LOAN, SECURITY AND GUARANTY AGREEMENT dated as ofLoan, Security and Guaranty Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York
THIS LOAN, SECURITY AND GUARANTY AGREEMENT is dated as of December 18, 2013, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), NACCO MATERIALS HANDLING GROUP, INC., a Delaware corporation (“NMHG”, and together with Parent, the “Initial U.S. Borrowers”), NACCO MATERIALS HANDLING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“NACCO BV”), N.M.H. INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“NMH International”), N.M.H. HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“Holding BV”, and together with NACCO BV and NMH International, the “Initial Dutch Borrowers”), NACCO MATERIALS HANDLING LIMITED, a company incorporated in England and Wales with company number 02636775 (the “Initial UK Bo
GUARANTY AGREEMENTGuaranty Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York
THIS GUARANTY AGREEMENT (this “Guaranty”) is dated as of November 21, 2013, by HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation having an address at 5875 Landerbrook Dr., Suite 300, Cleveland, OH 44124 (“Guarantor”), in favor of GENERAL ELECTRIC CAPITAL CORPORATION (“Beneficiary”) a Delaware corporation having an address at 300 E. John Carpenter Freeway, Suite 510, Irving, TX 75062.
SECOND AMENDED AND RESTATED JOINT VENTURE AND SHAREHOLDERS AGREEMENT BETWEEN GENERAL ELECTRIC CAPITAL CORPORATION AND NACCO MATERIALS HANDLING GROUP, INC. DATED NOVEMBER 21, 2013Shareholders Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York
THIS SECOND AMENDED AND RESTATED JOINT VENTURE AND SHAREHOLDERS AGREEMENT, dated November 21, 2013 (“Agreement”) is by and between NACCO MATERIALS HANDLING GROUP, INC., a Delaware corporation with offices at 5875 Landerbrook Drive, Suite 300, Mayfield Heights, OH 44124 (“NMHG”), and GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation with offices at 300 East John Carpenter Freeway, Irving, TX 75062 (“GECC”).
GUARANTYFinancing Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York
FIRST AMENDED AND RESTATED RECOURSE AND INDEMNITY AGREEMENTRecourse and Indemnity Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • New York
THIS FIRST AMENDED AND RESTATED RECOURSE AND INDEMNITY AGREEMENT, dated November 21, 2013 (“Agreement”) is by and among GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation with offices at 300 East John Carpenter Freeway, Irving, TX 75062 (“GECC”), NMHG FINANCIAL SERVICES, INC., a Delaware corporation (“NFS”), and NACCO MATERIALS HANDLING GROUP, INC., a Delaware corporation with offices at 5875 Landerbrook Drive, Mayfield Heights, OH 44124 (“NMHG”).
CONSTRUCTION AGREEMENT WITH A FIXED GLOBAL PRICEConstruction Agreement • February 19th, 2014 • Hyster-Yale Materials Handling, Inc. • Industrial trucks, tractors, trailors & stackers • São Paulo
NACCO MATERIALS HANDLING GROUP BRASIL LTDA., a legal entity of private law registered with the CNPJ/MF under No. 57.014.896/0001-85, with head offices in the City of São Paulo, State of São Paulo, at Avenida das Nações Unidas, No. 22.777, Bairro Santo Amaro, herein represented by its president, HUGO MORAES BARROS, Brazilian, engineer, married, bearer of Brazilian identity card No. 7.772.886/SSP-SP, and registered with the CPF/MF under No. 026.994.588-13, hereinafter referred to as “CONTRACTING PARTY”;
