Toro 2009 Annual Report Download - page 73

10.19 Amendment No. 1 to Credit Agreement dated as of 10.25 Asset Purchase Agreement, dated as of February 8, 2005,
October 25, 2005, among The Toro Company, Toro Credit by and among Editland Limited, Toro Hayter (Guernsey) Limited,
Company, Toro Manufacturing Company, Incorporated, and Hayter Limited, and The Toro Company (incorporated by reference
Certain Subsidiaries, as Borrowers, the Lenders from time to time to Exhibit 99.1 to Registrant’s Current Report on Form 8-K dated
party thereto, Bank of America, N.A., as Administrative Agent, February 8, 2005, Commission File No. 1-8649).
Swing Line Lender and Letter of Credit Issuer (incorporated by 12 Computation of Ratio of Earnings to Fixed Charges (filed
reference to Exhibit 10(s) to Registrant’s Annual Report on herewith).
Form 10-K for the fiscal year ended October 31, 2005). 21 Subsidiaries of Registrant (filed herewith).
10.20 Amendment No. 2 to Credit Agreement dated as of 23 Consent of Independent Registered Public Accounting Firm
January 10, 2007, among The Toro Company, Toro Credit (filed herewith).
Company, Toro Manufacturing LLC, Exmark Manufacturing
Company Incorporated, and certain subsidiaries, as Borrowers, the 31.1 Certification of Chief Executive Officer Pursuant to
lenders from time to time party thereto, Bank of America, N.A., as Rule 13a-14(a) (Section 302 of the Sarbanes-Oxley Act of 2002)
Administrative Agent, Swingline Lender and Letter of Credit Issuer (filed herewith).
(incorporated by reference to Exhibit 10(a) to Registrant’s Current 31.2 Certification of Chief Financial Officer Pursuant to
Report on Form 8-K dated January 10, 2007, Commission File Rule 13a-14(a) (Section 302 of the Sarbanes-Oxley Act of 2002)
No. 1-8649). (filed herewith).
10.21 Amendment No. 3 to Credit Agreement executed and 32 Certification of Chief Executive Officer and Chief Financial
delivered as of April 10, 2007 but effective as of February 28, Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant
2007, by and among The Toro Company, Toro Credit Company, to Section 906 of the Sarbanes-Oxley Act of 2002 (furnished
Toro Manufacturing LLC, Exmark Manufacturing Company herewith).
Incorporated, and certain subsidiaries, as Borrowers, the lenders (1)Portions of this exhibit have been redacted and are subject to an order granting
from time to time party thereto, Bank of America, N.A., as confidential treatment under the Securities and Exchange Act of 1934, as
Administrative Agent, Swingline Lender and Letter of Credit Issuer amended (File No. 001-08649, CF # 24035). The redacted material was filed
(incorporated by reference to Exhibit 10.1 to Registrant’s Current separately with the Securities and Exchange Commission.
Report on Form 8-K dated April 10, 2007, Commission File * Management contract or compensatory plan or arrangement required to be filed
No. 1-8649). as an exhibit to this Annual Report on Form 10-K pursuant to Item 15(b).
** All exhibits and schedules to this exhibit have been omitted pursuant to
10.22 Amendment No.4 to Credit Agreement, dated as of Item 601(b)(2) of Regulation S-K. Toro will furnish the omitted exhibits and sched-
February 29, 2008, among The Toro Company, Toro Credit ules to the Securities and Exchange Commission upon request by the Securities
Company, Toro Manufacturing LLC, Exmark Manufacturing and Exchange Commission.
Company Incorporated, and certain subsidiaries as Borrowers, the
lenders from time to time party thereto, and Bank of America, N.A., (b) Exhibits
as Administrative Agent, Swing Line Lender, and Letter of Credit
Issuer (incorporated by reference to Exhibit 10.1 to Registrant’s See Item 15(a)(3) above.
Current Report on Form 8-K dated February 29, 2008,
Commission File No. 1-8649). (c) Financial Statement Schedules
10.23 Underwriting Agreement, dated as of April 23, 2007, See Item 15(a)(2) above.
between The Toro Company and Banc of America Securities LLC,
as representative of the several underwriters named therein
(incorporated by reference to Exhibit 1.1 to Registrant’s Current
Report on Form 8-K dated April 23, 2007, Commission File
No. 1-8649).
10.24 (1) Credit and Security Agreement dated August 12, 2009
by and between Red Iron Acceptance, LLC and TCF Inventory
Finance, Inc. (incorporated by reference to Exhibit 10.1 to
Registrant’s Current Report on Form 8-K dated August 12, 2009,
Commission File No. 1-8649).
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