Astec Industries Inc Sample Contracts

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SECOND AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • August 12th, 1999 • Astec Industries Inc • Construction machinery & equip
AMENDED AND RESTATED SHAREHOLDER PROTECTION RIGHTS AGREEMENT
Shareholder Protection Rights Agreement • December 22nd, 2005 • Astec Industries Inc • Construction machinery & equip • New York

THIS AMENDED AND RESTATED SHAREHOLDER PROTECTION RIGHTS AGREEMENT (as amended from time to time, this "Agreement"), is made and entered into as of December 22, 2005, between Astec Industries, Inc., a Tennessee corporation (the "Company"), and Mellon Investor Services LLC, a New Jersey limited liability company, as Rights Agent (the "Rights Agent", which term shall include any successor Rights Agent hereunder).

STOCK PURCHASE AGREEMENT BY AND AMONG ASTEC INDUSTRIES, INC., DILLMAN EQUIPMENT, INC. AND THE “SELLERS” REFERRED TO HEREIN
Stock Purchase Agreement • August 8th, 2008 • Astec Industries Inc • Construction machinery & equip • Delaware

This Stock Purchase Agreement ("Agreement") is made and entered into as of August 5, 2008, by and among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Buyer"), DILLMAN EQUIPMENT, INC., a Wisconsin corporation (the "Company"), and each of the stockholders of the Company listed on Schedule 1 hereto (each such stockholder is referred to hereinafter as a "Seller" and collectively as the "Sellers").

SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • March 17th, 2020 • Astec Industries Inc • Construction machinery & equip

This separation agreement and general release is between David Silvious, an individual (“Executive”), and Astec Industries, Inc., a Tennessee corporation (“Astec”).

SECOND AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 10th, 2005 • Astec Industries Inc • Construction machinery & equip • Ontario

THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of April 30, 2004 among BREAKER TECHNOLOGY, LTD., an Ontario corporation ("Borrower"); the Guarantors signatory hereto; and GENERAL ELECTRIC CAPITAL CANADA INC., a Canada corporation ("Lender").

Collective Bargaining Agreement, dated February 1, 2001, by and between Trencor, Inc. and the United States Steelworkers of America, AFL-CIO and CLC.
Collective Bargaining Agreement • March 23rd, 2001 • Astec Industries Inc • Construction machinery & equip

This AGREEMENT is entered into as of the 1st day of February, 2001, by and between Trencor, Inc. (the "Company" or "Employer"), located at 1400 East Highway 26, Grapevine, Texas 76051, and the United Steelworkers of America, AFL-CIO, CLC ("Union"). In consideration of the mutual covenants herein contained, it is agreed as follows:

AMENDMENT NO. 2 TO CREDIT AGREEMENT AND WAIVER
Credit Agreement and Waiver • May 14th, 2002 • Astec Industries Inc • Construction machinery & equip • Illinois

This Amendment and Waiver (this "Amendment") is entered into as of May13, 2002, by and among Astec Industries, Inc., a Tennessee corporation ("Astec"), Astec Financial Services, Inc., a Tennessee corporation ("AFS" and together with Astec, the "Borrowers"), Bank One, NA, individually and as agent ("Agent"), and the other financial institutions signatory hereto.

SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • August 3rd, 2023 • Astec Industries Inc • Construction machinery & equip • Tennessee

This Separation Agreement and General Release ("Agreement" or "Release") is entered into and effective as of the 8th day of May, 2023, by and between Anshu Pasricha ("Executive") and Astec Industries, Inc., a Tennessee corporation (the "Company") (each individually referred to hereinafter as a "Party", and collectively as the "Parties").

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 15th, 2004 • Astec Industries Inc • Construction machinery & equip • Ontario

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of March 3, 2004 among BREAKER TECHNOLOGY, LTD., an Ontario corporation ("Borrower"); the Guarantors signatory hereto; and GENERAL ELECTRIC CAPITAL CANADA INC., a Canada corporation ("Lender").

AMENDMENT NO. 3 TO CREDIT AGREEMENT AND WAIVER
Credit Agreement and Waiver • August 14th, 2002 • Astec Industries Inc • Construction machinery & equip • Illinois

This Amendment and Waiver (this "Amendment") is entered into as of August 7, 2002, by and among Astec Industries, Inc., a Tennessee corporation ("Astec"), Astec Financial Services, Inc., a Tennessee corporation ("AFS" and together with Astec, the "Borrowers"), Bank One, NA, individually and as agent ("Agent"), and the other financial institutions signatory hereto.

SIXTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • May 10th, 2005 • Astec Industries Inc • Construction machinery & equip • New York

THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of April 1, 2005 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMSI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware corporation ("Augers"), ASTEC HOLDINGS, INC., a Tennessee corporation ("AHI") and ASTEC INVESTMENT

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 8th, 2007 • Astec Industries Inc • Construction machinery & equip

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (the "First Amendment") is made as of September 14, 2007, by and among ASTEC INDUSTRIES, INC., a Tennessee corporation (the "Borrower"), AMERICAN AUGERS, INC., a Delaware corporation ("AAI"), ASTEC, INC., a Tennessee corporation ("AI"), AI DEVELOPMENT GROUP, INC., a South Dakota corporation ("AID"), AI ENTERPRISES, INC., a South Dakota corporation ("AIE"), ASTEC INVESTMENTS, INC., a Tennessee corporation ("AII"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMS"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), ASTEC UNDERGROUND, INC., a Tennessee corporation ("AUI"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("BTI"), BUCKEYE UNDERGROUND, INC., a Tennessee corporation ("BUI"), BUCKEYE UNDERGROUND, LLC, an Ohio limited liability company ("BUL"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("CPP"), HEATEC, INC., a Tennessee corporation ("HI"), JOHNSON CRUSHERS

STOCK PURCHASE AGREEMENT BY AND AMONG ASTEC INDUSTRIES, INC. PETERSON, INC. AND THE OTHER SHAREHOLDERS OF PETERSON, INC. DATED AS OF MAY 31, 2007
Stock Purchase Agreement • August 8th, 2007 • Astec Industries Inc • Construction machinery & equip • Tennessee

This Stock Purchase Agreement (“Agreement”) is made and entered into as of May 31, 2007, by and among ASTEC INDUSTRIES, INC., a Tennessee corporation (“Buyer”), A. NEIL PETERSON, individually and as the Sellers' Representative, a resident of Oregon ("Neil Peterson"), the shareholders listed in Schedule 3.1(a), ("Shareholders") and PETERSON, INC., an Oregon corporation (the “Company”). Neil Peterson and the other Shareholders are referred to collectively herein as “Sellers.”

SEPARATION AGREEMENT AND GENERAL RELEASE
Separation Agreement and General Release • January 6th, 2023 • Astec Industries Inc • Construction machinery & equip • Tennessee

This Separation Agreement and General Release (“Agreement” or “Release”) is entered into and effective as of the 6th day of January, 2023, by and between Barry A. Ruffalo (“Executive”) and Astec Industries, Inc., a Tennessee corporation (the “Company”) (each individually referred to hereinafter as a “Party”, and collectively as the “Parties”).

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • November 14th, 2003 • Astec Industries Inc • Construction machinery & equip • New York

THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of September 30, 2003 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), SUPERIOR INDUSTRIES OF MORRIS, INC., a Minnesota corporation ("Superior"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), PRODUCTION ENGINEERED PRODUCTS, INC., a Nevada corporation ("Production"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware co

FIFTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 31st, 2005 • Astec Industries Inc • Construction machinery & equip • New York

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of December 27, 2004 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), SUPERIOR INDUSTRIES OF MORRIS, INC., a Minnesota corporation ("Superior"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMSI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware corporation ("Auger

Second Amendment Agreement to
Second Amendment Agreement • May 14th, 2002 • Astec Industries Inc • Construction machinery & equip • Illinois

Reference is made to (i) the separate Note Purchase Agreements each dated as of September 10, 2001 as amended by the First Amendment Agreement dated as of March 12, 2002, (the "First Amendment Agreement") among the Obligors (defined below) and each of you (the "Existing Note Purchase Agreements" and, as amended hereby, the "Note Purchase Agreements"), among Astec Industries, Inc., a Tennessee corporation (the "Company"), Astec Financial Services, Inc., a Tennessee corporation ("Financial" and, together with the Company, the "Obligors"), and the holders named on Schedule A attached thereto, respectively, (ii) the $80,000,000 aggregate principal amount of 7.56% Senior Secured Notes due September 10, 2011 of the Obligors, as amended by the First Amendment (the "Existing Notes" and, as amended hereby, the "Notes") and (iii) the Pledge Agreement dated as of September 10, 2001 between the Company and the Collateral Agent (the "Pledge Agreement").

SECURITY AGREEMENT
Security Agreement • May 14th, 2002 • Astec Industries Inc • Construction machinery & equip • Illinois

THIS PLEDGE AND SECURITY AGREEMENT is entered into as of May 13, 2002, by and among Astec Industries, Inc., a Tennessee corporation ("Astec"), Astec Financial Services, Inc., a Tennessee corporation ("AFS"; each of AFS and Astec being a "Borrower" and collectively constituting the "Borrowers"), the other Credit Parties (as defined below and together with the Borrowers, the "Grantors") and Bank One, NA, a national banking association having its principal office in Chicago, Illinois, in its capacity as collateral agent (the "Collateral Agent").

ASSET PURCHASE AGREEMENT among ASTEC INDUSTRIES, INC., ASTEC UNDERGROUND, INC. and THE CHARLES MACHINE WORKS, INC. dated as of October 31, 2012
Asset Purchase Agreement • March 1st, 2013 • Astec Industries Inc • Construction machinery & equip • Tennessee

This Asset Purchase Agreement (this “Agreement”), dated as of October 31, 2012, is entered into among ASTEC INDUSTRIES, INC., a Tennessee corporation (“Parent”), ASTEC UNDERGROUND, INC., a Tennessee corporation (“Seller”), and THE CHARLES MACHINE WORKS, INC., an Oklahoma corporation (“Buyer”).

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EMPLOYMENT AGREEMENT
Employment Agreement • March 16th, 2006 • Astec Industries Inc • Construction machinery & equip • Tennessee

THIS EMPLOYMENT AGREEMENT (the "Agreement") dated as of December 29, 2004, between Astec Industries, Inc., a Tennessee corporation (the "CORPORATION") and James Neal Ferry, ("EMPLOYEE").

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 15th, 2004 • Astec Industries Inc • Construction machinery & equip • New York

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of March 3, 2004 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), SUPERIOR INDUSTRIES OF MORRIS, INC., a Minnesota corporation ("Superior"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), PRODUCTION ENGINEERED PRODUCTS, INC., a Nevada corporation ("Production"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware corpora

FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • May 8th, 2017 • Astec Industries Inc • Construction machinery & equip • Tennessee

THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated this 12th day of April, 2017, is made and entered into on the terms and conditions hereinafter set forth, by and among ASTEC INDUSTRIES, INC., a Tennessee corporation (the "Borrower"), ASTEC, INC., a Tennessee corporation ("AI"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMS"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("BTI"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("CPP"), GEFCO, INC., a Tennessee corporation ("GI"), HEATEC, INC., a Tennessee corporation ("HI"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("JCI"), KOLBERG-PIONEER, INC., a Tennessee corporation ("KPI"), PETERSON PACIFIC CORP., an Oregon corporation ("PPC"), POWER FLAME INCORPORATED, a Tennessee corporation ("PFI"), ROADTEC, INC., a Tennessee corporation ("RI"), TELSMITH, INC., a Delaware corporation ("TI"; together with AI, A

SEVENTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 16th, 2006 • Astec Industries Inc • Construction machinery & equip • New York

THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of October 18, 2005 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMSI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware corporation ("Augers"), ASTEC HOLDINGS, INC., a Tennessee corporation ("AHI"), AI DEVELOPMENT

Contract
Credit Agreement • May 10th, 2012 • Astec Industries Inc • Construction machinery & equip • Tennessee
AMENDMENT NO. 5 TO CREDIT AGREEMENT AND WAIVER
Credit Agreement and Waiver • March 31st, 2003 • Astec Industries Inc • Construction machinery & equip • Illinois

This Amendment and Waiver (this "Amendment") is entered into as of March 31, 2003, by and among Astec Industries, Inc., a Tennessee corporation ("Astec"), Astec Financial Services, Inc., a Tennessee corporation ("AFS" and together with Astec, the "Borrowers"), Bank One, NA, individually and as agent ("Agent"), and the other financial institutions signatory hereto.

December 15, 2009
Astec Industries Inc • March 1st, 2010 • Construction machinery & equip
February 5, 2009
Astec Industries Inc • May 11th, 2009 • Construction machinery & equip

Reference is made to that certain Credit Agreement dated as of April 13, 2007 (the “Credit Agreement”) by and between Astec Industries, Inc. (“Astec”) and Wachovia Bank, National Association (the “Bank”). Terms used herein and not defined herein have their respective defined meanings as set forth in the Credit Agreement.

AMENDMENT TO ASSET PURCHASE AGREEMENT
Asset Purchase Agreement • August 9th, 2004 • Astec Industries Inc • Construction machinery & equip

THIS AMENDMENT TO ASSET PURCHASE AGREEMENT ("Amendment"), is made as of June 30, 2004 by and between Astec Industries, Inc., a Tennessee corporation ("Astec"), Superior Industries of Morris, Inc., a Minnesota corporation ("Seller"), and Superior Industries, LLC, a Minnesota limited liability company ("Buyer").

FOURTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • March 31st, 2005 • Astec Industries Inc • Construction machinery & equip • New York

THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made and entered into as of August 11, 2004 among ASTEC INDUSTRIES, INC., a Tennessee corporation ("Astec Industries"), ASTEC, INC., a Tennessee corporation ("AI"), HEATEC, INC., a Tennessee corporation ("Heatec"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), ASTEC SYSTEMS, INC., a Tennessee corporation ("ASI"), TELSMITH, INC., a Delaware corporation ("Telsmith"), KOLBERG - PIONEER, INC., a Tennessee corporation ("Kolberg"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("Crushers"), SUPERIOR INDUSTRIES OF MORRIS, INC., a Minnesota corporation ("Superior"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("Breaker"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMSI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("Carlson"), ROADTEC, INC., a Tennessee corporation ("Roadtec"), TRENCOR, INC., a Texas corporation ("Trencor"), AMERICAN AUGERS, INC., a Delaware corporation ("Augers

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT
Credit Agreement • March 18th, 2019 • Astec Industries Inc • Construction machinery & equip • Tennessee

THIS SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT (this "Amendment"), dated this 26th day of February, 2019, is made and entered into on the terms and conditions hereinafter set forth, by and among ASTEC INDUSTRIES, INC., a Tennessee corporation (the "Borrower"), ASTEC, INC., a Tennessee corporation ("AI"), ASTEC MOBILE SCREENS, INC., a Nevada corporation ("AMS"), BREAKER TECHNOLOGY, INC., a Tennessee corporation ("BTI"), CEI ENTERPRISES, INC., a Tennessee corporation ("CEI"), CARLSON PAVING PRODUCTS, INC., a Washington corporation ("CPP"), GEFCO, INC., a Tennessee corporation ("GI"), HEATEC, INC., a Tennessee corporation ("HI"), JOHNSON CRUSHERS INTERNATIONAL, INC., a Tennessee corporation ("JCI"), KOLBERG-PIONEER, INC., a Tennessee corporation ("KPI"), PETERSON PACIFIC CORP., an Oregon corporation ("PPC"), POWER FLAME INCORPORATED, a Tennessee corporation ("PFI"), ROADTEC, INC., a Tennessee corporation ("RI"), TELSMITH, INC., a Delaware corporation ("TI"; together with A

Contract
Sale of Business Agreement • March 23rd, 2001 • Astec Industries Inc • Construction machinery & equip

Sale of Business Agreement, dated September 29, 2000, between Anglo Operations Limited and High Mast Properties 18 Limited and Astec Industries, Inc. for the purchase of the materials handling and processing products division of the Boart-Longyear Division of Anglo Operations Limited.

CREDIT AGREEMENT
Credit Agreement • November 14th, 2001 • Astec Industries Inc • Construction machinery & equip
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