Cascade Corp Sample Contracts

SHARE PURCHASE AGREEMENT March 11, 1997
Share Purchase Agreement • March 26th, 1997 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Ontario
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VOTING AGREEMENT
Voting Agreement • November 15th, 2000 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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AGREEMENT AND PLAN OF MERGER by and among CASCADE CORPORATION, TOYOTA INDUSTRIES CORPORATION and INDUSTRIAL COMPONENTS AND ATTACHMENTS II, INC. Dated as of October 22, 2012
Merger Agreement • November 1st, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of October 22, 2012, is by and among Toyota Industries Corporation, a corporation formed under the laws of Japan (“Parent”), Industrial Components and Attachments II, Inc., a corporation formed under the laws of the State of Delaware and an indirect wholly owned subsidiary of Parent (“Merger Sub”), and Cascade Corporation, a corporation formed under the laws of the State of Oregon (the “Company”).

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EMPLOYMENT AGREEMENT
Employment Agreement • March 26th, 1997 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Ontario
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REGISTRATION RIGHTS AGREEMENT This REGISTRATION RIGHTS AGREEMENT (hereinafter "Agreement") is made and entered into, as of the date below written, by and between CASCADE CORPORATION, a Oregon corporation with its principal offices located at 2020 S.W....
Registration Rights Agreement • March 26th, 1997 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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THIS JUNIOR SUBORDINATED NOTE ("NOTE") WAS ACQUIRED FOR INVESTMENT ONLY AND NOT FOR RESALE. THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAW. THIS NOTE MAY NOT BE SOLD, TRANSFERRED, PLEDGED OR...
Junior Subordinated Note • May 14th, 1999 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Indiana
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March 10, 2012
Severance Agreement • June 8th, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers

The Compensation Committee of the Board of Directors of Cascade Corporation (“Cascade”) has recommended, and the Board has approved, a special severance benefit program for you and certain other key executives. This letter agreement (“Agreement”) describes the severance benefits, the circumstances under which they would be payable, and certain limitations on their overall value. It includes a noncompetition agreement, which was a condition established by the Board.

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FIRST AMENDMENT TO ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • May 14th, 1999 • Cascade Corp • Industrial trucks, tractors, trailors & stackers
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May 25, 2000
Severance Agreement • May 1st, 2001 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

The Compensation Committee of the Board of Directors of Cascade Corporation (Cascade) has recommended, and the Board has approved, a special severance benefit program for you and certain other key executives. This letter agreement describes the severance benefits, the circumstances under which they would be payable, and certain limitations on their overall value. It includes a noncompetition agreement, which was a condition established by the Board.

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TENDER AND VOTING AGREEMENT
Tender and Voting Agreement • November 1st, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This TENDER AND VOTING AGREEMENT (this “Agreement”), dated as of October 22, 2012, by and among Toyota Industries Corporation, a corporation formed under the laws of Japan (“Parent”), Industrial Components and Attachments II, Inc., a corporation formed under the laws of Delaware and an indirect wholly owned subsidiary of Parent (“Merger Sub”), and each of the persons listed on Schedule A hereto (collectively, the “Company Shareholders” and each, a “Company Shareholder”) of Cascade Corporation, a corporation formed under the laws of the state of Oregon (the “Company”). Any capitalized terms used, but not otherwise defined herein, shall have the respective meanings ascribed to such terms in the Merger Agreement, as defined herein.

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SHAREHOLDERS' AGREEMENT The Trustees ( Warren Trustees) of the Robert C. Warren and Nani Swigert Warren Revocable Trust (Trust) and Couphar Ltd. (Couphar) agree as follows: 1. Purpose Trust owns 1,654,592 shares of common stock of Cascade Corporation...
Shareholder Agreement • March 26th, 1997 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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NON-QUALIFIED STOCK OPTION AGREEMENT
Non-Qualified Stock Option Agreement • April 18th, 2005 • Cascade Corp • Industrial trucks, tractors, trailors & stackers
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STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • April 18th, 2005 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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SIXTH AMENDMENT TO LOAN AGREEMENT
Loan Agreement • August 3rd, 2009 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This SIXTH AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of July 29, 2009, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the “Borrower”), the several financial institutions party as of the date hereof to the Loan Amendment referred to below (collectively called the “Lenders” and individually called a “Lender”), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the “Agent”).

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ASSET PURCHASE AGREEMENT BETWEEN PACIFIC SERVICES & MANUFACTURING, INC. A WASHINGTON CORPORATION, SELLER WALTER PISCO, SHAREHOLDER PSM LLC, A WASHINGTON LIMITED LIABILITY COMPANY, BUYER AND CASCADE CORPORATION
Asset Purchase Agreement • December 20th, 2006 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This Asset Purchase Agreement (this “Agreement”) is entered into in Seattle, Washington, on December 14, 2006, by and among Pacific Services & Manufacturing, Inc., a Washington corporation, (the “Seller”); and Walter Pisco, an individual resident of Mercer Island, Washington, owner of 100% of the outstanding capital stock of the Seller (the “Shareholder”); and PSM LLC, a Washington limited liability company (the “Buyer”), and Cascade Corporation, an Oregon corporation (“Cascade”). The Seller, the Shareholder, the Buyer, and Cascade are each a “party” and together are “parties” to this Agreement.

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Cascade Corporation Stock Appreciation Rights and Restricted Stock Plan RESTRICTED STOCK AGREEMENT (Employee)
Restricted Stock Agreement • September 10th, 2007 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This RESTRICTED STOCK AGREEMENT (this “Agreement”) is between Cascade Corporation (“Cascade”), and (“Participant”), and is effective as of (the “Grant Date”).

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AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • December 18th, 2006 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of June 29, 2005, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the “Company”), the several financial institutions party as of the date hereof to the Credit Amendment referred to below (collectively called the “Lenders” and individually called a “Lender”), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the “Agent”).

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AGREEMENT
Retirement Agreement • April 8th, 2008 • Cascade Corp • Industrial trucks, tractors, trailors & stackers
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SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • December 18th, 2006 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of February 24, 2006, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the “Borrower”), the several financial institutions party as of the date hereof to the Credit Amendment referred to below (collectively called the “Lenders” and individually called a “Lender”), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the “Agent”).

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FINAL DRAFT TERM LOAN AGREEMENT (UK Facility) dated as of 15 January 2002 for CASCADE (UK) LIMITED and PRECISION HYDRAULIC CYLINDERS (UK) LIMITED EVERSHEDS Central Square South Orchard Street Newcastle Upon Tyne NE1 3XX
Term Loan Agreement • February 4th, 2002 • Cascade Corp • Industrial trucks, tractors, trailors & stackers

PRECISION HYDRAULIC CYLINDERS (UK) LIMITED (CRN: 04304337) whose registered office is situated at Bassington Industrial Estate, Cramlington, Northumberland, NE23 8AE (the "Borrower"); and

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FOURTH AMENDMENT TO LOAN AGREEMENT
Loan Agreement • April 8th, 2008 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This FOURTH AMENDMENT TO LOAN AGREEMENT (this "Amendment"), dated as of October 3, 2007, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the "Borrower"), the several financial institutions party as of the date hereof to the Loan Amendment referred to below (collectively called the "Lenders" and individually called a "Lender"), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the "Agent").

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AMENDED AND RESTATED LOAN AGREEMENT among CASCADE CORPORATION as Borrower and BANK OF AMERICA, N.A. as Swing Line Lender, L/C Issuer and a Lender and UNION BANK, N.A. as a Lender and BANK OF AMERICA, N.A. as Agent and MERRILL LYNCH, PIERCE, FENNER &...
Loan Agreement • September 2nd, 2011 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

THIS AMENDED AND RESTATED LOAN AGREEMENT (the “Agreement”) is made as of the 29th day of August, 2011, by and among CASCADE CORPORATION, an Oregon corporation (the “Borrower”), BANK OF AMERICA, N.A., a national banking association (“Bank of America”), UNION BANK, N.A., a national banking association (“Union Bank” and together with Bank of America, each a “Lender”, and together, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for Lenders (in such capacity, the “Agent”), swing line lender (in such capacity, the “Swing Line Lender”) and issuer of letters of credit (in such capacity, the “L/C Issuer”).

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SEVENTH AMENDMENT TO LOAN AGREEMENT
Loan Agreement • November 4th, 2010 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This SEVENTH AMENDMENT TO LOAN AGREEMENT (this “Amendment”), dated as of October 29, 2010, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the “Borrower”), the several financial institutions party as of the date hereof to the Loan Amendment referred to below (collectively called the “Lenders” and individually called a “Lender”), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the “Agent”).

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LOAN AGREEMENT among CASCADE CORPORATION as Borrower and BANK OF AMERICA, N.A. as Swing Line Lender, L/C Issuer and a Lender and UNION BANK OF CALIFORNIA, N.A. as a Lender and BANK OF AMERICA, N.A. as Agent
Loan Agreement • December 18th, 2006 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

THIS LOAN AGREEMENT (the “Agreement”) is made as of the day of February, 2003, by and among CASCADE CORPORATION, an Oregon corporation (the “Borrower”), BANK OF AMERICA, N.A., a national banking association (“Bank of America”), UNION BANK OF CALIFORNIA, N.A., a national banking association (“Union Bank” and together with Bank of America, each a “Lender”, and together, the “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for Lenders (in such capacity, the “Agent”) and swing line lender (in such capacity, the “Swing Line Lender”).

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SECURITY AGREEMENT
Security Agreement • August 3rd, 2009 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This SECURITY AGREEMENT (this “Agreement”) is dated as of July 29, 2009, by and between CASCADE CORPORATION, an Oregon corporation (“Debtor”), and BANK OF AMERICA, N.A., as Agent for the Lenders (in such capacity, “Agent”). Capitalized terms used and not defined herein shall have the meanings given to them in the Loan Agreement, as defined below.

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FIFTH AMENDMENT TO LOAN AGREEMENT
Loan Agreement • April 8th, 2008 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This FIFTH AMENDMENT TO LOAN AGREEMENT (this "Amendment"), dated as of December 21, 2007, is entered into by and among CASCADE CORPORATION, an Oregon corporation, (the "Borrower"), the several financial institutions party as of the date hereof to the Loan Amendment referred to below (collectively called the "Lenders" and individually called a "Lender"), and BANK OF AMERICA, N.A., as agent for itself and the Lenders (in such capacity, the "Agent").

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REFUSAL AGREEMENT
Refusal Agreement • March 26th, 1997 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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CONFIDENTIALITY AGREEMENT
Confidentiality Agreement • November 2nd, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

In connection with a possible interest in a possible business combination (the “Transaction”) involving Cascade Corporation (the “Company”), it will be necessary for us to furnish each other with certain information relating to the Company or the Transaction.

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EXHIBIT 2.1 ASSET PURCHASE AGREEMENT entered into by and among Maine Rubber Company, an Indiana corporation,
Asset Purchase Agreement • May 14th, 1999 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Indiana
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Cascade Corporation Stock Appreciation Rights and Restricted Stock Plan RESTRICTED STOCK AGREEMENT (Director)
Restricted Stock Agreement • September 10th, 2007 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This RESTRICTED STOCK AGREEMENT (this “Agreement”) is between Cascade Corporation (“Cascade”), and (“Participant”), and is effective as of (the “Grant Date”).

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DATED as of the 16th day of November, 2005. BETWEEN CASCADES FINE PAPERS GROUP INC./
Asset Purchase Agreement • March 24th, 2006 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Quebec

NOW THEREFORE in consideration of the premises and mutual agreements hereinafter set out and of other consideration (the receipt and sufficiency of which are acknowledged by each Party), the Parties agree as follows:

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JOINT FILING AGREEMENT
Joint Filing Agreement • November 1st, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers

This confirms the agreement by and between the undersigned that the Statement on Schedule 13D (the “Statement”) filed on or about this date with respect to the common stock, par value $.50, of Cascade Corporation, an Oregon corporation, is being filed on behalf of each of the undersigned.

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TERM LOAN AND SECURITY AGREEMENT (US Facility) dated as of January 15, 2002 between PRECISION HYDRAULIC CYLINDERS, INC., as Borrower and CASCADE CORPORATION, as Lender
Term Loan and Security Agreement • February 4th, 2002 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

THIS TERM LOAN AND SECURITY AGREEMENT (this "Agreement") is made and entered into as of January 15, 2001, by and between PRECISION HYDRAULIC CYLINDERS, INC., a North Carolina corporation (the "Borrower") and CASCADE CORPORATION, an Oregon corporation (the "Lender").

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AGREEMENT AND PLAN OF MERGER by and among
Merger Agreement • October 23rd, 2012 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon

This AGREEMENT AND PLAN OF MERGER (this "Agreement"), dated as of October 22, 2012, is by and among Toyota Industries Corporation, a corporation formed under the laws of Japan ("Parent"), Industrial Components and Attachments II, Inc., a corporation formed under the laws of the State of Delaware and an indirect wholly owned subsidiary of Parent ("Merger Sub"), and Cascade Corporation, a corporation formed under the laws of the State of Oregon (the "Company").

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AMONG
Merger Agreement • November 15th, 2000 • Cascade Corp • Industrial trucks, tractors, trailors & stackers • Oregon
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