Toro 2009 Annual Report Download - page 72

3.1 and 4.1 Restated Certificate of Incorporation of The Toro 10.7 The Toro Company Supplemental Benefit Plan, Amended
Company (incorporated by reference to Exhibit 3.1 to Registrant’s and Restated Effective January 1, 2009 (incorporated by reference
Current Report on Form 8-K dated June 17, 2008, Commission to Exhibit 10(d) to Registrant’s Quarterly Report on Form 10-Q for
File No. 1-8649). the quarter ended August 1, 2008).*
3.2 and 4.2 Amended and Restated Bylaws of The Toro 10.8 The Toro Company Deferred Compensation Plan, Amended
Company (incorporated by reference to Exhibit 3.2 to Registrant’s and Restated Effective January 1, 2009 (incorporated by reference
Current Report on Form 8-K dated June 17, 2008, Commission to Exhibit 10(a) to Registrant’s Quarterly Report on Form 10-Q for
File No. 1-8649). the quarter ended August 1, 2008).*
4.3 Specimen Form of Common Stock Certificate (incorporated 10.9 The Toro Company Deferred Compensation Plan for
by reference to Exhibit 4(c) to Registrant’s Quarterly Report on Officers, Amended and Restated Effective January 1, 2009
Form 10-Q for the quarter ended August 1, 2008). (incorporated by reference to Exhibit 10(b) to Registrant’s Quarterly
Report on Form 10-Q for the quarter ended August 1, 2008).*
4.4 Indenture dated as of January 31, 1997, between Registrant
and First National Trust Association, as Trustee, relating to The 10.10 The Toro Company Deferred Compensation Plan for
Toro Company’s 7.80% Debentures due June 15, 2027 Non-Employee Directors, Amended and Restated Effective
(incorporated by reference to Exhibit 4(a) to Registrant’s Current January 1, 2009 (incorporated by reference to Exhibit 10(c) to
Report on Form 8-K dated June 24, 1997, Commission File Registrant’s Quarterly Report on Form 10-Q for the quarter ended
No. 1-8649). August 1, 2008).*
4.5 Indenture dated as of April 20, 2007, between Registrant and 10.11 The Toro Company 2000 Directors Stock Plan (As
The Bank of New York Trust Company, N.A., as Trustee, relating Amended March 18, 2009) (incorporated by reference to
to The Toro Company’s 6.625% Notes due May 1, 2037 Exhibit 10.1 to Registrant’s Quarterly Report on Form 10-Q for the
(incorporated by reference to Exhibit 4.3 to Registrant’s quarter ended May 1, 2009).*
Registration Statement on Form S-3 filed with the Securities and 10.12 Form of Nonqualified Stock Option Agreement between
Exchange Commission on April 23, 2007, Registration The Toro Company and its Non-Employee Directors (incorporated
No. 333-142282). by reference to Exhibit 10.20 to Registrant’s Annual Report on
4.6 First Supplemental Indenture dated as of April 26, 2007, Form 10-K for the fiscal year ended October 31, 2008).*
between Registrant and The Bank of New York Trust Company, 10.13 Form of Nonqualified Stock Option Agreement between
N.A., as Trustee, relating to The Toro Company’s 6.625% Notes The Toro Company and its Officers and other employees
due May 1, 2037 (incorporated by reference to Exhibit 4.1 to (incorporated by reference to Exhibit 10.21 to Registrant’s Annual
Registrant’s Current Report on Form 8-K dated April 23, 2007, Report on Form 10-K for the fiscal year ended October 31, 2008).*
Commission File No. 1-8649). 10.14 Form of Performance Share Award Agreement
4.7 Form of The Toro Company 6.625% Note due May 1, 2037 (incorporated by reference to Exhibit 10(t) to Registrant’s Annual
(incorporated by reference to Exhibit 4.2 to Registrant’s Current Report on Form 10-K for the fiscal year ended October 31, 2007).*
Report on Form 8-K dated April 23, 2007, Commission File 10.15 Indemnification Agreement with the members of the Board
No. 1-8649). of Directors (incorporated by reference to Exhibit 10(u) to
10.1 Form of Employment Agreement in effect for certain Registrant’s Annual Report on Form 10-K for the fiscal year ended
executive officers of The Toro Company (incorporated by reference October 31, 2006).*
to Exhibit 10(a) to Registrant’s Quarterly Report on Form 10-Q for 10.16 Restricted Stock Agreement – Judy Altmaier (filed
the quarter ended July 30, 1999).* herewith).*
10.2 The Toro Company First Amendment to Employment 10.17 Post-Retirement Consulting and Noncompetition Agreement
Agreement (incorporated by reference to Exhibit 10.1 to dated as of December 31, 2005 between The Toro Company and
Registrant’s Quarterly Report on Form 10-Q for the quarter ended Kendrick B. Melrose (incorporated by reference to Exhibit 1 to
January 30, 2009).* Registrant’s Current Report on Form 8-K dated December 31,
10.3 The Toro Company Annual Management Incentive Plan II 2005, Commission File No. 1-8649).*
(incorporated by reference to Exhibit 10(a) to Registrant’s Quarterly 10.18 Credit Agreement dated as of September 8, 2004, among
Report on Form 10-Q for the quarter ended April 29, 2005).* The Toro Company, Toro Credit Company, Toro
10.4 The Toro Company 1993 Stock Option Plan, as amended Manufacturing LLC, Exmark Manufacturing Company Incorporated,
(incorporated by reference to Exhibit 10(f) to Registrant’s Quarterly and Certain Subsidiaries, as Borrowers, the Lenders from time to
Report on Form 10-Q for the quarter ended July 30, 1999).* time party thereto, Bank of America, N.A., as Administrative Agent,
10.5 The Toro Company Performance Share Plan (As Amended Swing Line Lender and Letter of Credit Issuer and Banc of
January 15, 2008) (incorporated by reference to Exhibit 10.2 to America Securities LLC (incorporated by reference to Exhibit 10(a)
Registrant’s Current Report on Form 8-K dated January 15, 2008, to Registrant’s Current Report on Form 8-K dated September 8,
Commission File No. 1-8649).* 2004, Commission File No. 1-8649).
10.6 The Toro Company 2000 Stock Option Plan (As Amended
December 3, 2008) (incorporated by reference to Exhibit 10.5 to
Registrant’s Annual Report on Form 10-K for the fiscal year ended
October 31, 2008).*
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