EXHIBIT 10.4 CREDIT AGREEMENT, dated as of December 10, 1996, among GENCOR INDUSTRIES, INC., a Delaware corporation (the "Borrower"), the several banks and other financial institutions from time to time parties to this Agreement (collectively, the...Credit Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
EXHIBIT 10.2 FIRST AMENDMENT TO PURCHASE AGREEMENT ------------------------------------- AMENDMENT, dated as of November 22, 1996, to PURCHASE AGREEMENT, dated as of August 12, 1996, between INGERSOLL-RAND COMPANY, a New Jersey corporation ("Parent"),...Purchase Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledDecember 26th, 1996 Company Industry
TOAsset Purchase Agreement • October 25th, 2001 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledOctober 25th, 2001 Company Industry
RECITALSAsset Purchase Agreement • October 25th, 2001 • Gencor Industries Inc • Construction machinery & equip • California
Contract Type FiledOctober 25th, 2001 Company Industry Jurisdiction
EXHIBIT 10.22 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Revolving Credit Note • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry JurisdictionTHIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
EXHIBIT 10.3 SECOND AMENDMENT TO PURCHASE AGREEMENT -------------------------------------- THE SECOND AMENDMENT, dated as of December 10, 1996, to AGREEMENT, dated as of August 12, 1996, as previously amended by AMENDMENT TO PURCHASE AGREEMENT dated...Purchase Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • California
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
EXHIBIT 10.20 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Term Note • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry JurisdictionTHIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
MORTGAGE --------Mortgage • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledDecember 26th, 1996 Company Industry
EXHIBIT 4.47 GENCOR INDUSTRIES, INC. AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT Dated as of December 31, 2001 CREDIT LYONNAIS NEW YORK BRANCH,Senior Secured Credit Agreement • December 26th, 2002 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 2002 Company Industry Jurisdiction
OPEN-END MORTGAGE --------Open-End Mortgage • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledDecember 26th, 1996 Company Industry
amongReal Estate Mortgage • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledDecember 26th, 1996 Company Industry
EXHIBIT 10.21 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Tranche B Term Note • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry JurisdictionTHIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
EXHIBIT 10.14 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by BITUMA CORPORATION (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for the Issuing...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF CARBONTRONICS, LLCOperating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip • Delaware
Contract Type FiledFebruary 14th, 2006 Company Industry JurisdictionTHIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) is made and entered into as of January 29, 1998, by and among C.C. Pace Capital, L.L.C. (“C.C. Pace Capital”), a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation (“Carbon Resources”), Meridian Energy Corporation, a Massachusetts corporation (“Meridian Energy”), Meridian Investments, Inc., a Massachusetts corporation (“Meridian Investments”), and Coal Investors, LLC, a Delaware limited liability company (“Coal Investors”).
EXHIBIT 10.12 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by THERMOTECH SYSTEMS CORPORATION (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
PURCHASE AND SALE AGREEMENT between CARBONTRONICS SYNFUELS INVESTORS, L.P., as Buyer and CARBONTRONICS, LLC, as Seller Dated as of June 16, 1998Purchase and Sale Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip • Delaware
Contract Type FiledFebruary 14th, 2006 Company Industry JurisdictionTHIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of June 16, 1998, between CARBONTRONICS SYNFUELS INVESTORS, L.P., a Delaware limited partnership (the “Partnership”), and CARBONTRONICS, LLC, a Delaware limited liability company (the “Seller”).
EXHIBIT 10.9 BORROWER PLEDGE AGREEMENT PLEDGE AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as agent (in such capacity, the "Agent") for the Issuing Bank (as...Pledge Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
THIRD AMENDMENT TO LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF CARBONTRONICS, LLCLimited Liability Company Operating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledFebruary 14th, 2006 Company IndustryThis Third Amendment (this “Amendment”) to the Limited Liability Company Operating Agreement of Carbontronics, LLC, a Delaware limited liability company (the “Company”) is made as of June 16, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, Coal Investors, LLC, a Delaware limited liability company and Gencor Industries, Inc. (“Gencor”), a Delaware corporation (each, a “Member” and collectively, the “Members”).
EXHIBIT 10.7 BORROWER PLEDGE AGREEMENT PLEDGE AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as agent (in such capacity, the "Agent") for the Issuing Bank (as...Pledge Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • August 4th, 2006 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledAugust 4th, 2006 Company IndustryTHIS FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT is made as of the day of July, 2006, by, between and among GENCOR INDUSTRIES, INC., a corporation organized under the laws of the State of Delaware (“Gencor”), GENERAL COMBUSTION CORPORATION, a corporation organized under the laws of the State of Florida (“General Combustion”), EQUIPMENT SERVICES GROUP, INC., a corporation organized under the laws of the State of Florida (“Equipment Services”), BITUMA-STOR, INC., a corporation organized under the laws of the State of Iowa (“Bituma-Stor”), and BITUMA CORPORATION, a corporation organized under the laws of the State of Washington (“Bituma”; Bituma, Gencor, General Combustion, Equipment Services and Bituma-Stor each a “Borrower” and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for the Lenders (PNC, in suc
DEPOSIT AGREEMENT BETWEEN HSBC BANK USA, as Depositary and GENCOR INDUSTRIES, INC., as Issuer Dated as of ________ __, 2003Deposit Agreement • November 21st, 2003 • Gencor Industries Inc • Construction machinery & equip • Florida
Contract Type FiledNovember 21st, 2003 Company Industry JurisdictionThis Deposit Agreement (as the same may be amended from time to time in accordance with the provisions hereof, the “Agreement”), dated as of , 2003, among HSBC Bank USA, a banking corporation organized under the laws of the State of New York, as depositary with respect to the Global Notes hereunder (the “Depositary”), GENCOR INDUSTRIES, INC., a Delaware corporation (the “Issuer”), and the holders and beneficial owners from time to time of interests in the Book-Entry Interests.
CARBONTRONICS, LLC Amendment to Operating Agreement Admitting Subscriber as a MemberOperating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledFebruary 14th, 2006 Company IndustryTHIS AMENDMENT (“Amendment”) to the Operating Agreement of Carbontronics, LLC, a Delaware limited liability company (the “Company”), is made this day of March, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, and Coal Investors, LLC, a Delaware limited liability company (each a “Member” and collectively the “Members”), and Gencor Industries, Inc. (the “Subscriber”).
JOINT FILING AGREEMENTJoint Filing Agreement • September 22nd, 2006 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledSeptember 22nd, 2006 Company IndustryIn accordance with Rule 13D-1(k)(1) promulgated under the Securities Exchange Act of 1934, the undersigned agree to the joint filing of a Statement on Schedule 13D (including any and all amendments thereto) with respect to the Common Stock, $0.10 par value, of Gencor Industries, Inc. and further agree to the filing of this agreement as an Exhibit thereto. In addition, each party to this Agreement expressly authorizes the other party to this Agreement to file on its behalf any and all amendments to such Statement on Schedule 13D.
Pledge Agreement (Bank Deposits)Pledge Agreement • August 10th, 2009 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledAugust 10th, 2009 Company IndustryTHIS PLEDGE AGREEMENT, dated as of this 23rd day of July, 2009, is made by GENCOR INDUSTRIES, INC., a Delaware corporation (the “Pledgor”), with an address at 5201 N. Orange Blossom Trail, Orlando, Florida 32810, in favor of PNC BANK, NATIONAL ASSOCIATION (the “Secured Party”), with an address at 300 South Orange Avenue, Suite 800, Orlando, Florida 32801.
CARBONTRONICS, LLC Second Amendment to Operating AgreementOperating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledFebruary 14th, 2006 Company IndustryTHIS AMENDMENT (“Amendment”) to the Operating Agreement of Carbontronics, LLC a Delaware limited liability company (the “Company”), is made this 2nd day of April, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, Coal Investors, LLC, a Delaware limited liability company and Gencor Industries, Inc. (each a “Member” and collectively the “Members”). The Members are parties to an Operating Agreement for the Company dated January 29, 1998, as amended (the “Operating Agreement”). Any terms used in this Amendment which are defined in the Operating Agreement and are not defined herein shall have the meanings assigned to them in the Operating Agreement.
FIRST AMENDMENT TO THE STOCK OPTION PLAN AGREEMENTStock Option Agreement • August 15th, 2005 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledAugust 15th, 2005 Company IndustryWHEREAS, in accordance with the Plan, the Company and Optionee entered into a Stock Option Agreement effective as of March 30, 2001 (the “Stock Option Agreement”); and
ANDRevolving Credit and Security Agreement • August 8th, 2003 • Gencor Industries Inc • Construction machinery & equip • Florida
Contract Type FiledAugust 8th, 2003 Company Industry Jurisdiction
EXHIBIT 10.6 BORROWER COPYRIGHT SECURITY AGREEMENT BORROWER COPYRIGHT SECURITY AGREEMENT (this "Agreement"), dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such...Copyright Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
JOINT FILING AGREEMENTJoint Filing Agreement • February 5th, 2009 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledFebruary 5th, 2009 Company IndustryEach of the undersigned, Sherry Houtkin (individually and as co-executor of the estate of Harvey Houtkin), and Brad Houtkin (as co-executor of the Estate of Harvey Houtkin) does hereby agree that the Schedule 13D to which this Exhibit 99.1 is attached is being filed on behalf of Sherry Houtkin, and her deceased husband, Harvey Houtkin.
EXHIBIT 10.11 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by EQUIPMENT SERVICES GROUP, INC. (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 23rd, 2003 • Gencor Industries Inc • Construction machinery & equip • Delaware
Contract Type FiledJuly 23rd, 2003 Company Industry JurisdictionThis Indemnification Agreement dated as of this day of , 2003 (“Agreement”), is made and entered into by and between Gencor Industries, Inc., a Delaware corporation (“Company”), and (“Indemnitee”):
GENCOR INDUSTRIES, INC. (as Obligor) and HSBC BANK USA (as Trustee) 10% Junior Subordinated Notes due December 31, 2006 Indenture Dated as of _________ __, 2003Indenture • November 13th, 2003 • Gencor Industries Inc • Construction machinery & equip • Florida
Contract Type FiledNovember 13th, 2003 Company Industry JurisdictionTHIS INDENTURE, among GENCOR INDUSTRIES, INC., a Delaware corporation (the “Obligor”), having its principal office at 5201 North Orange Blossom Trail, Orlando, Florida 32810, and HSBC Bank USA, a bank corporation incorporated and existing under the laws of the State of New York, as trustee (the “Trustee”), is made and entered into as of this day of , 2003.
EXHIBIT 10.5 BORROWER SECURITY AGREEMENT BORROWER SECURITY AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for the Issuing...Borrower Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
Contract Type FiledDecember 26th, 1996 Company Industry Jurisdiction
THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTRevolving Credit and Security Agreement • August 10th, 2009 • Gencor Industries Inc • Construction machinery & equip
Contract Type FiledAugust 10th, 2009 Company IndustryTHIS THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT is made as of the 23rd day of July, 2009, by, between and among GENCOR INDUSTRIES, INC., a corporation organized under the laws of the State of Delaware (“Gencor”), GENERAL COMBUSTION CORPORATION, a corporation organized under the laws of the State of Florida (“General Combustion”), EQUIPMENT SERVICES GROUP, INC., a corporation organized under the laws of the State of Florida (“Equipment Services”), BITUMA-STOR, INC., a corporation organized under the laws of the State of Iowa (“Bituma-Stor”), and BITUMA CORPORATION, a corporation organized under the laws of the State of Washington (“Bituma”; Bituma, Gencor, General Combustion, Equipment Services and Bituma-Stor each a “Borrower” and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for the Lenders (PNC, i