Amendment to Stockholders Agreement. This AMENDMENT TO STOCKHOLDERS’ AGREEMENT, dated as of , 20 (this “Amendment”), by and among the Depository, Hyster-Yale Materials Handling, Inc., a Delaware corporation (the “Corporation”), the new Participating Stockholder identified on the signature pages hereto (the “New Participating Stockholder”) and the Participating Stockholders under the Stockholders’ Agreement, dated as of August [ ], 2012, as amended (the “Stockholders’ Agreement”), by and among the Depository, the Corporation and the Participating Stockholders. Capitalized terms defined in the Stockholders’ Agreement are used herein as so defined. This Amendment sets forth the terms and conditions on which the New Participating Stockholder will join in and become a party to the Stockholders’ Agreement. Pursuant to Section 8 of the Stockholders’ Agreement, prior to the acquisition of Class B Common Stock by a Permitted Transferee, the Stockholders’ Agreement may be amended to add a Permitted Transferee as a Participating Stockholder by a writing signed by the Signatories, the Corporation and such Permitted Transferee. In consideration of the mutual promises hereinafter set forth and other good and valuable consideration had and received, the parties hereto agree as follows:
Amendment to Stockholders Agreement. The Stockholders Agreement is hereby amended as follows:
Amendment to Stockholders Agreement. Schedule I to the Stockholders Agreement is hereby amended to include each of the persons set forth in Exhibit A hereto “Joining Person”), upon such Joining Person’s execution and delivery of a Joinder Agreement substantially in the form attached hereto as Exhibit B.
Amendment to Stockholders Agreement. The Stockholders Agreement is hereby amended to exclude from the first refusal provisions contained in Section 5 thereof any sale of Unvested Securities to any Purchaser for Value pursuant to this Agreement.
Amendment to Stockholders Agreement. If the Closing occurs on or prior to September 30, 2003, but the Stockholders Agreement remains in effect because Security Capital did not dispose of sufficient Shares to reduce its ownership below the requisite threshold set forth in Section 2, the Stockholders Agreement shall be amended on the Closing Date (a) to provide that it terminates on the 15% Termination Date, with the same force and effect as a termination pursuant to Section 2(a), and the definition of 15% Termination Date shall be amended to read in full as follows:
Amendment to Stockholders Agreement. The Stockholders Agreement Amendment, duly executed by Purchaser and the number of stockholders of Purchaser required to make such Stockholders Agreement Amendment effective.
Amendment to Stockholders Agreement. (a) Section 3.05(b)(v) is hereby amended and restated in its entirety to read as follows: “(v) any appointment to, or removal from, the Board of Directors, to the extent permissible by the laws of the State of Delaware.”
Amendment to Stockholders Agreement. A form of Amendment No. 3 to the Company's Amended and Restated Stockholders Agreement dated as of July 17, 2000 is attached to this Amendment No. 6 as Exhibit A. The definition of "Stockholders Agreement" as set forth in Annex A to the Agreement is hereby deleted and replaced in its entirety with the following: "'Stockholders Agreement' means the Company's Amended and Restated Stockholders Agreement, dated as of July 17, 2000, as amended by (i) Amendment No. 1 thereto dated as of November 13, 2000, (ii) Amendment No. 2 thereto dated as of January 4, 2001, and (iii) Amendment No. 3 thereto dated as of November 3, 2003, and as the same may be further amended or supplemented from time to time."
Amendment to Stockholders Agreement. Pursuant to Section 9 of the ----------------------------------- Stockholders Agreement, the first sentence of Section 3(b) of the Stockholders Agreement is hereby amended and restated to read in its entirety as follows:
Amendment to Stockholders Agreement. An Amendment to Stockholders Agreement, substantially in the form attached hereto as Exhibit I (the “Stockholders Agreement Amendment”), duly executed by each Seller.
