JOINDER AGREEMENT
Exhibit 10.1(c)
WHEREAS, The Manitowoc Company, Inc. (the “Company”) has entered into that certain Settlement Agreement by and among the parties listed on Exhibit A thereto (the “Shareholders”) and the Company (the “Settlement Agreement”), dated February 6, 2015, a copy of which is attached hereto; and
WHEREAS, the Company’s management has separated the Company’s Cranes business (the “Cranes Business”) and Foodservice business (the “Foodservice Business”) into two independent, publicly-traded companies, as a result of which the undersigned Manitowoc Foodservice, Inc., a Delaware corporation (the “Joining Party”), is an independent, publicly-traded company that owns and operates the Foodservice Business; and
WHEREAS, the Settlement Agreement requires that the Joining Party execute and deliver to the Shareholders this Joinder Agreement.
NOW, THEREFORE, the Joining Party hereby joins in the Settlement Agreement and agrees that it shall be deemed to be “FoodserviceCo” and “SpinCo” within the meaning of the Settlement Agreement and shall be bound by all of the terms and conditions of the Settlement Agreement applicable to FoodserviceCo and SpinCo thereunder.
[Signature page follows]
By:/s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx Title: Senior Vice President, General Counsel and Secretary |
IN WITNESS WHEREOF, the undersigned has executed this Joinder Agreement as of March 28, 2016.
ICAHN PARTNERS MASTER FUND LP ICAHN OFFSHORE LP ICAHN PARTNERS LP ICAHN ONSHORE LP BECKTON CORP. XXXXXX INVESTMENTS LLC By: Barberry Corp., its sole member BARBERRY CORP. HIGH RIVER LIMITED PARTNERSHIP By: Xxxxxx Investments LLC, general partner By: Barberry Corp., its sole member | ||
By: /s/ Xxxxx Xxxxx Name: Title: | ||
ICAHN CAPITAL LP By: IPH GP LLC, its general partner By: Icahn Enterprises Holdings L.P., its sole member By: Icahn Enterprises G.P. Inc., its general partner IPH GP LLC By: Icahn Enterprises Holdings L.P., its sole member By: Icahn Enterprises G.P. Inc., its general partner ICAHN ENTERPRISES HOLDINGS L.P. By: Icahn Enterprises G.P. Inc., its general partner ICAHN ENTERPRISES G.P. INC. | ||
By: /s/ Xxxxx Xxxxx Name: Title: | ||
/s/ Xxxx X. Icahn
Xxxx X. Icahn
Xxxx X. Icahn
