SECOND AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • Missouri
THIS SECOND AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of January 1, 2004 by and among Thermadyne Holdings Corporation, a Delaware corporation (“Holdings”), and its subsidiaries (together with Holdings, the “Employers”), and Robert D. Maddox (“Employee”).
AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • Missouri
This AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of June 13, 2002 by and among Thermadyne Holdings Corporation, a Delaware corporation (“Holdings”), the subsidiaries of Holdings signatory hereto (together with Holdings, the “Employers”) and Dennis G. Klanjscek (“Employee”).
SECOND AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • Missouri
THIS SECOND AMENDED AND RESTATED EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of January 1, 2004 by and among Thermadyne Holdings Corporation, a Delaware corporation (“Holdings”), the subsidiaries of Holdings (together with Holdings, the “Employers”), and Patricia S. Williams (“Employee”).
SECOND AMENDMENT TO AGREEMENTAgreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
This Second Amendment, dated November 24, 2004, is among Thermadyne Holdings Corporation, a Delaware corporation, its subsidiaries, (collectively the “Company”), and James H. Tate (“Executive”).
BASIC LEASE INFORMATIONLease Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
THIS LEASE AGREEMENT, made and entered into by Alliance Gateway No. 58, Ltd., a Texas limited partnership (“Landlord”) and Victor Equipment Company, a Delaware corporation (“Tenant”);
CONTRACT TO ESTABLISH AN EQUITY JOINT VENTURE ENTERPRISEJoint Venture Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
In accordance with the “Law of the People’s Republic of China on Sino-foreign Equity Joint Venture Enterprises” (hereinafter, the “EJV Law”), the implementing regulations thereto, and other relevant laws and regulations, Ningbo Longxing Group Corporation Limited, a limited liability company incorporated pursuant to the laws of the People’s Republic of China (hereinafter, “China” or “the PRC”), and Thermadyne Holdings Corporation, a limited liability company incorporated pursuant to the laws of the State of Delaware of the United States of America, having engaged in friendly consultations conducted in accordance with the principle of equality and mutual benefit, now agree to jointly invest in, and to establish in accordance with the EJV Law and other relevant Chinese laws and regulations, an equity joint venture enterprise in Ningbo, China.
THIRD AMENDMENT to SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • New York
This THIRD AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (the “Amendment”), dated as of the 30th day of March, 2005, by and among THERMADYNE INDUSTRIES, INC., a Delaware corporation (“Industries”), THERMAL DYNAMICS CORPORATION, a Delaware corporation (“Dynamics”), TWECO PRODUCTS, INC., a Delaware corporation (“Tweco”), VICTOR EQUIPMENT COMPANY, a Delaware corporation (“Victor”), C & G SYSTEMS, INC., an Illinois corporation (“C & G”), STOODY COMPANY, a Delaware corporation (“Stoody”), THERMAL ARC, INC., a Delaware corporation (“Thermal Arc”), PROTIP CORPORATION, a Missouri corporation (“ProTip”), THERMADYNE INTERNATIONAL CORP., a Delaware corporation (“International”, and collectively with ProTip, Thermal Arc, Stoody, C & G, Victor, Tweco, Dynamics and Industries, the “Borrowers”), the other persons designated as Credit Parties on the signature pages hereof, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Agent”) and the Persons signatory thereto from time to
AGREEMENTExecutive Employment Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • Missouri
This Agreement, dated August 27, 2004, is among Thermadyne Holdings Corporation, a Delaware corporation, its subsidiaries, (collectively the “Company”), and James H. Tate (“Executive”).
AMALGAMATION AGREEMENT made effective as of the 26th day of September, 1980.Amalgamation Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
VICTOR EQUIPMENT COMPANY OF CANADA LTD., an Ontario corporation governed by The Business Corporations Act, having, its head office in the Municipality of Metropolitan Toronto, in the said Province,
ContractSecond Lien Credit Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • New York
AMENDMENT NO. 5 (this “Amendment”) dated as of March 30, 2005, to the Second Lien Credit Agreement dated as of July 29, 2004, among THERMADYNE INDUSTRIES, INC., a Delaware corporation (“Industries”), THERMAL DYNAMICS CORPORATION, a Delaware corporation (“Dynamics”), TWECO PRODUCTS, INC., a Delaware corporation (“Tweco”), VICTOR EQUIPMENT COMPANY, a Delaware corporation (“Victor”), C & G SYSTEMS, INC., an Illinois corporation (“C & G”), STOODY COMPANY, a Delaware corporation (“Stoody”), THERMAL ARC, INC., a Delaware corporation (“Thermal Arc”), PROTIP CORPORATION, a Missouri corporation (“ProTip”), and THERMADYNE INTERNATIONAL CORP., a Delaware corporation (“International” and, together with ProTip, Thermal Arc, Stoody, C & G, Victor, Tweco, Dynamics and Industries, the “Borrowers”), the Guarantors party thereto, the Lenders from time to time party thereto and CREDIT SUISSE FIRST BOSTON, as administrative agent (in such capacity, the “Administrative Agent”) and collateral agent (in such
FIRST AMENDMENT TO AGREEMENTFirst Amendment to Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
This First Amendment, dated November 11, 2004, is among Thermadyne Holdings Corporation, a Delaware corporation, its subsidiaries, (collectively the “Company”), and James H. Tate (“Executive”).
LEASE AGREEMENTLease Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
Party A will lease the buildings it owns to Party B, and Party B needs to rent the same and is willing to pay relevant expenses thereof. In order to specify the rights and obligations for each of the Lessor and Lessee, the Parties have reached the following agreement (the “Agreement”) upon consultation and in accordance with the “Contract Law of the People’s Republic of China”:
FIRST AMENDMENT TO LEASELease • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
THIS FIRST AMENDMENT TO LEASE (this “First Amendment”) is entered into effective as of May 1, 2004, by and between Alliance Gateway No. 58, Ltd., a Texas limited partnership (“Landlord”) and Victor Equipment Company, a Delaware Corporation (“Tenant”).
LEASE AGREEMENTLease Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types
Party A will lease the buildings it owns to Party B, and Party B needs to rent the same and is willing to pay relevant expenses thereof. In order to specify the rights and obligations for each of the Lessor and Lessee, the Parties have reached the following agreement (the “Agreement”) upon consultation and in accordance with the “Contract Law of the People’s Republic of China”:
ContractSecond Lien Credit Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • New York
AMENDMENT NO. 3 AND CONSENT (this “Amendment”) dated as of January 3, 2005, to the Second Lien Credit Agreement dated as of July 29, 2004, among THERMADYNE INDUSTRIES, INC., a Delaware corporation (“Industries”), THERMAL DYNAMICS CORPORATION, a Delaware corporation (“Dynamics”), TWECO PRODUCTS, INC., a Delaware corporation (“Tweco”), VICTOR EQUIPMENT COMPANY, a Delaware corporation (“Victor”), C & G SYSTEMS, INC., an Illinois corporation (“C & G”), STOODY COMPANY, a Delaware corporation (“Stoody”), THERMAL ARC, INC., a Delaware corporation (“Thermal Arc”), PROTIP CORPORATION, a Missouri corporation (“ProTip”), and THERMADYNE INTERNATIONAL CORP., a Delaware corporation (“International” and, together with ProTip, Thermal Arc, Stoody, C & G, Victor, Tweco, Dynamics and Industries, the “Borrowers”), the Guarantors party thereto, the Lenders from time to time party thereto and CREDIT SUISSE FIRST BOSTON, as administrative agent (in such capacity, the “Administrative Agent”) and collateral a
FIRST AMENDMENT AND CONSENTCredit Agreement • March 31st, 2005 • Thermadyne Holdings Corp /De • Machine tools, metal cutting types • New York
This FIRST AMENDMENT AND CONSENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (the “Amendment”), effective as of the 21st day of December, 2004, by and among THERMADYNE INDUSTRIES, INC., a Delaware corporation (“Industries”), THERMAL DYNAMICS CORPORATION, a Delaware corporation (“Dynamics”), TWECO PRODUCTS, INC., a Delaware corporation (“Tweco”), VICTOR EQUIPMENT COMPANY, a Delaware corporation (“Victor”), C & G SYSTEMS, INC., an Illinois corporation (“C & G”), STOODY COMPANY, a Delaware corporation (“Stoody”), THERMAL ARC, INC., a Delaware corporation (“Thermal Arc”), PROTIP CORPORATION, a Missouri corporation (“ProTip”), THERMADYNE INTERNATIONAL CORP., a Delaware corporation (“International”, and collectively with ProTip, Thermal Arc, Stoody, C & G, Victor, Tweco, Dynamics and Industries, the “Borrowers”), the other persons designated as Credit Parties on the signature pages hereof, GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Agent”) and the Persons signatory th
