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”),
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.”
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.”
LIGNITE SALES AGREEMENT betweenLignite Sales Agreement • November 1st, 2012 • 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”).
THIRD RESTATEMENT OF LIGNITE MINING AGREEMENTLignite Mining Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
THIS AGREEMENT is made and entered into as of January 1, 2008 by and between SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation (hereinafter referred to as "SWEPCO"), and THE SABINE MINING COMPANY, a Nevada corporation (hereinafter referred to as "SABINE"), a wholly-owned subsidiary of The North American Coal Corporation, a Delaware corporation, SABINE being incorporated for the sole and single purpose of performing the services, functions, duties and obligations stated herein to be performed by SABINE.
SECOND RESTATEMENT OF COAL SALES AGREEMENT between THE FALKIRK MINING COMPANY and GREAT RIVER ENERGY dated as of January 1, 2007Coal Sales Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • North Dakota
THIS SECOND RESTATEMENT OF COAL SALES AGREEMENT (“Agreement”) is made as of January 1, 2007, between THE FALKIRK MINING COMPANY, an Ohio corporation qualified to do business in North Dakota (“Falkirk”), and GREAT RIVER ENERGY, a Minnesota cooperative corporation (“GRE”).
TRANSITION SERVICES AGREEMENTTransition Services Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Delaware
This TRANSITION SERVICES AGREEMENT (this “Agreement”), dated as of September 28, 2012, by and among NACCO Industries, Inc., a Delaware corporation (“NACCO”) and Hyster-Yale Materials Handling, Inc., a Delaware corporation and a wholly owned subsidiary of NACCO (“Hyster-Yale”). All capitalized terms used but not defined herein shall have their respective meanings set forth in the Separation Agreement (as defined herein).
AMENDMENT NO. 1 TO SECOND RESTATEMENT OF COAL SALES AGREEMENTCoal Sales Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS AMENDMENT NO. 1 TO SECOND RESTATEMENT OF COAL SALES AGREEMENT (this "Amendment") is made as of January 21, 2011, by and between THE FALKIRK MINING COMPANY, a wholly-owned subsidiary of The North American Coal Corporation and an Ohio corporation qualified to do business in North Dakota ("Falkirk"), and GREAT RIVER ENERGY, a Minnesota cooperative corporation ("GRE").
FIRST AMENDMENT TO OPTION AND PUT AGREEMENTOption and Put Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS FIRST AMENDMENT TO OPTION AND PUT AGREEMENT ("Amendment") dated as of June 1, 1994, is by and among THE NORTH AMERICAN COAL CORPORATION, a Delaware corporation hereinafter referred to as "North American Coal”, DAKOTA COAL COMPANY, a North Dakota corporation, hereinafter referred to as "Dakota"; and the STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, hereinafter referred to as "Escrow Agent".
ADDENDUM TO OPTION AGREEMENTOption Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS AGREEMENT is and shall be an Addendum to that certain Option Agreement executed of even date herewith, to which this Addendum is attached, by and among THE NORTH AMERICAN COAL CORPORATION, an Ohio corporation with its principal office at Cleveland, Ohio, hereinafter referred to as "NACCO"; and SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation with its principal office at Shreveport, Louisiana, hereinafter referred to as "SWEPCO"; and Longview National Bank, a national banking association with its principal office at Longview, Texas, hereinafter referred to as "Escrow Agent", and is intended and shall be an addendum and modification to certain of the terms and provisions of the referenced Option Agreement, and to the extent any term or provision hereof conflicts with a term or provision of said Option Agreement, the terms and provisions hereof shall be superior in all such respects, and is as follows:
SECOND AMENDMENT TO COTEAU LIGNITE SALES AGREEMENTCoteau Lignite Sales Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS SECOND AMENDMENT TO THE COTEAU LIGNITE SALES AGREEMENT ("Amendment") dated as of January 1, 1997, is by and between THE COTEAU PROPERTIES COMPANY, an Ohio corporation authorized to do business in the State of North Dakota ("Coteau"), and DAKOTA COAL COMPANY, a North Dakota corporation (“Dakota”).
OPTION AGREEMENTOption Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
THIS OPTION AGREEMENT is made and entered into on January 15, 1981, by and among THE NORTH AMERICAN COAL CORPORATION, an Ohio corporation with its principal office at Cleveland, Ohio, hereinafter referred to as “NACCO”; and SOUTHESTERN ELECTRIC POWER COMPANY, a Delaware corporation with its principal office at Shreveport, Louisiana, hereinafter referred to as “SWEPCO”, and Longview National Bank, a national banking association with its principal office at Longview, Texas, hereinafter referred to as “Escrow Agent”.
OPTION AND PUT AGREEMENTOption and Put Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • North Dakota
THIS OPTION AND PUT AGREEMENT ("Agreement") is made and entered into as of the 1st day of January, 1990, by and among THE NORTH AMERICAN COAL CORPORATION, a Delaware corporation, hereinafter referred to as "North American Coal"; DAKOTA COAL COMPANY, a North Dakota corporation, hereinafter referred to as "Dakota"; and the STATE OF NORTH DAKOTA, doing business as the Bank of North Dakota, hereinafter referred to as "Escrow Agent''.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
THE KITCHEN COLLECTION, LLC, an Ohio limited liability company (as successor by merger to The Kitchen Collection, Inc., a Delaware corporation), for itself and as Lead Borrower (in such capacity, the “Lead Borrower”) for the other Borrowers party thereto from time to time (together with the Lead Borrower, individually, a “Borrower”, and collectively, the “Borrowers”),
PAY SCALE AGREEMENTPay Scale Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Texas
This Pay Scale Agreement ("Agreement") is made and entered into between Mississippi Lignite Mining Company ("MLMC"), a Texas joint venture authorized to do business in the State of Mississippi, and Choctaw Generation Limited Partnership by Choctaw Generation, Inc., its general partner, ("CGLP"), a Delaware limited partnership authorized to do business in the State of Mississippi (MLMC and CGLP are referred to collectively as the "Parties"), effective as of the last date acknowledged below.
RESTATEMENT OF OPTION AGREEMENTOption Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS RESTATEMENT OF OPTION AGREEMENT ("Agreement") is made and entered into as of January 1, 1997, by and among THE FALKIRK MINING COMPANY, an Ohio corporation qualified to do business in North Dakota (hereinafter referred to as "Seller"), and COOPERATIVE POWER ASSOCIATION, a Minnesota electric cooperative corporation qualified to do business in North Dakota, and UNITED POWER ASSOCIATION, a Minnesota electric cooperative corporation qualified to do business in North Dakota (hereinafter collectively referred to as "Buyer"), and the STATE OF NORTH DAKOTA, doing business as THE BANK OF NORTH DAKOTA ("Escrow Agent").
AMENDMENT TO OPTION AGREEMENTOption Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS AMENDMENT TO OPTION AGREEMENT (“Amendment”) is made and entered into as of December 2, 1996, by and among THE NORTH AMERICAN COAL CORPORATION, a Delaware corporation with its principal office at Dallas, Texas (hereinafter referred to as “NAC”); and SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation with its principal office at Shreveport, Louisiana (hereinafter referred to as “SWEPCO”); and LONGVIEW NATIONAL BANK, having an office at Longview, Texas (hereinafter referred to as “Escrow Agent”).
SECOND AMENDMENT TO OPTION AGREEMENTOption Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS SECOND AMENDMENT TO OPTION AGREEMENT (“Amendment”) is made and entered into as of January 1, 2008, by and among THE NORTH AMERICAN COAL CORPORATION (formerly known as Nortex Mining Company), a Delaware corporation with its principal office at Dallas, Texas (hereinafter referred to as “NACCO”); and SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation with its principal office at Columbus, Ohio (hereinafter referred to as “SWEPCO”); and REGIONS BANK, having an office at Longview, Texas (hereinafter referred to as “Regions” or “Escrow Agent”).
FIRST AMENDMENT TO COTEAU LIGNITE SALES AGREEMENTCoteau Lignite Sales Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS FIRST AMENDMENT TO COTEAU LIGNITE SALES AGREEMENT ("Amendment") dated as of June 1, 1994, is by and between THE COTEAU PROPERTIES COMPANY, an Ohio corporation authorized to do business in the State of North Dakota (Coteau) and DAKOTA COAL COMPANY, a North Dakota corporation (Dakota).
COTEAU LIGNITE SALES AGREEMENT dated as of January 1, 1990 by and between THE COTEAU PROPERTIES COMPANY and DAKOTA COAL COMPANYCoteau Lignite Sales Agreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • North Dakota
THIS COTEAU LIGNITE SALES AGREEMENT (Agreement) dated as of January 1, 1990, is by and between THE COTEAU PROPERTIES COMPANY, an Ohio corporation authorized to do business in the State of North Dakota (Coteau) and DAKOTA COAL COMPANY, a North Dakota corporation (Dakota).
AGREEMENTAgreement • November 1st, 2012 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers
THIS AGREEMENT (“Agreement”) is made and entered into as of the 30th day of June, 1988, by and among THE NORTH AMERICAN COAL CORPORATION, an Ohio corporation (hereinafter referred to as “NACCO”); SOUTHWESTERN ELECTRIC POWER COMPANY, a Delaware corporation individually and as Project Manager of the Henry W. Pirkey Power Plant and the associated Lignite Reserves and in behalf of owners thereof (hereinafter referred to as “SWEPCO”); TEXAS COMMERCE BANK-LONGVIEW, NATIONAL ASSOCIATION (successor to Longview National Bank), a national Banking association having an office at Longview, Texas (hereinafter referred to as “Escrow Agent”); NORTEX MINING COMPANY, a Delaware corporation and wholly-owned subsidiary of NACCO (hereinafter referred to as (“NORTEX”); and THE SABINE MINING COMPANY, a Delaware corporation and wholly–owned subsidiary of NACCO (hereinafter referred to as “SABINE”).
