AND THE BANK OF NEW YORK, AS TRUSTEEIndenture • May 29th, 2003 • JLG Industries Inc • Construction machinery & equip • New York
WITNESSETH:Revolving Credit Agreement • March 16th, 2004 • JLG Industries Inc • Construction machinery & equip • New York
AMENDMENT NO. 3 UNDER AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 29th, 2003 • JLG Industries Inc • Construction machinery & equip
BACKGROUNDCredit Agreement • October 6th, 2000 • JLG Industries Inc • Construction machinery & equip
October 4, 2001 Fulton Funding Corporation One JLG Drive McConnellsburg, PA 17233 JLG Industries, Inc. One JLG Drive McConnellsburg, PA 17233 Ladies and Gentlemen: Reference is made to the Receivables Purchase Agreement, dated as of June 30, 2000 (as...Receivables Purchase Agreement • October 9th, 2001 • JLG Industries Inc • Construction machinery & equip
a) "Adverse Proposal" shall mean any (1) proposal or action that would reasonably be expected to result in a breach of any covenant, representation or warranty of Company set forth in the Merger Agreement, or (2) the following actions (other than the...Stockholders Agreement • May 17th, 1999 • JLG Industries Inc • Construction machinery & equip • Delaware
BETWEENRights Agreement • May 31st, 2000 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
Exhibit 10.9 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AGREEMENT is made as of the 10th day of May, 1999, by and between GRADALL INDUSTRIES, INC., a Delaware corporation (the "Company"), and BARRY L. PHILLIPS ("Executive"). WITNESSETH THAT:...Employment Agreement • October 12th, 1999 • JLG Industries Inc • Construction machinery & equip • Ohio
Exhibit 10.10 DEFERRED COMPENSATION AGREEMENT THIS AGREEMENT entered into this 19th day of July, 1989, by and between THE GRADALL COMPANY, an Ohio corporation, with principal offices at 406 Mill Avenue, S.W., New Philadelphia, Ohio 44663 (hereinafter...Deferred Compensation Agreement • October 12th, 1999 • JLG Industries Inc • Construction machinery & equip • Ohio
ANDIndenture • November 26th, 2003 • JLG Industries Inc • Construction machinery & equip • New York
a) "Adverse Proposal" shall mean any (1) proposal or action that would reasonably be expected to result in a breach of any covenant, representation or warranty of Company set forth in the Merger Agreement, or (2) the following actions (other than the...Stockholders Agreement • May 17th, 1999 • JLG Industries Inc • Construction machinery & equip • Delaware
among JLG INDUSTRIES, INC., as BorrowerRevolving Credit Agreement • October 6th, 2003 • JLG Industries Inc • Construction machinery & equip • New York
BACKGROUNDCredit Agreement • October 9th, 2001 • JLG Industries Inc • Construction machinery & equip
Exhibit 10.13 SPLIT-DOLLAR LIFE INSURANCE AGREEMENT THIS AGREEMENT is made and entered into as of this 30th day of August, 1995, by and between The Gradall Company (the "Company") and Barry L. Phillips (the "Executive"). WITNESSETH THAT: WHEREAS, the...Split-Dollar Life Insurance Agreement • October 12th, 1999 • JLG Industries Inc • Construction machinery & equip • Ohio
DEFINITIONSCredit Agreement • August 31st, 1999 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
BACKGROUNDAmended and Restated Credit Agreement • March 4th, 2003 • JLG Industries Inc • Construction machinery & equip
5,000,000 Shares JLG INDUSTRIES, INC. Common Stock ($0.20 Par Value) UNDERWRITING AGREEMENTUnderwriting Agreement • March 16th, 2005 • JLG Industries Inc • Construction machinery & equip • New York
JLG Industries, Inc., a Pennsylvania corporation (the “Company”), proposes to issue and sell to the underwriters named in Schedule A hereto (the “Underwriters”), for whom you are acting as representatives, an aggregate of 5,000,000 shares (the “Firm Shares”) of Common Stock, $0.20 par value (the “Common Stock”). In addition, solely for the purpose of covering over-allotments, the Company proposes to grant to the Underwriters the option to purchase from the Company up to an additional 750,000 shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are hereinafter collectively sometimes referred to as the “Shares.” References herein to Common Stock include the related common stock purchase rights under the Rights Agreement, dated as of May 24, 2000, between the Company and American Stock Transfer and Trust Company. The Shares are described in the Prospectus which is referred to below.
1 EXHIBIT 4.8 AGREEMENT TO DISCLOSE UPON REQUEST JLG Industries, Inc. (the "Company") hereby agrees that, with respect to any agreement relating to long- term debt of the Company that has not been filed as an exhibit to the Company's reports filed...Agreement to Disclose Upon Request • October 6th, 2000 • JLG Industries Inc • Construction machinery & equip
BACKGROUND:Three Party Agreement • October 9th, 2001 • JLG Industries Inc • Construction machinery & equip • New York
AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT dated as of November 30, 2005 among JLG INDUSTRIES, INC., as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO SUNTRUST BANK, as Issuing Bank, Swingline Lender and Administrative Agent MANUFACTURERS...Revolving Credit Agreement • December 6th, 2005 • JLG Industries Inc • Construction machinery & equip • New York
THIS AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this “Agreement”) is made and entered into as of November 30, 2005 by and among JLG INDUSTRIES, INC., a Pennsylvania corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”), MANUFACTURERS AND TRADERS TRUST COMPANY, as syndication agent (the “Syndication Agent”) and LASALLE BANK MIDWEST NATIONAL ASSOCIATION, as documentation agent (the “Documentation Agent”).
SUPPLEMENTAL INDENTURESupplemental Indenture • November 28th, 2006 • JLG Industries Inc • Construction machinery & equip • New York
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 22, 2006, among JLG Industries, Inc., a Pennsylvania corporation (the “Company”), the Guarantors listed as signatories hereto (the “Guarantors”), and The Bank of New York, as trustee (the “Trustee”).
1 EXHIBIT (c)(1) EXECUTION COPY AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • May 17th, 1999 • JLG Industries Inc • Construction machinery & equip • Delaware
STRATEGIC ALLIANCE AGREEMENTStrategic Alliance Agreement • November 2nd, 2005 • JLG Industries Inc • Construction machinery & equip • Illinois
This Strategic Alliance Agreement (this “Agreement”) is entered into as of October 27, 2005, (the "Effective Date”), by and between JLG Industries, Inc., a company incorporated under the laws of Pennsylvania with its principal place of business located at 1 JLG Drive, McConnellsburg, Pennsylvania 17233, on its own behalf and on behalf of its Affiliates (collectively “JLG”), and Caterpillar Inc., a company incorporated under the laws of Delaware with its principal place of business located at 100 N.E. Adams St., Peoria, Illinois U.S.A. 61629, on its own behalf and on behalf of its Affiliates (collectively “Caterpillar”). In this Agreement, (i) Caterpillar and JLG are sometimes called singularly a “Party” and collectively the “Parties”, and (ii) "Affiliate” means, with respect to a person, any legal entity directly or indirectly controlling, controlled by, or under common control with such person; where “control” means a direct or indirect ownership interest of more than 50% in such lega
AGREEMENT AND PLAN OF MERGER by and among OSHKOSH TRUCK CORPORATION, STEEL ACQUISITION CORP. and JLG INDUSTRIES, INC. Dated October 15, 2006Merger Agreement • October 16th, 2006 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
AGREEMENT AND PLAN OF MERGER (hereinafter referred to as this “Agreement”), dated October 15, 2006, by and among Oshkosh Truck Corporation, a Wisconsin corporation (“Parent”), Steel Acquisition Corp., a Pennsylvania corporation and a wholly-owned subsidiary of Parent (“Merger Sub”), and JLG Industries, Inc., a Pennsylvania corporation (the “Company”).
by and amongWorking Capital Credit Agreement • February 23rd, 2000 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
ASSET PURCHASE AGREEMENTAsset Purchase Agreement • November 2nd, 2005 • JLG Industries Inc • Construction machinery & equip • Illinois
This Asset Purchase Agreement (this “Agreement”) is entered into as of October 27, 2005, by and among JLG Industries, Inc., a company incorporated under the laws of Pennsylvania with its principal place of business located at 1 JLG Drive, McConnellsburg, Pennsylvania 17233 (“Buyer” or “JLG”), Caterpillar S.A.R.L., a societe a responsabilite limitee organized under the laws of Switzerland with its principal place of business located at 76 Route de Frontenex, P.O. Box 6000, Geneva 6, 1211, Switzerland (“CSARL”), Caterpillar (U.K.) Limited, a corporation organized under the laws of England and Wales with its principal place of business located at Peckleton Lane, Co. Desford, Leicester, England LE9 9JT, United Kingdom (“Cat UK”), Caterpillar Poland Sp. z o.o., a Polish limited liability company with its principal place of business located at U1. Lubielski 74, 23-300, Janow Lubelski, Poland (“Cat Poland”), Caterpillar Tosno, L.L.C., a Russian limited liability company organized under the la
STOCK OPTION AGREEMENT (DIRECTOR) PURSUANT TO THE JLG INDUSTRIES, INC. LONG TERM INCENTIVE PLANStock Option Agreement • October 6th, 2004 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
THIS AGREEMENT made as of this ____ day of ______________, 20__, by and between JLG Industries, Inc., a Pennsylvania corporation (the “Company”) and __________________ (“Grantee”).
JLG Industries, Inc. Executive Severance Plan Participation AgreementExecutive Severance Plan Participation Agreement • October 17th, 2006 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
THIS AGREEMENT is by and between JLG Industries, Inc., a Pennsylvania corporation having its principal office at McConnellsburg, Pennsylvania (the “Company”), and , an individual residing at (the “Executive”).
RESTRICTED STOCK AGREEMENT (EMPLOYEE) Pursuant to the JLG Industries, Inc. Long Term Incentive PlanRestricted Stock Agreement • October 6th, 2004 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
THIS AGREEMENT made as of this ____ day of ______________, 20__, by and between JLG Industries, Inc., a Pennsylvania corporation (the “Company”) and __________________ (“Grantee”).
NON-QUALIFIED STOCK OPTION AGREEMENT (EMPLOYEE) PURSUANT TO THE JLG INDUSTRIES, INC. LONG TERM INCENTIVE PLANNon-Qualified Stock Option Agreement • October 6th, 2004 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
THIS AGREEMENT made as of this ____ day of ______________, 20__, by and between JLG Industries, Inc., a Pennsylvania corporation (the “Company”) and __________________ (“Grantee”).
RESTRICTED STOCK AGREEMENT (EMPLOYEE) Pursuant to the JLG Industries, Inc. Long Term Incentive PlanRestricted Stock Agreement • July 28th, 2005 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
THIS AGREEMENT made as of this ___day of ___, 20___, by and between JLG Industries, Inc., a Pennsylvania corporation (the “Company”) and ___(“Grantee”).
JLG INDUSTRIES, INC. EXECUTIVE SEVERANCE PLAN As Amended and Restated Effective October 15, 2006Executive Severance Plan • October 17th, 2006 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
The Company first established the Plan for eligible executives on June 1, 1995. The Plan was originally intended to replace the severance benefits that participants had under certain individual agreements (customarily denominated a “Deferred Compensation Benefit Agreement”) with the Company that provided for unfunded deferred compensation benefits and certain other benefits. Since the Plan was first adopted on June 1, 1995, it has been amended and restated several times.
AMENDMENT TO REVOLVING CREDIT AGREEMENTRevolving Credit Agreement • March 1st, 2005 • JLG Industries Inc • Construction machinery & equip • New York
THIS AMENDMENT TO REVOLVING CREDIT AGREEMENT, dated as of February 24, 2005 (this “Amendment”), by and among JLG INDUSTRIES, INC., a Pennsylvania corporation (the “Borrower”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), SUNTRUST BANK, in its capacity as administrative agent for the Lenders (the “Administrative Agent”), as issuing bank (the “Issuing Bank”) and as swingline lender (the “Swingline Lender”), MANUFACTURERS AND TRADERS TRUST COMPANY, as syndication agent (the “Sydication Agent”) and STANDARD FEDERAL BANK NA, as documentation agent (the “Documentation Agent”).
Exhibit 4.3 AGREEMENT TO DISCLOSE UPON REQUEST JLG Industries, Inc. (the "Company") hereby agrees that, with respect to any agreement relating to long- term debt of the Company that has not been filed as an exhibit to the Company's reports filed...Agreement to Disclose Upon Request • October 17th, 1996 • JLG Industries Inc • Construction machinery & equip
JLG Industries, Inc. (the "Company") hereby agrees that, with respect to any agreement relating to long-term debt of the Company that has not been filed as an exhibit to the Company's reports filed pursuant to the Securities Exchange Act of 1934 because such filing is not required pursuant to the provisions of S-K Item 601 (b) (4) (iii) (A), the Company will furnish a copy of any such agreement to the Securities and Exchange Commission upon request.
FIRST AMENDMENT TO RIGHTS AGREEMENTRights Agreement • October 17th, 2006 • JLG Industries Inc • Construction machinery & equip • Pennsylvania
FIRST AMENDMENT (this “Amendment”) dated as of October 16, 2006, to the RIGHTS AGREEMENT, dated as of May 24, 2000 (the “Rights Agreement”), between JLG INDUSTRIES, INC., a Pennsylvania corporation (the “Company”), and AMERICAN STOCK TRANSFER AND TRUST COMPANY, a New York corporation (the “Rights Agent”).
