RECITALSCredit Agreement • March 30th, 2001 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
1 EXHIBIT 1 AGREEMENT AND PLAN OF MERGER BY AND AMONG AMERICAN INDUSTRIAL PARTNERS ACQUISITION COMPANY, LLC BUCYRUS ACQUISITION CORP. AND BUCYRUS INTERNATIONAL, INC. DATED AS OF AUGUST 21, 1997 2 TABLE OF CONTENTSMerger Agreement • August 26th, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
2 3 hereinafter defined), (ii) no later than ten business days after such notice has been given and (iii) no earlier than two business days after such notice has been given. If any Additional Shares are to be purchased, each Underwriter, severally and...Underwriting Agreement • August 11th, 1997 • CTB International Corp • Mining machinery & equip (no oil & gas field mach & equip) • New York
NON-QUALIFIED STOCK OPTION AGREEMENT AGREEMENT, effective as of January 1, 1998, between CTB International Corp., a Delaware corporation (the "Company"), and ___________________ (the "Optionee"). W I T N E S S E T H : WHEREAS, the Company, acting...Non-Qualified Stock Option Agreement • May 15th, 1998 • CTB International Corp • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
EXHIBIT 2.1 ASSET PURCHASE AGREEMENT Dated as of July 21, 1997Asset Purchase Agreement • September 2nd, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
EXHIBIT 1.1 HARNISCHFEGER INDUSTRIES, INC. Debt Securities DISTRIBUTION AGREEMENTDistribution Agreement • February 17th, 1998 • Harnischfeger Industries Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
DATED AS OF AUGUST 15, 1997 AMONG CTB, INC. CHORE-TIME BROCK HOLDING B. V. AS BORROWERS THE LENDING INSTITUTIONS NAMED THEREIN AS LENDERS ANDCredit Agreement • August 13th, 1998 • CTB International Corp • Mining machinery & equip (no oil & gas field mach & equip) • Ohio
RECITALSCredit Agreement • March 30th, 2000 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
TOLoan and Security Agreement • October 24th, 2006 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
EXHIBIT 5 SETTLEMENT AGREEMENT This agreement is made and entered into effective this 21st day of August, 1997, by and among BUCYRUS INTERNATIONAL, INC. ("BI") and JACKSON NATIONAL LIFE INSURANCE COMPANY ("JNL"). WHEREAS, BI is the successor in...Settlement Agreement • August 27th, 1997 • Jackson National Life Insurance Co /Mi • Mining machinery & equip (no oil & gas field mach & equip)
EXHIBIT 3 STOCKHOLDER AGREEMENT STOCKHOLDER AGREEMENT (this "Agreement"), dated as of August 21, 1997, by and among American Industrial Partners Acquisition Company, LLC, a Delaware limited liability company ("Parent"), Bucyrus Acquisition Corp., a...Stockholder Agreement • August 27th, 1997 • Jackson National Life Insurance Co /Mi • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
EXHIBIT 10.21 Bucyrus International, Inc. 1100 Milwaukee Avenue South Milwaukee, Wisconsin 53172-0500 July 27, 2004 Mr. Timothy W. Sullivan President and Chief Executive Officer Bucyrus International, Inc. 1100 Milwaukee Avenue South Milwaukee,...Letter Agreement • August 16th, 2004 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • Wisconsin
betweenShareholders' Agreement • December 21st, 2006 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 29, 2014 among JOY GLOBAL INC., as the Borrower, CERTAIN OF ITS DOMESTIC SUBSIDIARIES, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C...Credit Agreement • July 29th, 2014 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT is entered into as of July 29, 2014, among JOY GLOBAL INC., a Delaware corporation (the “Borrower”), the Guarantors (defined herein), the Lenders (defined herein), BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer and JPMORGAN CHASE BANK, N.A., as Swing Line Lender and an L/C Issuer.
COMPANYRights Agreement • July 17th, 2002 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
1 EXHIBIT 10.2 MANAGEMENT SERVICES AGREEMENT THIS MANAGEMENT SERVICES AGREEMENT (this "Agreement") is dated on or after the consummation of the tender offer by and among Bucyrus International, Inc., a Delaware corporation (the "Corporation"),...Management Services Agreement • November 3rd, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
AMENDMENT NO. 1Loan and Security Agreement • March 31st, 2003 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
RECITALSCredit Agreement • November 12th, 1999 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
EXHIBIT 10.17(b) FORM 10-Q QUARTER ENDED SEPTEMBER 30, 1998 AMENDMENT NO. 1 TO THE STOCKHOLDERS AGREEMENT This AMENDMENT NO. 1 TO THE STOCKHOLDERS AGREEMENT, dated as of September 1, 1998 among BUCYRUS INTERNATIONAL, INC., a Delaware corporation (the...Stockholders Agreement • November 16th, 1998 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
AGREEMENTSCredit Agreement • November 6th, 2000 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
ESCO Corporation Class A Common Stock, no par value per share Underwriting AgreementUnderwriting Agreement • May 18th, 2012 • ESCO Corp • Mining machinery & equip (no oil & gas field mach & equip) • New York
ESCO Corporation, an Oregon corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the Underwriters named in Schedule I hereto (the “Underwriters”), for whom Goldman, Sachs & Co. and Morgan Stanley & Co. LLC are acting as representatives (the “Representatives”), an aggregate of [·] shares and, at the election of the Underwriters, up to [·] additional shares of Class A Common Stock, (“Stock”) of the Company and the stockholders of the Company named in Schedule III hereto (the “Selling Stockholders”) propose, subject to the terms and conditions stated herein, to sell to the Underwriters an aggregate of [·] shares of Stock. The aggregate of [·] shares to be sold by the Company and the Selling Stockholders is herein called the “Firm Shares” and the aggregate of [·] additional shares to be sold by the Company is herein called the “Optional Shares”. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant
RECITALCredit Agreement • March 20th, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
BUCYRUS INTERNATIONAL, INC. AMERICAN INDUSTRIAL PARTNERS By: /s/ W. R. HILDEBRAND By: /s/ LAWRENCE W. WARD JR. -------------------------------------------- -------------------------------------------- Lawrence W. Ward Jr. W. R. Hildebrand Principal...Confidentiality Agreement • August 26th, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
EXHIBIT 10.1 SHARE PURCHASE AGREEMENT for the acquisition of 100 % of the Shares in DBT GmbHShare Purchase Agreement • December 21st, 2006 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
JOY GLOBAL INC. $250,000,000 6.000% Senior Notes due 2016 $150,000,000 6.625% Senior Notes due 2036 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 16th, 2006 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
Joy Global Inc., a Delaware corporation (the “Issuer”), proposes to issue and sell to Banc of America Securities LLC, Lehman Brothers Inc., UBS Securities LLC and the other initial purchasers named in the Purchase Agreement (collectively, the “Initial Purchasers”), upon the terms set forth in a purchase agreement dated the same date as this Agreement (the “Purchase Agreement”), $250,000,000 aggregate principal amount of its 6.000% Senior Notes due 2016 and $150,000,000 aggregate principal amount of its 6.625% Senior Notes due 2036 (collectively, the “Initial Securities”) to be guaranteed (the “Guarantees”) by the subsidiary guarantors named in Schedule A hereto (the “Guarantors” and, collectively with the Issuer, the “Company”). The Initial Securities will be issued pursuant to an Indenture and a Supplemental Indenture, each dated as of November 10, 2006 (collectively, the “Indenture”), among the Issuer, the Guarantors and Wells Fargo Bank Minnesota, N.A., as trustee (the “Trustee”). A
Section 1.1 The Offer................................... 2 Section 1.2 Company Actions............................. 5 Section 1.3 Directors................................... 7 Section 1.4 The Merger.................................. 9 Section 1.5...Merger Agreement • August 26th, 1997 • Bucyrus Acquisition Corp • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
BUCYRUS INTERNATIONAL, INC. and LASALLE BANK NATIONAL ASSOCIATION Rights Agent RIGHTS AGREEMENT Dated as of August 2, 2007Rights Agreement • August 6th, 2007 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
THIS AGREEMENT, dated as of August 2, 2007, between BUCYRUS INTERNATIONAL, INC., a Delaware corporation (the “Company”), and LASALLE BANK NATIONAL ASSOCIATION, a New York banking corporation (the “Rights Agent”).
1 EXHIBIT 2 GUARANTEE Guarantee, dated as of August 21, 1997, by and between Bucyrus International, Inc., a Delaware corporation (the "Company") and American Industrial Partners Capital Fund II, L.P., a Delaware limited partnership ("Guarantor")....Guarantee • August 26th, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
RECITALCredit Agreement • April 1st, 2002 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip)
1 EXHIBIT 10.3 BUCYRUS INTERNATIONAL, INC. 9-3/4% Senior Notes Due 2007 REGISTRATION AGREEMENTRegistration Agreement • November 3rd, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
RECITALS: A. The Company and certain of the Company's subsidiaries are parties to a Joint Plan of Reorganization (the "Plan") under Chapter 11 of the Bankruptcy ---- Code. The Company has agreed, upon the terms and subject to the conditions of the...Registration Rights Agreement • July 12th, 2001 • Joy Global Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
EXHIBIT 2.3 ASSET PURCHASE AGREEMENT Dated as of July 21, 1997Asset Purchase Agreement • November 12th, 1997 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
TOLoan and Security Agreement • October 24th, 2006 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
4,614,000 Shares BUCYRUS INTERNATIONAL, INC. Class A Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 10th, 2007 • Bucyrus International Inc • Mining machinery & equip (no oil & gas field mach & equip) • New York
Bucyrus International, Inc., a Delaware corporation (the “Company”), proposes to sell 4,614,000 shares (the “Firm Stock”) of the Company’s Class A common stock, par value $0.01 per share (the “Common Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule 1 attached to this agreement (this “Agreement”) an option to purchase up to 692,100 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
ARTICLE IOperating Agreement • July 12th, 2001 • Horsburgh & Scott Co • Mining machinery & equip (no oil & gas field mach & equip) • Delaware
