RECITALSPledge Agreement • March 27th, 2003 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 27th, 2003 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
RECITALSSecurity Agreement • March 27th, 2003 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
1 EXHIBIT 10(liv) U.S. $175,000,000 CREDIT AGREEMENT Dated as of October 11, 2000Credit Agreement • March 30th, 2001 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
AMENDMENT NO. 2Nacco Industries Inc • November 13th, 1996 • Industrial trucks, tractors, trailors & stackers • New York
BY AND AMONGPurchase and Sale Agreement • March 30th, 2001 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
RANKIN ASSOCIATES II, L.P. C/O RANKIN MANAGEMENT, INC. GENERAL PARTNER 5875 LANDERBROOK ROAD, SUITE 300 CLEVELAND, OHIO 44124Nacco Industries Inc • February 15th, 2005 • Industrial trucks, tractors, trailors & stackers • Delaware
Exhibit 10 (cxxii) AMENDMENT NO. 5 TO CREDIT AGREEMENT AMENDMENT NO. 5 dated as of June 10, 1998 to the SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of October 11, 1990 and amended and restated as of April 18, 1995 among Hamilton...Credit Agreement • August 14th, 1998 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
LETTER AMENDMENTNacco Industries Inc • March 26th, 2002 • Industrial trucks, tractors, trailors & stackers • New York
Exhibit 4.24 AMENDMENT TO STOCKHOLDERS' AGREEMENT This AMENDMENT TO STOCKHOLDERS' AGREEMENT, dated as of February 7, 2005 (this "Amendment"), by and among National City Bank, (Cleveland, Ohio), as depository ("Depository"), the Participating...Stockholders' Agreement • February 7th, 2005 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
AMENDMENT NO. 3Credit Agreement • August 12th, 1997 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
OFLimited Partnership Agreement • February 15th, 2005 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Delaware
Exhibit 4.23 AMENDMENT TO STOCKHOLDERS' AGREEMENT This AMENDMENT TO STOCKHOLDERS' AGREEMENT, dated as of December 28, 2004 (this "Amendment"), by and among National City Bank, (Cleveland, Ohio), as depository ("Depository"), the Participating...Stockholders' Agreement • January 12th, 2005 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
1 Exhibit 10 (xlvii) July 29, 1997 EXTENSION AGREEMENT ------------------- The North American Coal Corporation 14785 Preston Road Suite 1100 Dallas, Texas 75240 Morgan Guaranty Trust Company of New York, as Agent under the Credit Agreement referred to...Extension Agreement • March 27th, 1998 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
OFNacco Industries Inc • March 27th, 2002 • Industrial trucks, tractors, trailors & stackers • Delaware
Exhibit 10 (lxxviii) AMENDMENT NO. 3 TO CREDIT AGREEMENT AMENDMENT dated as of May 19, 1997 to the Amended and Restated Credit Agreement dated as of June 4, 1996 (as heretofore amended, the "Credit Agreement") among NACCO MATERIALS HANDLING GROUP,...Credit Agreement • August 12th, 1997 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
2 3 SECTION 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York.Assignment and Assumption Agreement • March 27th, 1998 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
Exhibit 10 (lxxvii) AMENDMENT NO. 2 TO CREDIT AGREEMENT AMENDMENT dated as of March 26, 1997 to the Amended and Restated Credit Agreement dated as of June 4, 1996 (as heretofore amended, the "Credit Agreement") among NACCO MATERIALS HANDLING GROUP,...Credit Agreement • August 12th, 1997 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
EXHIBIT 10(xciv) CREDIT AGREEMENT Dated as of December 17, 2002Credit Agreement • March 27th, 2003 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 6th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), is entered into as of May 31, 2012, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, successor by merger to Wachovia Bank, National Association, as administrative agent for the Lenders (in such capacity, together with its successors and assigns in such capacity, “Agent”), HAMILTON BEACH BRANDS, INC., formerly known as Hamilton Beach/Proctor-Silex Inc., a Delaware corporation (“Parent”, and together with any US Subsidiary of Parent that may from time to time become a party hereto as a borrower, each individually a “US Borrower” and collectively, “US Borrowers”, as hereinafter further defined) and HAMILTON BEACH BRANDS CANADA, INC., formerly known as Proctor-Silex Canada Inc., a
AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENTPatent Security Agreement • June 6th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
This AMENDED AND RESTATED GUARANTY AND SECURITY AGREEMENT (this “Agreement”), dated as of May 31, 2012, among the Persons listed on the signature pages hereof as “Grantors” and those additional entities that hereafter become parties hereto by executing the form of Joinder attached hereto as Annex 1 (each, a “Grantor” and collectively, the “Grantors”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, successor by merger to Wachovia Bank, National Association (“Wells Fargo”), in its capacity as administrative agent for the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”).
1 2 WHEREAS, Mortgagor and Mortgagee have agreed to submit certain additional real property to the lien, security interest and operation of the Mortgage, and have further agreed that certain real property shall be released from the Mortgage under the...Mortgage and Security Agreement • March 27th, 1998 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
CREDIT AGREEMENTCredit Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
the Persons named on Schedule 1.01 hereto (together with the Lead Borrower, collectively and as further defined herein, the “Borrowers”),
150,000,000 REVOLVING CREDIT FACILITY AMENDED AND RESTATED CREDIT AGREEMENT by and among THE NORTH AMERICAN COAL CORPORATION and THE LENDERS PARTY HERETO and KEYBANK NATIONAL ASSOCIATION, as Syndication Agent and PNC BANK, NATIONAL ASSOCIATION, as...Credit Agreement • August 15th, 2017 • Nacco Industries Inc • Household appliances
THIS AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, the "Agreement") is dated as of August 11, 2017 and is made by and among The North American Coal Corporation, a Delaware corporation (the "Borrower"), the LENDERS (as hereinafter defined), KEYBANK NATIONAL ASSOCIATION as Syndication Agent and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the "Administrative Agent").
SEPARATION AGREEMENTSeparation Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Delaware
This SEPARATION AGREEMENT (this “Agreement”), is dated as of September 28, 2012, 2012, by and between NACCO Industries, Inc., a Delaware corporation (“Parent”) and Hyster-Yale Materials Handling, Inc. (“HY”), a Delaware corporation and wholly owned Subsidiary of Parent. Parent and HY will individually be referred to as a “Party” and collectively as the “Parties.”
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • March 27th, 1997 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
AMENDMENT TO AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENTStockholders’ Agreement • March 6th, 2019 • Nacco Industries Inc • Household appliances
This AMENDMENT TO AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT, dated as of February 14, 2019 (this “Amendment”), by and among the Depository, NACCO Industries, Inc., a Delaware corporation (the “Corporation”), the new Participating Stockholder identified on the signature pages hereto (the “New Participating Stockholder”) and the Participating Stockholders under the Amended and Restated Stockholders’ Agreement, dated as of September 29, 2017, as amended (the “Stockholders’ Agreement”), by and among the Depository, the Corporation and the Participating Stockholders. Capitalized terms defined in the Stockholders’ Agreement are used herein as so defined.
225,000,000 REVOLVING CREDIT FACILITY AMENDED AND RESTATED CREDIT AGREEMENT by and among THE NORTH AMERICAN COAL CORPORATION and THE LENDERS PARTY HERETO and KEYBANK NATIONAL ASSOCIATION and REGIONS BANK, as Co-Syndication Agents and PNC BANK,...Credit Agreement • November 27th, 2013 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS AMENDED AND RESTATED CREDIT AGREEMENT (as hereafter amended, the "Agreement") is dated as of November 22, 2013 and is made by and among The North American Coal Corporation, a Delaware corporation (the "Borrower"), the LENDERS (as hereinafter defined), KEYBANK NATIONAL ASSOCIATION and REGIONS BANK, each as Co-Syndication Agents and PNC BANK, NATIONAL ASSOCIATION, in its capacity as administrative agent for the Lenders under this Agreement (hereinafter referred to in such capacity as the "Administrative Agent").
AMENDED AND RESTATEDStockholders’ Agreement • October 5th, 2017 • Nacco Industries Inc • Household appliances • Ohio
This AMENDED AND RESTATED STOCKHOLDERS’ AGREEMENT (this “Agreement”) dated as of September 29, 2017 by and among the signatories hereto (“Participating Stockholders,” as described in Section 1.14 hereof), NACCO Industries, Inc., a Delaware corporation (the “Corporation”) and the Depository (as described in Section 1.10 hereof). This Agreement amends and restates, in its entirety, the Stockholders’ Agreement dated as of March 15, 1990, as amended, by and among Ameritrust Company National Association, a national banking association, the Corporation and the participating stockholders party thereto.
TAX ALLOCATION AGREEMENT BY AND BETWEEN NACCO INDUSTRIES, INC. AND HYSTER-YALE MATERIALS HANDLING, INC. Dated September 28, 2012Tax Allocation Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Delaware
THIS TAX ALLOCATION AGREEMENT (this “Agreement”), dated as of September 28, 2012, is by and between NACCO Industries, Inc. (“Parent”), a Delaware corporation, and NMHG Holding Co. (“HY”), a Delaware corporation. Each of Parent and HY is sometimes referred to herein as a “Party” and, collectively, as the “Parties.”
FORM OF AGREEMENT UNDER NACCO INDUSTRIES, INC. SUPPLEMENTAL EXECUTIVE LONG-TERM INCENTIVE BONUS PLAN NACCO Industries, Inc. Cleveland, Ohio 44124-4017 Attention: SecretaryForm of Agreement • September 17th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
The undersigned is an employee of NACCO Industries, Inc. (the “Company”) or one of its wholly-owned subsidiaries (together with the Company, the “Employers”) to whom grants of an award (the “Award”) consisting of [insert number] fully paid and nonassessable shares (the “Award Shares”) of Class A Common Stock, par value $1.00 per share, of the Company (“Class A Common”) were made on ______ __, 20__ by the Compensation Committee (the “Committee”) of the Board of Directors of the Company (the “Board”) pursuant to the NACCO Industries, Inc. Supplemental Executive Long-Term Incentive Bonus Plan (the “Plan”). I hereby accept the Award and acknowledge to and agree with the Company as follows:
AMENDMENT NO. 2 TO THE TRANSITION SERVICES AGREEMENTTransition Services Agreement • March 6th, 2019 • Nacco Industries Inc • Household appliances
THIS AMENDMENT NO. 2 to the Transition Services Agreement, dated as of September 29, 2017 (“Agreement”), is made and entered into effective as of December 18, 2018, by and between NACCO Industries, Inc. (“NACCO”) and Hamilton Beach Brands Holding Company (“HBBHC”). Capitalized words not defined herein have the meaning assigned to them in the Agreement.
AMENDMENT NO. 1 to SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 14th, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
This Second Amended and Restated Credit Agreement dated as of June 30, 2010 (as the same may be amended, restated, supplemented or otherwise modified from time to time, the “Agreement”) is entered into among:
LIGNITE SALES AGREEMENT betweenLignite Sales Agreement • March 20th, 2013 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
This Lignite Sales Agreement (this “Agreement”) is entered into and effective as of April 1, 1998, by and between Mississippi Lignite Mining Company, a Texas joint venture between Phillips Coal Company and The North American Coal Corporation (hereafter referred to as “Seller”), authorized to do business in the State of Mississippi, and Choctaw Generation Limited Partnership (hereafter referred to as “Buyer”), a Delaware limited partnership authorized to do business in the State of Mississippi (collectively, the “Parties”).
CONSULTING AGREEMENTConsulting Agreement • May 18th, 2015 • Nacco Industries Inc • Household appliances • Texas
This CONSULTING AGREEMENT ("Agreement") is entered into effective July 1, 2015 (the "Effective Date") by and between The North American Coal Corporation (the "Company") and Robert L. Benson ("Consultant").
