SECOND AMENDMENT TO AMENDED & RESTATED CREDIT AGREEMENTCredit Agreement • July 27th, 2006 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • New York
THIS SECOND AMENDMENT TO AMENDED & RESTATED CREDIT AGREEMENT (this “Second Amendment”) dated as of July 21, 2006, relates to that certain Amended and Restated Credit Agreement dated as of December 19, 2005 (as amended by that certain First Amendment, dated as of March 22, 2006, and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among NMHG Holding Co., a Delaware corporation (“NMHG Holding”), NACCO Materials Handling Group, Inc., a Delaware corporation (“NMHG”), NACCO Materials Handling Limited (company number 02636775), incorporated under the laws of England and Wales (the “UK Borrower”), NACCO Materials Handling B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (together with NMHG Holding, NMHG and the UK Borrower, the “Borrowers”), the financial institutions from time to time a party thereto as Lenders, whether by execution of the Credit Agreement or a
AGREEMENT AND PLAN OF MERGER BY AND BETWEEN HB-PS HOLDING COMPANY, INC. AND APPLICA INCORPORATED AND JOINED IN BY NACCO INDUSTRIES, INC. FOR THE SPECIFIC PURPOSES HEREIN PROVIDED JULY 23, 2006Merger Agreement • July 27th, 2006 • Nacco Industries Inc • Industrial trucks, tractors, trailors & stackers • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), is dated as of July 23, 2006, by and between HB-PS Holding Company, Inc., a Delaware corporation (“Hampton”) and a wholly owned, indirect subsidiary of NACCO Industries, Inc., a Delaware corporation (“Parent”), and Applica Incorporated, a Florida corporation (“Apple”), and is joined in by Parent for the specific purposes herein provided.
