TRUST AGREEMENT OF ACTUANT CORPORATION CAPITAL TRUST IITrust Agreement • July 15th, 2005 • Actuant CORP Capital Trust II • Misc industrial & commercial machinery & equipment • Delaware
This Trust Agreement, dated as of July 12, 2005, between Actuant Corporation, a Wisconsin corporation, as “Depositor,” and Wilmington Trust Company, a Delaware banking corporation, Robert C. Arzbaecher, Terry Braatz and Andrew G. Lampereur, each solely as trustee and not in its or his individual capacity, as “Trustees.” The Depositor and the Trustees hereby agree as follows:
GUARANTEE AGREEMENT between ACTUANT CORPORATION (as Guarantor) andGuarantee Agreement • July 15th, 2005 • Actuant CORP Capital Trust II • Misc industrial & commercial machinery & equipment • New York
This GUARANTEE AGREEMENT, dated as of , [ ], is executed and delivered by ACTUANT CORPORATION, a Wisconsin corporation (the Guarantor) having its principal office at 6100 North Baker Road, Milwaukee, Wisconsin 53209, and , a , as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of Actuant Corporation Capital Trust , a Delaware statutory trust (the “Issuer”)
FORM OF AMENDED AND RESTATED TRUST AGREEMENT AMONG ACTUANT CORPORATION, AS DEPOSITOR, AS PROPERTY TRUSTEE, WILMINGTON TRUST COMPANY, AS DELAWARE TRUSTEE AND THE ADMINISTRATIVE TRUSTEES NAMED HEREIN DATED AS OF [ ] ACTUANT CORPORATION CAPITAL TRUSTTrust Agreement • July 15th, 2005 • Actuant CORP Capital Trust II • Misc industrial & commercial machinery & equipment • Delaware
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ], among (i) Actuant Corporation, a Wisconsin corporation (including any successors or assigns, the “Depositor”), (ii) [ , a ], as property trustee (the “Property Trustee” and, in its separate corporate capacity and not in its capacity as Property Trustee, the “Bank”), (iii) Wilmington Trust Company, a Delaware banking corporation, as Delaware trustee (the “Delaware Trustee”), (iv) Robert C. Arzbaecher, an individual, Terry Braatz, an individual, and Andrew G. Lampereur, an individual, each of whose address is c/o Actuant Corporation, 6100 North Baker Road, Milwaukee, Wisconsin 53209 (each an “Administrative Trustee” and collectively the “Administrative Trustees”) (the Property Trustee, the Delaware Trustee and the Administrative Trustees referred to collectively as the “Trustees”) and (v) the several Holders, as hereinafter defined (this “Trust Agreement”).
