EXECUTED -------- CREDIT AGREEMENT dated as of September 24, 1993 as Amended and Restated as of November 5, 1997Credit Agreement • December 31st, 1997 • Elgin National Industries Inc • Heavy construction other than bldg const - contractors • Illinois
EXHIBIT NUMBER 10.7 -------------------Credit Agreement • August 10th, 2001 • Elgin National Industries Inc • General industrial machinery & equipment • Pennsylvania
INDENTUREIndenture • December 31st, 1997 • Elgin National Industries Inc • Heavy construction other than bldg const - contractors • New York
EXHIBIT 4.3 =================================================================== ============= REGISTRATION RIGHTS AGREEMENT Dated as of November 5, 1997Registration Rights Agreement • January 23rd, 1998 • Elgin National Industries Inc • General industrial machinery & equipment • New York
EXHIBIT 1 Elgin National Industries, Inc.Purchase Agreement • December 31st, 1997 • Elgin National Industries Inc • Heavy construction other than bldg const - contractors
WITNESSETHCredit Agreement • November 12th, 2002 • Elgin National Industries Inc • General industrial machinery & equipment • Pennsylvania
by and amongCredit Agreement • August 10th, 2001 • Elgin National Industries Inc • General industrial machinery & equipment • Pennsylvania
S)2. DUTIES. While Hall is employed by ENI, he shall serve as its ------ President and Chief Operating Officer. In such capacity, Hall shall have such executive responsibilities and duties as are assigned by ENI's Board of Directors (the "Board") and...Employment Agreement • December 31st, 1997 • Elgin National Industries Inc • Heavy construction other than bldg const - contractors
EXhibit 10.9Credit Agreement • May 15th, 2002 • Elgin National Industries Inc • General industrial machinery & equipment • Pennsylvania
S)2. DUTIES. While Schulte is employed by ENI, he shall serve as its ------ Chairman and Chief Executive Officer. In such capacity, Schulte shall have such executive responsibilities and duties as are assigned by ENI's Board of Directors (the "Board")...Employment Agreement • December 31st, 1997 • Elgin National Industries Inc • Heavy construction other than bldg const - contractors
Exhibit 10-13 AMENDMENT TO EMPLOYMENT AND NON-COMPETITION AGREEMENT ----------------------------------------Employment and Non-Competition Agreement • March 27th, 2003 • Elgin National Industries Inc • General industrial machinery & equipment
EXHIBIT 10.8Credit Agreement • August 10th, 2001 • Elgin National Industries Inc • General industrial machinery & equipment • Pennsylvania
EXHIBIT 10.1 LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 18th, 2003 • Elgin National Industries Inc • General industrial machinery & equipment • New York
WAIVER, CONSENT AND AGREEMENTWaiver, Consent and Agreement • May 13th, 2005 • Elgin National Industries Inc • General industrial machinery & equipment • New York
WAIVER, CONSENT AND AGREEMENT, dated as of March 31, 2005 (this “Agreement”), to the Loan and Security Agreement, dated as of February 10, 2003, as amended by the First Amendment, dated as of February 19, 2004 and the Second Amendment and Waiver, dated as of June 30, 2004 (as so amended and as the same may be further amended, restated or otherwise modified, the “Loan Agreement”), by and among, on the one hand, the lenders identified on the signature pages hereof (each a “Lender” and collectively, the “Lenders”), and WELLS FARGO FOOTHILL, INC. (f/k/a Foothill Capital Corporation), a California corporation, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, ELGIN NATIONAL INDUSTRIES, INC., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, each a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”).
WELLS FARGO FOOTHILL, INC. One Boston Place, Suite 1800 Boston, Massachusetts 02108Loan and Security Agreement • May 13th, 2005 • Elgin National Industries Inc • General industrial machinery & equipment
SECOND AMENDMENT AND WAIVER TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • August 13th, 2004 • Elgin National Industries Inc • General industrial machinery & equipment • New York
SECOND AMENDMENT AND WAIVER, dated as of June 30, 2004 (this “Agreement”), to the Loan and Security Agreement, dated as of February 10, 2003, as amended by the First Amendment, dated as of February 19, 2004) (as so amended and as the same may be further amended, restated or otherwise modified, the “Loan Agreement”), by and among, on the one hand, the lenders identified on the signature pages hereof (each a “Lender” and collectively, the “Lenders”), and WELLS FARGO FOOTHILL, INC. (f/k/a Foothill Capital Corporation), a California corporation, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, ELGIN NATIONAL INDUSTRIES, INC., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such Subsidiaries, together with Parent, each a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”).
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 29th, 2004 • Elgin National Industries Inc • General industrial machinery & equipment • New York
FIRST AMENDMENT, dated as of February 19, 2004 (this “Amendment”), to the Loan and Security Agreement, dated as of February 10, 2003 (the “Loan Agreement”), by and among, on the one hand, the lenders identified on the signature pages thereof (each a “Lender” and collectively, the “Lenders”), and WELLS FARGO FOOTHILL, INC. (f/k/a Foothill Capital Corporation), a California corporation, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, ELGIN NATIONAL INDUSTRIES, INC., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages thereof (such Subsidiaries, together with Parent, each a “Borrower”, and individually and collectively, jointly and severally, the “Borrowers”).
FOURTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • November 14th, 2006 • Elgin National Industries Inc • General industrial machinery & equipment • New York
This FOURTH AMENDMENT, dated as of October 31, 2006 (this “Agreement”), is made in connection with that certain Loan and Security Agreement, dated as of February 10, 2003 (as amended, restated, supplemented, renewed, extended, replaced or otherwise modified from time to time, the “Loan Agreement”), by and among on the one hand, the lenders identified on the signature pages thereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and Wells Fargo Foothill, Inc., a California corporation (f/k/a Foothill Capital Corporation), as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, Elgin National Industries, Inc., a Delaware corporation (the “Parent”), and each of the Parent's Subsidiaries identified on the signature pages thereof (such Subsidiaries, together with the Parent, are referred to hereinafter each individually as a “Borrower”
THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • February 2nd, 2006 • Elgin National Industries Inc • General industrial machinery & equipment • New York
THIRD AMENDMENT, dated as of January 31, 2006 (this “Agreement”), to the Loan and Security Agreement, dated as of February 10, 2003, as amended by the First Amendment and Waiver, dated as of February 19, 2004, and the Second Amendment and Waiver, dated as of June 30, 2004 (as so amended and as the same may be further amended, restated or otherwise modified, the ”Loan Agreement”), by and among, on the one hand, the lenders listed on the signature pages hereto under the captions “Continuing Lender” (the “Continuing Lender”) and “New Lender” (the “New Lender”, and together with the Continuing Lender, each a “Lender” and collectively, the “Lenders”), and WELLS FARGO FOOTHILL, INC. (f/k/a Foothill Capital Corporation), a California corporation, as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, ELGIN NATIONAL INDUSTRIES, INC., a Delaware corporation (the “Parent”), and each of Parent’s Subsidiaries identified on the signature pages hereof (such S
FIFTH AMENDMENT TO LOAN AGREEMENTLoan Agreement • January 3rd, 2007 • Elgin National Industries Inc • General industrial machinery & equipment • New York
This FIFTH AMENDMENT, dated as of December 27, 2006 (this “Agreement”), is made in connection with that certain Loan and Security Agreement, dated as of February 10, 2003 (as amended, restated, supplemented, renewed, extended, replaced or otherwise modified from time to time, the “Loan Agreement”), by and among on the one hand, the lenders identified on the signature pages thereof (such lenders, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”), and Wells Fargo Foothill, Inc., a California corporation (f/k/a Foothill Capital Corporation), as the arranger and administrative agent for the Lenders (the “Agent”), and, on the other hand, Elgin National Industries, Inc., a Delaware corporation (the “Parent”), and each of the Parent’s Subsidiaries identified on the signature pages thereof (such Subsidiaries, together with the Parent, are referred to hereinafter each individually as a “Borrower”
