN AVAILABLE EXEMPTION FROM, OR IN A TRANSACTION NOT SUBJECT TO, THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND IN ACCORDANCE WITH APPLICABLE STATE SECURITIES LAWS AS EVIDENCED BY A LEGAL OPINION OF COUNSEL TO THE TRANSFEROR TO SUCH EFFECT, THE SUBSTANCE OF WHICH SHALL BE REASONABLY ACCEPTABLE TO THE COMPANY. THESE SECURITIES AND THE SECURITIES ISSUABLE UPON EXERCISE OF THESE SECURITIES MAY BE PLEDGED IN CONNECTION WITH A BONA FIDE MARGIN ACCOUNT SECURED BY SUCH SECURITIES.
SETTLEMENT AGREEMENT AND COMPLETE AND PERMANENT RELEASESettlement Agreement • March 14th, 2006 • Veri-Tek International, Corp. • Special industry machinery, nec • Michigan
THIS AGREEMENT is made and entered into as of this 10th day of March 2006, by and between Todd Antenucci (hereinafter “Antenucci”), and Veri-Tek International Corp., a Michigan corporation, whose address is 50120 Pontiac Trail, Wixom, Michigan (hereinafter referred to as “Veri-Tek”).
Manitex International, Inc. Nonqualified Stock Option Award AgreementNonqualified Stock Option Award Agreement • June 3rd, 2022 • Manitex International, Inc. • Special industry machinery, nec • Michigan
This Nonqualified Stock Option Award Agreement (“Agreement”) is made and entered into as of May 3, 2022 (the “Grant Date”), by and between Manitex International, Inc., a Michigan corporation (“Company”), and Mike Coffey (“Participant”) (the Company and Participant, each, a “Party”).
