EXHIBIT 10.4 CREDIT AGREEMENT, dated as of December 10, 1996, among GENCOR INDUSTRIES, INC., a Delaware corporation (the "Borrower"), the several banks and other financial institutions from time to time parties to this Agreement (collectively, the...Credit Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
TOAsset Purchase Agreement • October 25th, 2001 • Gencor Industries Inc • Construction machinery & equip
EXHIBIT 10.22 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Gencor Industries Inc • December 26th, 1996 • Construction machinery & equip • New York
THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
EXHIBIT 4.47 GENCOR INDUSTRIES, INC. AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT Dated as of December 31, 2001 CREDIT LYONNAIS NEW YORK BRANCH,Credit Agreement • December 26th, 2002 • Gencor Industries Inc • Construction machinery & equip • New York
RECITALSAsset Purchase Agreement • October 25th, 2001 • Gencor Industries Inc • Construction machinery & equip • California
EXHIBIT 10.2 FIRST AMENDMENT TO PURCHASE AGREEMENT ------------------------------------- AMENDMENT, dated as of November 22, 1996, to PURCHASE AGREEMENT, dated as of August 12, 1996, between INGERSOLL-RAND COMPANY, a New Jersey corporation ("Parent"),...Purchase Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
ANDSecurity Agreement • August 8th, 2003 • Gencor Industries Inc • Construction machinery & equip • Florida
MORTGAGE --------Gencor Industries Inc • December 26th, 1996 • Construction machinery & equip
MORTGAGE --------Gencor Industries Inc • December 26th, 1996 • Construction machinery & equip
EXHIBIT 10.3 SECOND AMENDMENT TO PURCHASE AGREEMENT -------------------------------------- THE SECOND AMENDMENT, dated as of December 10, 1996, to AGREEMENT, dated as of August 12, 1996, as previously amended by AMENDMENT TO PURCHASE AGREEMENT dated...Purchase Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • California
EXHIBIT 10.21 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Gencor Industries Inc • December 26th, 1996 • Construction machinery & equip • New York
THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
EXHIBIT 10.20 THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH...Gencor Industries Inc • December 26th, 1996 • Construction machinery & equip • New York
THIS NOTE MAY NOT BE TRANSFERRED EXCEPT IN COMPLIANCE WITH THE TERMS AND PROVISIONS OF THE CREDIT AGREEMENT REFERRED TO BELOW. TRANSFERS OF THIS NOTE MUST BE RECORDED IN THE REGISTER MAINTAINED BY THE AGENT PURSUANT TO THE TERMS OF SUCH CREDIT AGREEMENT.
EXHIBIT 10.12 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by THERMOTECH SYSTEMS CORPORATION (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
EXHIBIT 10.14 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by BITUMA CORPORATION (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for the Issuing...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF CARBONTRONICS, LLCLimited Liability Company Operating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip • Delaware
THIS LIMITED LIABILITY COMPANY OPERATING AGREEMENT (this “Agreement”) is made and entered into as of January 29, 1998, by and among C.C. Pace Capital, L.L.C. (“C.C. Pace Capital”), a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation (“Carbon Resources”), Meridian Energy Corporation, a Massachusetts corporation (“Meridian Energy”), Meridian Investments, Inc., a Massachusetts corporation (“Meridian Investments”), and Coal Investors, LLC, a Delaware limited liability company (“Coal Investors”).
EXHIBIT 10.13 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by BITUMA-STOR INC. (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for the Issuing...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
PURCHASE AND SALE AGREEMENT between CARBONTRONICS SYNFUELS INVESTORS, L.P., as Buyer and CARBONTRONICS, LLC, as Seller Dated as of June 16, 1998Purchase and Sale Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip • Delaware
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of June 16, 1998, between CARBONTRONICS SYNFUELS INVESTORS, L.P., a Delaware limited partnership (the “Partnership”), and CARBONTRONICS, LLC, a Delaware limited liability company (the “Seller”).
EXHIBIT 10.9 BORROWER PLEDGE AGREEMENT PLEDGE AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as agent (in such capacity, the "Agent") for the Issuing Bank (as...Borrower Pledge Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
MORTGAGE --------Iowa • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip
THIRD AMENDMENT TO LIMITED LIABILITY COMPANY OPERATING AGREEMENT OF CARBONTRONICS, LLCLimited Liability Company Operating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
This Third Amendment (this “Amendment”) to the Limited Liability Company Operating Agreement of Carbontronics, LLC, a Delaware limited liability company (the “Company”) is made as of June 16, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, Coal Investors, LLC, a Delaware limited liability company and Gencor Industries, Inc. (“Gencor”), a Delaware corporation (each, a “Member” and collectively, the “Members”).
EXHIBIT 10.7 BORROWER PLEDGE AGREEMENT PLEDGE AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as agent (in such capacity, the "Agent") for the Issuing Bank (as...Borrower Pledge Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTAnd Security Agreement • August 4th, 2006 • Gencor Industries Inc • Construction machinery & equip
THIS FIRST AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT is made as of the day of July, 2006, by, between and among GENCOR INDUSTRIES, INC., a corporation organized under the laws of the State of Delaware (“Gencor”), GENERAL COMBUSTION CORPORATION, a corporation organized under the laws of the State of Florida (“General Combustion”), EQUIPMENT SERVICES GROUP, INC., a corporation organized under the laws of the State of Florida (“Equipment Services”), BITUMA-STOR, INC., a corporation organized under the laws of the State of Iowa (“Bituma-Stor”), and BITUMA CORPORATION, a corporation organized under the laws of the State of Washington (“Bituma”; Bituma, Gencor, General Combustion, Equipment Services and Bituma-Stor each a “Borrower” and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for the Lenders (PNC, in suc
DEPOSIT AGREEMENT BETWEEN HSBC BANK USA, as Depositary and GENCOR INDUSTRIES, INC., as Issuer Dated as of ________ __, 2003Deposit Agreement • November 21st, 2003 • Gencor Industries Inc • Construction machinery & equip • Florida
This Deposit Agreement (as the same may be amended from time to time in accordance with the provisions hereof, the “Agreement”), dated as of , 2003, among HSBC Bank USA, a banking corporation organized under the laws of the State of New York, as depositary with respect to the Global Notes hereunder (the “Depositary”), GENCOR INDUSTRIES, INC., a Delaware corporation (the “Issuer”), and the holders and beneficial owners from time to time of interests in the Book-Entry Interests.
CARBONTRONICS, LLC Amendment to Operating Agreement Admitting Subscriber as a MemberOperating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
THIS AMENDMENT (“Amendment”) to the Operating Agreement of Carbontronics, LLC, a Delaware limited liability company (the “Company”), is made this day of March, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, and Coal Investors, LLC, a Delaware limited liability company (each a “Member” and collectively the “Members”), and Gencor Industries, Inc. (the “Subscriber”).
JOINT FILING AGREEMENTJoint Filing Agreement • September 22nd, 2006 • Gencor Industries Inc • Construction machinery & equip
In accordance with Rule 13D-1(k)(1) promulgated under the Securities Exchange Act of 1934, the undersigned agree to the joint filing of a Statement on Schedule 13D (including any and all amendments thereto) with respect to the Common Stock, $0.10 par value, of Gencor Industries, Inc. and further agree to the filing of this agreement as an Exhibit thereto. In addition, each party to this Agreement expressly authorizes the other party to this Agreement to file on its behalf any and all amendments to such Statement on Schedule 13D.
Pledge Agreement (Bank Deposits)Pledge Agreement • August 10th, 2009 • Gencor Industries Inc • Construction machinery & equip
THIS PLEDGE AGREEMENT, dated as of this 23rd day of July, 2009, is made by GENCOR INDUSTRIES, INC., a Delaware corporation (the “Pledgor”), with an address at 5201 N. Orange Blossom Trail, Orlando, Florida 32810, in favor of PNC BANK, NATIONAL ASSOCIATION (the “Secured Party”), with an address at 300 South Orange Avenue, Suite 800, Orlando, Florida 32801.
CARBONTRONICS, LLC Second Amendment to Operating AgreementOperating Agreement • February 14th, 2006 • Gencor Industries Inc • Construction machinery & equip
THIS AMENDMENT (“Amendment”) to the Operating Agreement of Carbontronics, LLC a Delaware limited liability company (the “Company”), is made this 2nd day of April, 1998, by and among C.C. Pace Capital, L.L.C., a Delaware limited liability company, Carbon Resources, Inc., a Delaware corporation, Meridian Energy Corporation, a Massachusetts corporation, Meridian Investments, Inc., a Massachusetts corporation, Coal Investors, LLC, a Delaware limited liability company and Gencor Industries, Inc. (each a “Member” and collectively the “Members”). The Members are parties to an Operating Agreement for the Company dated January 29, 1998, as amended (the “Operating Agreement”). Any terms used in this Amendment which are defined in the Operating Agreement and are not defined herein shall have the meanings assigned to them in the Operating Agreement.
FIRST AMENDMENT TO THE STOCK OPTION PLAN AGREEMENTStock Option Plan Agreement • August 15th, 2005 • Gencor Industries Inc • Construction machinery & equip
WHEREAS, in accordance with the Plan, the Company and Optionee entered into a Stock Option Agreement effective as of March 30, 2001 (the “Stock Option Agreement”); and
EXHIBIT 10.6 BORROWER COPYRIGHT SECURITY AGREEMENT BORROWER COPYRIGHT SECURITY AGREEMENT (this "Agreement"), dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such...Borrower Copyright Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
JOINT FILING AGREEMENTJoint Filing Agreement • February 5th, 2009 • Gencor Industries Inc • Construction machinery & equip
Each of the undersigned, Sherry Houtkin (individually and as co-executor of the estate of Harvey Houtkin), and Brad Houtkin (as co-executor of the Estate of Harvey Houtkin) does hereby agree that the Schedule 13D to which this Exhibit 99.1 is attached is being filed on behalf of Sherry Houtkin, and her deceased husband, Harvey Houtkin.
EXHIBIT 10.11 SUBSIDIARY SECURITY AGREEMENT SUBSIDIARY SECURITY AGREEMENT, dated as of December 10, 1996, made by EQUIPMENT SERVICES GROUP, INC. (the "Pledgor") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for...Subsidiary Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 23rd, 2003 • Gencor Industries Inc • Construction machinery & equip • Delaware
This Indemnification Agreement dated as of this day of , 2003 (“Agreement”), is made and entered into by and between Gencor Industries, Inc., a Delaware corporation (“Company”), and (“Indemnitee”):
GENCOR INDUSTRIES, INC. (as Obligor) and HSBC BANK USA (as Trustee) 10% Junior Subordinated Notes due December 31, 2006 Indenture Dated as of _________ __, 2003Gencor Industries Inc • November 13th, 2003 • Construction machinery & equip • Florida
THIS INDENTURE, among GENCOR INDUSTRIES, INC., a Delaware corporation (the “Obligor”), having its principal office at 5201 North Orange Blossom Trail, Orlando, Florida 32810, and HSBC Bank USA, a bank corporation incorporated and existing under the laws of the State of New York, as trustee (the “Trustee”), is made and entered into as of this day of , 2003.
EXHIBIT 10.5 BORROWER SECURITY AGREEMENT BORROWER SECURITY AGREEMENT, dated as of December 10, 1996, made by GENCOR INDUSTRIES, INC. (the "Borrower") in favor of CREDIT LYONNAIS NEW YORK BRANCH, as Agent (in such capacity, the "Agent") for the Issuing...Borrower Security Agreement • December 26th, 1996 • Gencor Industries Inc • Construction machinery & equip • New York
THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENTAnd Security Agreement • August 10th, 2009 • Gencor Industries Inc • Construction machinery & equip
THIS THIRD AMENDMENT TO REVOLVING CREDIT AND SECURITY AGREEMENT is made as of the 23rd day of July, 2009, by, between and among GENCOR INDUSTRIES, INC., a corporation organized under the laws of the State of Delaware (“Gencor”), GENERAL COMBUSTION CORPORATION, a corporation organized under the laws of the State of Florida (“General Combustion”), EQUIPMENT SERVICES GROUP, INC., a corporation organized under the laws of the State of Florida (“Equipment Services”), BITUMA-STOR, INC., a corporation organized under the laws of the State of Iowa (“Bituma-Stor”), and BITUMA CORPORATION, a corporation organized under the laws of the State of Washington (“Bituma”; Bituma, Gencor, General Combustion, Equipment Services and Bituma-Stor each a “Borrower” and collectively “Borrowers”), the financial institutions which are now or which hereafter become a party hereto (collectively, the “Lenders” and individually a “Lender”) and PNC BANK, NATIONAL ASSOCIATION (“PNC”), as agent for the Lenders (PNC, i
