Hyster-Yale Materials Handling, Inc. Sample Contracts

Hyster-Yale Materials Handling, Inc. – AMENDMENT NO. 1 TO THE HYSTER-YALE GROUP, INC. UNFUNDED BENEFIT PLAN (As Amended and Restated Effective January 1, 2016) (February 26th, 2019)

Hyster-Yale Group, Inc. hereby adopts this Amendment No. 1 to the Hyster-Yale Group, Inc. Unfunded Benefit Plan (As Amended and Restated Effective January 1, 2016) (the "Plan"), effective as of January 1, 2018. Words used herein with initial capital letters which are defined in the Plan are used herein as so defined.

Hyster-Yale Materials Handling, Inc. – AMENDMENT NO. 1 TO THE HYSTER-YALE GROUP, INC. EXCESS RETIREMENT PLAN (Amended and Restated Effective January 1, 2016) (February 26th, 2019)

Hyster-Yale Group, Inc. (the “Company”) hereby adopts this Amendment No. 1 to the Hyster-Yale Group, Inc. Excess Retirement Plan (Amended and Restated Effective January 1, 2016) (the “Plan”), to be effective as of January 1, 2018. Words used herein with initial capital letters which are defined in the Plan are used herein as so defined.

Hyster-Yale Materials Handling, Inc. – HYSTER-YALE MATERIALS HANDLING ANNOUNCES FOURTH QUARTER AND FULL YEAR 2018 RESULTS (February 26th, 2019)

Consolidated operating loss of $3.4 million includes impact of investments to support strategic growth initiatives, supply chain constraints, tariff-adjusted incentive compensation expense and phase in of the recovery of material cost inflation and tariffs

Hyster-Yale Materials Handling, Inc. – AMENDMENT TO STOCKHOLDERS' AGREEMENT (February 26th, 2019)

This AMENDMENT TO STOCKHOLDERS’ AGREEMENT, dated as of October 30, 2018 (this “Amendment”), by and among the Depository, Hyster-Yale Materials Handling, Inc., a Delaware corporation (the “Corporation”), the new Participating Stockholder(s) identified on the signature pages hereto (a “New Participating Stockholder”) and the Participating Stockholders under the Stockholders’ Agreement, dated as of September 28, 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.

Hyster-Yale Materials Handling, Inc. – FIRST AMENDED AND RESTATED GUARANTY (October 30th, 2018)

HYSTER-YALE GROUP, INC., a Delaware corporation having its principal place of business at 5875 Landerbrook Drive, Mayfield Heights, OH 44124 (“Hyster-Yale”), and WELLS FARGO FINANCIAL LEASING, INC. an Iowa corporation having a place of business at 5000 Riverside Drive, Suite 300E, Irving, TX 75039 (“Wells Fargo”) have determined to amend and restate that certain Second Amended and Restated Joint Venture and Shareholders Agreement dated November 21, 2013, as such has been amended from time to time, and certain of the ancillary agreements related to the operation of HYG FINANCIAL SERVICES, INC., a Delaware corporation (“HYGFS”), including, without limitation, that certain Financing Agreement dated March 1, 2016 (the “Existing Financing Agreement”). To induce you, Wells Fargo, to enter into the First Amended and Restated Financing Agreement dated as of the date hereof (said agreement, including any present or future amendments or revisions thereto, being hereinafter collectively referred

Hyster-Yale Materials Handling, Inc. – FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (October 30th, 2018)

THIS FIRST AMENDED AND RESTATED GUARANTY AGREEMENT (this “Guaranty”) is dated as of September 17, 2018, 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 WELLS FARGO FINANCIAL LEASING, INC. (“Beneficiary”) an Iowa corporation having an address at 5000 Riverside Drive, Suite 300E, Irving, TX 75039.

Hyster-Yale Materials Handling, Inc. – JOINT VENTURE AND SHAREHOLDERS AGREEMENT BETWEEN WELLS FARGO FINANCIAL LEASING, INC. AND HYSTER-YALE GROUP, INC. DATED SEPTEMBER 17, 2018 (October 30th, 2018)

THIS THIRD AMENDED AND RESTATED JOINT VENTURE AND SHAREHOLDERS AGREEMENT (“Agreement”), dated September 17, 2018 (the “Restatement Effective Date”) is by and between HYSTER-YALE GROUP, INC., a Delaware corporation with offices at 5875 Landerbrook Drive, Suite 300, Mayfield Heights, OH 44124 (“Hyster-Yale”), and WELLS FARGO FINANCIAL LEASING, INC., an Iowa corporation with offices at 5000 Riverside Drive, Suite 300E, Irving, TX 75039 (“Wells Fargo”).

Hyster-Yale Materials Handling, Inc. – SECOND AMENDED AND RESTATED RECOURSE AND INDEMNITY AGREEMENT (October 30th, 2018)

THIS SECOND AMENDED AND RESTATED RECOURSE AND INDEMNITY AGREEMENT (“Agreement”), dated September 17, 2018 (the “Restatement Effective Date”) is by and among WELLS FARGO FINANCIAL LEASING, INC., an Iowa corporation with offices at 5000 Riverside Dr., Ste. 300E, Irving, TX 75039 (“Wells Fargo”), HYG FINANCIAL SERVICES, INC., a Delaware corporation with offices at 5000 Riverside Dr., Ste. 300E, Irving, TX 75039 (“HYGFS”), and HYSTER-YALE GROUP, INC., a Delaware corporation with offices at 5875 Landerbrook Drive, Mayfield Heights, OH 44124 (“Hyster-Yale”).

Hyster-Yale Materials Handling, Inc. – SECOND AMENDMENT TO AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT (May 1st, 2018)

THIS SECOND AMENDMENT TO AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT (this “Second Amendment”) is dated as of March 14, 2018, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), HYSTER-YALE GROUP, INC., a Delaware corporation (“HYG”, and together with Parent, the “U.S. Borrowers”), HYSTER-YALE NEDERLAND B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HYN BV”), HYSTER-YALE INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY International”), HYSTER-YALE HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY Holding BV”), BOLZONI CAPITAL HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (t

Hyster-Yale Materials Handling, Inc. – FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT (May 1st, 2018)

This FIRST AMENDMENT TO TERM LOAN CREDIT AGREEMENT dated as of March 14, 2018 (this “Agreement”), is entered into by and among HYSTER-YALE GROUP, INC., a Delaware corporation (the “Borrower”), HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Holdings”), the Guarantors (as identified on the signature pages hereto, and together with the Borrower and Holdings, the “Loan Parties”), the Lenders (as defined below), and BANK OF AMERICA, N.A., as administrative agent (the “Administrative Agent”).

Hyster-Yale Materials Handling, Inc. – AMENDMENT TO THIRD AMENDED AND RESTATED OPERATING AGREEMENT (February 27th, 2018)

This Amendment is dated and effective as of January 1, 1994 and relates to the Third Amended and Restated Operating Agreement dated as of November 21, 1985, as amended and restated as of December 19, 1985 and as further amended and interpreted, between Hyster Company, an Oregon corporation and Hyster Credit Company, a division of AT&T Commercial Finance Corporation, a Delaware corporation ("Operating Agreement").

Hyster-Yale Materials Handling, Inc. – EQUITY TRANSFER AGREEMENT (February 27th, 2018)
Hyster-Yale Materials Handling, Inc. – HYSTER-YALE MATERIALS HANDLING, INC. LONG-TERM EQUITY INCENTIVE PLAN (February 27th, 2018)
Hyster-Yale Materials Handling, Inc. – TERM LOAN CREDIT AGREEMENT Dated as of May 30, 2017 among HYSTER-YALE GROUP, INC. as the Borrower, HYSTER-YALE MATERIALS HANDLING, INC. as Holdings, BANK OF AMERICA, N.A., as Administrative Agent, and The Other Lenders Party Hereto BANK OF AMERICA, N.A. as Sole Lead Arranger and Sole Bookrunner (August 1st, 2017)
Hyster-Yale Materials Handling, Inc. – FIRST AMENDMENT TO AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT (August 1st, 2017)

THIS FIRST AMENDMENT TO AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT (this “First Amendment”) is dated as of May 30, 2017, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), HYSTER-YALE GROUP, INC., a Delaware corporation (“HYG”, and together with Parent, the “U.S. Borrowers”), HYSTER-YALE NEDERLAND B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HYN BV”), HYSTER-YALE INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY International”), HYSTER-YALE HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY Holding BV”), BOLZONI CAPITAL HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (toget

Hyster-Yale Materials Handling, Inc. – AMENDMENT TO STOCKHOLDERS' AGREEMENT (May 2nd, 2017)

This AMENDMENT TO STOCKHOLDERS’ AGREEMENT, dated as of February 6, 2017 (this “Amendment”), by and among the Depository, Hyster-Yale Materials Handling, Inc., a Delaware corporation (the “Corporation”), the new Participating Stockholder(s) identified on the signature pages hereto (a “New Participating Stockholder”) and the Participating Stockholders under the Stockholders’ Agreement, dated as of September 28, 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.

Hyster-Yale Materials Handling, Inc. – HYSTER-YALE GROUP, INC. ANNUAL INCENTIVE COMPENSATION PLAN (Amended and Restated Effective as of January 1, 2016) (February 28th, 2017)
Hyster-Yale Materials Handling, Inc. – HYSTER-YALE GROUP, INC. UNFUNDED BENEFIT PLAN (February 28th, 2017)

Hyster-Yale Group, Inc. (the "Company") does hereby amend and completely restate the Hyster-Yale Group, Inc. Unfunded Benefit Plan on the terms and conditions described hereinafter, effective as of January 1, 2016:

Hyster-Yale Materials Handling, Inc. – HYSTER-YALE GROUP, INC. LONG-TERM INCENTIVE COMPENSATION PLAN (Amended and Restated Effective as of January 1, 2016) (February 28th, 2017)
Hyster-Yale Materials Handling, Inc. – HYSTER-YALE GROUP, INC. EXECUTIVE EXCESS RETIREMENT PLAN (February 28th, 2017)

NACCO Materials Handling Group, Inc. (the “Company”) originally adopted this NACCO Materials Handling Group, Inc. Executive Excess Retirement Plan (the “Plan”) to be effective as of, and contingent upon, the “Spin Off Date,” as such term is defined in the 2012 Separation Agreement between NACCO Industries, Inc. and Hyster-Yale Materials Handling, Inc.

Hyster-Yale Materials Handling, Inc. – AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT dated as of April 28, 2016 among HYSTER-YALE MATERIALS HANDLING, INC. and HYSTER-YALE GROUP, INC., as U.S. Borrowers, HYSTER-YALE NEDERLAND B.V., HYSTER-YALE INTERNATIONAL B.V. HYSTER-YALE HOLDING B.V., and HYSTER-YALE CAPITAL HOLDING B.V. as Dutch Borrowers, HYSTER-YALE UK LIMITED and HYSTER-YALE CAPITAL UK LIMITED as UK Borrowers, any other Borrowers party hereto from time to time and certain Persons party hereto from time to time as Guarantors, CERTAIN FINANCIAL INSTITUTIONS, as Lenders, BANK OF AMERICA, N.A., as Administrative Agen (May 4th, 2016)

THIS AMENDED AND RESTATED LOAN, SECURITY AND GUARANTY AGREEMENT is dated as of April 28, 2016, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), HYSTER-YALE GROUP, INC., a Delaware corporation (“HYG”, and together with Parent, the “Initial U.S. Borrowers”), HYSTER-YALE NEDERLAND B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HYN BV”), HYSTER-YALE INTERNATIONAL B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY International”), HYSTER-YALE HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY Holding BV”), HYSTER-YALE CAPITAL HOLDING B.V., a private company with limited liability incorporated under the laws of the Netherlands having its corporate seat in Nijmegen (“HY Capital Holding BV”, and togeth

Hyster-Yale Materials Handling, Inc. – AMENDMENT AGREEMENT dated April 1, 2016 by and among: Hyster-Yale Capital Holding Italy S.r.l. (as Purchaser) (April 5th, 2016)
Hyster-Yale Materials Handling, Inc. – GUARANTY AGREEMENT (March 7th, 2016)

THIS GUARANTY AGREEMENT (this “Guaranty”) is made as of March 1, 2016, 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 WELLS FARGO FINANCIAL LEASING, INC., an Iowa corporation (“Beneficiary”), having an address at 733 Marquette Avenue, Suite 700, Minneapolis, MN 55402.

Hyster-Yale Materials Handling, Inc. – Bolzoni Transaction – Acquisition Plan PENTA HOLDING • On February 14, 2016, signed agreement to acquire Penta S.p.A., a majority stakeholder (50.4%) of Bolzoni S.p.A., an Italian-listed public company and leading worldwide producer of attachments, forks and lift tables under the Bolzoni Auramo and Meyer brand names • Purchase price of Penta – EUR 53.5 million • The closing of the Penta transaction is expected during the 2 nd quarter of 2016, subject to legal and regulatory conditions* • Acquisition of Penta is the first step in the process to acquire 100% of Bolzoni S.p.A. • Following the clo (February 24th, 2016)

EBITDA and ROTCE are non-GAAP measures and should not be considered in isolation or as a substitute for GAAP measures.  For discussion of non-GAAP

Hyster-Yale Materials Handling, Inc. – HYSTER-YALE GROUP, INC. EXCESS RETIREMENT PLAN (February 17th, 2016)

NACCO Materials Handling Group, Inc. (the "Company") does hereby (i) rename the NACCO Materials Handling Group, Inc. Excess Retirement Plan as the Hyster-Yale Group, Inc. Excess Retirement Plan (the “Plan”) and (ii) adopt this amendment and restatement of the Plan, effective January 1, 2016.

Hyster-Yale Materials Handling, Inc. – THIS AGREEMENT AND DEED is dated (February 17th, 2016)
Hyster-Yale Materials Handling, Inc. – SHARE PURCHASE AGREEMENT dated February 14, 2016 by and among: Hyster-Yale Materials Handling, Inc. (as Purchaser) (February 17th, 2016)

Emilio Bolzoni, born in Piacenza (Italy) on September 25, 1952, residing at Via G. Bruno, 2 – 29121 Piacenza (Italy), Italian tax code BLZMLE52P25G535S (“Emilio Bolzoni”)

Hyster-Yale Materials Handling, Inc. – AMENDMENT TO SECOND AMENDED AND RESTATED JOINT VENTURE AND SHAREHOLDERS AGREEMENT (December 29th, 2015)

This Amendment (the “Amendment”) to that certain Second Amended and Restated Joint Venture and Shareholders Agreement (the “Agreement”) by and between GE Capital US Holdings, Inc. (successor in interest for purposes of the Agreement to General Electric Capital Corporation)(“GE Capital”) and NACCO Materials Handling Group, Inc. (“NMHG”) dated November 21, 2013 is entered into as of December 22, 2015 (the “Effective Date”). The terms of this Amendment are hereby incorporated into the Agreement as though fully set forth therein. Capitalized terms used but not defined herein shall have meanings given to them in the Agreement.

Hyster-Yale Materials Handling, Inc. – AMENDMENT TO STOCKHOLDERS' AGREEMENT (April 29th, 2015)

This AMENDMENT TO STOCKHOLDERS’ AGREEMENT, dated as of March 27, 2015 (this “Amendment”), by and among the Depository, Hyster-Yale Materials Handling, Inc., a Delaware corporation (the “Corporation”), the new Participating Stockholder(s) identified on the signature pages hereto (a “New Participating Stockholder”) and the Participating Stockholders under the Stockholders’ Agreement, dated as of September 28, 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.

Hyster-Yale Materials Handling, Inc. – [Hyster-Yale Materials Handling, Inc. Letterhead] (February 19th, 2015)

The undersigned is an employee of Hyster-Yale Materials Handling, Inc. (the “Company”) or one of its wholly-owned subsidiaries (together with the Company, the “Employers”) to whom grants of an award (the “Award”) were made on [DATE] by the Compensation Committee (the “Committee”) of the Board of Directors of the Company (the “Board”) pursuant to the Hyster-Yale Materials Handling, Inc. Long-Term Equity Incentive Plan (the “Plan”). I hereby accept the Award and acknowledge to and agree with the Company as follows:

Hyster-Yale Materials Handling, Inc. – Hyster-Yale Materials Handling, Inc., a Delaware corporation AMENDED AND RESTATED BYLAWS (Adopted on February 11, 2015) (February 17th, 2015)
Hyster-Yale Materials Handling, Inc. – CONSULTING AGREEMENT (September 5th, 2014)

This CONSULTING AGREEMENT ("Agreement") is entered into effective September 1, 2014 (the "Effective Date") by and between NACCO Materials Handling Group, Inc. (the "Company") and Michael P. Brogan ("Consultant").

Hyster-Yale Materials Handling, Inc. – FIRST AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT (April 30th, 2014)

THIS FIRST AMENDMENT TO LOAN, SECURITY AND GUARANTY AGREEMENT (this “First Amendment”) is dated as of March 31, 2014, among HYSTER-YALE MATERIALS HANDLING, INC., a Delaware corporation (“Parent”), NACCO MATERIALS HANDLING GROUP, INC., a Delaware corporation (“NMHG”, and together with Parent, the “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 “Dutch Borrowers”), NACCO MATERIALS HANDLING LIMITED, a company incorporated in England and Wales with company number 026

Hyster-Yale Materials Handling, Inc. – 2013 Annual Report Hyster-Yale Materials Handling Poised For Growth (March 21st, 2014)

Top Left: The Yale® MPE080VG is a new heavy-duty end-rider warehouse truck for the Americas market with an 8,000 pound capacity. Top Right: The newly upgraded Yale® NR045EB Reach truck for the Americas market, shown moving pallets in a warehouse environment, has a capacity of 4,500 pounds and has been designed to effectively meet the demands of high-density distribution environments. Bottom: The Hyster® H280HD2 has a 28,000 pound lifting capacity and a new low emission, Tier 4-compliant engine which has been proven to reduce fuel costs and ultimately decrease the cost of ownership to the customer.

Hyster-Yale Materials Handling, Inc. – GUARANTY AGREEMENT (February 19th, 2014)

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.