NACCO Industries 8-K 2012
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
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On June 1, 2012, NACCO Industries, Inc.'s (“NACCO”) wholly owned subsidiary, NMHG Holding, Co. (“NMHG”) and certain of its subsidiaries, entered into Amendment No. 2 (the "Amendment") to the second amended and restated credit agreement among NMHG, NACCO Materials Handling Group, Inc., NACCO Materials Handling Limited, NACCO Materials Handling B.V., N.M.H International B.V., N.M.H. Holding B.V., the Requisite Lenders (as defined in the second amended and restated credit agreement) and CitiCorp North America, Inc., as Administrative Agent for the Lenders and Issuing Banks. The Amendment, among other things, revised the credit agreement to include the subordination of the lien on intellectual property, as defined in the credit agreement; as a result, the obligations under the credit agreement are secured by a first lien on the cash and cash equivalents, accounts receivable and inventory of NMHG and certain of its subsidiaries as well as a second lien on the intellectual property of NMHG and certain of its subsidiaries.
Certain of the banks and financial institutions that are parties to the Amendment and their respective affiliates have provided, are currently providing and may continue to provide investment banking, commercial banking and other financial services to NACCO and its subsidiaries in the ordinary course of business for which they have received and will receive customary compensation. In the ordinary course of business, such banks and financial institutions and their respective affiliates may participate in loans and actively trade the equity securities of NACCO for their own account or for the accounts of customers and, accordingly, such banks and financial institutions and their respective affiliates may at any time hold long or short positions in such securities.
The foregoing summary of the Amendment is qualified in its entirety by reference to the Amendment, which is filed as Exhibit 10.1 to this Current Report on Form 8-K and is incorporated herein by reference thereto.
Item 9.01 Financial Statements and Exhibits.
As described in Item 1.01 of this Current Report on Form 8-K, the following Exhibit is filed as part of this Current Report on Form 8-K.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.