Seventh Amendment to Amended and Restated Receivables Purchase AgreementReceivables Purchase Agreement • February 22nd, 2024 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • New York
This Seventh Amendment to Amended and Restated Receivables Purchase Agreement (the “Amendment”), dated as of October 23, 2023, is entered into by and among Swift Receivables Company II, LLC (the “Seller”), Swift Transportation Services, LLC (the “Servicer”), the Conduit Purchasers party hereto, the Related Committed Purchasers party hereto, the Purchaser Agents party hereto, the LC Participants party hereto, PNC Bank, National Association, as LC Bank and as administrator (the “Administrator”), PNC Capital Markets LLC, as Structuring Agent and The Toronto-Dominion Bank (the “New Related Committed Purchaser”, the “New Purchaser Agent” and the “New LC Participant”) and GTA Funding LLC (the “New Conduit Purchaser”). All capitalized terms used herein and not defined herein shall have the meanings set forth in the hereinafter defined Purchase Agreement.
FIRST AMENDMENTCredit Agreement • May 8th, 2012 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
This AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into, dated as of December 21, 2010 and amended and restated as of March 6, 2012, as amended by the First Amendment, dated as of April 17, 2012, among SWIFT TRANSPORTATION CO., LLC, a Delaware limited liability company (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MORGAN STANLEY SENIOR FUNDING, INC., as Collateral Agent, MORGAN STANLEY SENIOR FUNDING, INC. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as co-Syndication Agents, CITIBANK, N.A. and PNC CAPITAL MARKETS LLC, as co-Documentation Agents, and BANK OF AMERICA, N.A., as Administrative Agent (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), Swing Line Lender and L/C Issuer.
FOURTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 27, 2015 amongCredit Agreement • November 4th, 2015 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
FOR VALUE RECEIVED, the undersigned (the “Borrower”), hereby promises to pay to _____________________ (the “Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Revolving Credit Loan from time to time made by the Lender to the Borrower under that certain Fourth Amended and Restated Credit Agreement, dated as of July 27, 2015 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among Swift Transportation Company, the Borrower, the Lenders and agents from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender.
FORM OF CREDIT AGREEMENT Dated as of December [ ], 2010 among SWIFT TRANSPORTATION CO., LLC, as the Borrower, SWIFT TRANSPORTATION COMPANY, as Holdings, The Other Guarantors Party Hereto, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line...Credit Agreement • December 10th, 2010 • Swift Transportation Co • Trucking (no local) • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of December [__], 2010, among SWIFT TRANSPORTATION CO., LLC, a Delaware limited liability company (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MORGAN STANLEY SENIOR FUNDING, INC., as Syndication Agent and Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, CITIGROUP CAPITAL MARKETS, INC. and PNC CAPITAL MARKETS LLC, as Co-Documentation Agents, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
Re: Knight-Swift Transportation Holdings Inc.: Restricted Stock Unit (Time Vested) Officer Grant AgreementRestricted Stock Unit Grant Agreement • May 4th, 2022 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • Delaware
The Compensation Committee (the “Committee”) of the Board of Directors of Knight-Swift Transportation Holdings Inc. (the “Company”) has awarded you, as of the date of this letter (the “Grant Date”), a Restricted Stock Unit grant (the “Grant”). The Grant entitles you to receive a maximum of shares of the Company’s voting Class A common stock (the “Stock”), par value $0.01 per share (the “Stock Award”), to be issued when and as provided by this Restricted Stock Unit Grant Agreement (this “Agreement”). This Grant is made pursuant to the authority of the Company’s Amended and Restated 2014 Omnibus Incentive Plan, as amended (the “Plan”). This Grant is made subject to the terms and conditions of this Agreement and the Plan. In this Agreement, the Company is sometimes referred to as “we” or “us,” and includes any subsidiaries of the Company in which the Company holds an equity or voting interest of fifty percent (50%) or more. Terms used in this Agreement that are defined in the Plan have th
ROOK SUPPORT AGREEMENTRook Support Agreement • April 13th, 2017 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
This SUPPORT AGREEMENT (this “Agreement”) is entered into as of April 9, 2017, by and among Swift Transportation Company, a Delaware corporation (“Bishop”), and the Persons whose names are set forth on the signature pages hereto under the caption “Stockholders” (each individually a “Stockholder” and, collectively, the “Stockholders”).
Confidential information in this Credit Agreement has been omitted and filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Request.Credit Agreement • May 12th, 2011 • Swift Transportation Co • Trucking (no local) • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of December 21, 2010, among SWIFT TRANSPORTATION CO., LLC, a Delaware limited liability company (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MORGAN STANLEY SENIOR FUNDING, INC., as Syndication Agent and Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, CITIBANK, N.A. and PNC CAPITAL MARKETS LLC, as co-documentation agents, and BANK OF AMERICA, N.A., as Administrative Agent (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), Swing Line Lender and L/C Issuer.
ContractStockholders Agreement • April 13th, 2017 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS STOCKHOLDERS AGREEMENT, dated as of April 9, 2017 (this “Agreement”), among (i) Swift Transportation Company (to be renamed Knight-Swift Transportation Holdings Inc.), a Delaware corporation (the “Company”), and (ii) Gary J. Knight, The Gary J. Knight Revocable Living Trust dated May 19, 1993, as amended, and the Persons that may join this Agreement from time to time in accordance with Section 3.01(a) (collectively, the “Stockholders”). Capitalized terms are defined in Section 1.01.
November 30, 2020Knight-Swift Transportation Holdings Inc. • February 25th, 2021 • Trucking (no local) • Delaware
The Compensation Committee (the “Committee”) of the Board of Directors of Knight-Swift Transportation Holdings Inc. (the “Company”) has awarded you, as of the date of this letter (the “Grant Date”), a performance unit grant (the “Grant”). The Grant entitles you to receive shares of the Company’s Class A common stock (the “Stock”), par value $0.01 per share (the “Stock Award”), to be issued upon the completion of the Vesting Period. This Grant is made subject to the terms and conditions of this Performance Unit Grant Agreement (this “Agreement”), and the Company’s Second Amended and Restated 2014 Omnibus Incentive Plan, as amended (the “Plan”). In this Agreement, the Company is sometimes referred to as “we” or “us” and includes any subsidiaries of the Company in which the Company holds an equity or voting interest of fifty percent (50%) or more. Terms used in this Agreement that are defined in the Plan have the same meaning as stated in the Plan.
IRREVOCABLE PROXY AND AGREEMENTProxy and Agreement • March 21st, 2023 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • Nevada
This Irrevocable Proxy and Agreement (this “Proxy and Agreement”), granted and entered into as of March 20, 2023, by each of the Persons set forth on Schedule A (each, a “Stockholder” and, collectively, the “Stockholders”) to and with each of the committee members (each a “Proxy Holder”), each a director of U.S. Xpress Enterprises, Inc., a Nevada corporation (the “Company”), and a member of the Special Committee of the Board of Directors (the “Special Committee”) of the Company, and the Company. Capitalized terms used but not defined herein shall have the meanings given to them in the Merger Agreement (as defined below).
ROLLOVER AGREEMENTRollover Agreement • March 21st, 2023 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • Nevada
This Rollover Agreement (this “Agreement”), dated as of March 20, 2023, is entered into by and among Knight-Swift Transportation Holdings Inc., a Delaware corporation (“Parent”), Liberty Holdings Topco LLC, a Delaware limited liability company and wholly owned subsidiary of Parent (“Holdings”), Max L. Fuller and William Eric Fuller (each a “Key Stockholder”) and each of the other Persons set forth on Schedule A (each, a “Stockholder” and, together with the Key Stockholders, collectively, the “Stockholders”). Capitalized terms used but not defined herein shall have the meanings given to them in the Merger Agreement (as defined below).
SWIFT TRANSPORTATION COMPANY, as Parent, SWIFT SERVICES HOLDINGS, INC., as the Company, and THE SUBSIDIARY GUARANTORS NAMED ON THE SIGNATURES PAGES HERETO 10.000% SENIOR SECOND PRIORITY SECURED NOTES DUE 2018 INDENTURE Dated as of December 21, 2010...Indenture • December 23rd, 2010 • Swift Transportation Co • Trucking (no local) • New York
INDENTURE, dated as of December 21, 2010, among Swift Services Holdings, Inc., a Delaware corporation (the “Company”), Swift Transportation Company, a Delaware corporation (“Parent”), the Subsidiary Guarantors (as defined herein) and U.S. Bank National Association, a national banking association, as trustee (the “Trustee”).
Confidential information in this Receivables Purchase Agreement has been omitted and filed separately with the Securities and Exchange Commission pursuant to a Confidential Treatment Request. RECEIVABLES PURCHASE AGREEMENT dated as of June 8, 2011...Receivables Purchase Agreement • August 9th, 2011 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
This RECEIVABLES PURCHASE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of June 8, 2011, among SWIFT RECEIVABLES COMPANY II, LLC, a Delaware limited liability company, as seller (the “Seller”), SWIFT TRANSPORTATION SERVICES, LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Swift”), as servicer (in such capacity, together with its successors and permitted assigns in such capacity, the “Servicer”), the various Conduit Purchasers from time to time party hereto, the various Related Committed Purchasers from time to time party hereto, the various Purchaser Agents from time to time party hereto, the various LC Participants from time to time party hereto and PNC BANK, NATIONAL ASSOCIATION, as administrator (in such capacity, together with its successors and assigns in such capacity, the “Administrator”) and as issuer of Letters of Credit (in such capacity, together with
Swift Transportation Company Phoenix, Arizona 85043Letter Agreement • April 13th, 2017 • SWIFT TRANSPORTATION Co • Trucking (no local) • Arizona
This letter agreement (this “Agreement”) between you and the Company amends and restates, effective as of, and conditioned upon the occurrence of, the effective time of the Merger (the “Effective Time”), that certain retirement letter agreement, dated September 8, 2016, between you and the Company (the “Previous Agreement”). Effective as of, and conditioned upon the occurrence of, the Effective Time, the Previous Agreement will be amended, restated, and superseded in its entirety by the terms set forth herein. In the event that the Merger Agreement shall be terminated in accordance with its terms prior to the Effective Time, this Agreement shall thereupon terminate.
REGISTRATION RIGHTS AGREEMENT Dated as of December 21, 2010 Among SWIFT SERVICES HOLDINGS, INC. and The Other Several GUARANTORS Named Herein and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and MORGAN STANLEY & CO. INCORPORATED and WELLS FARGO...Registration Rights Agreement • December 23rd, 2010 • Swift Transportation Co • Trucking (no local) • New York
This Registration Rights Agreement (this “Agreement”) is dated as of December 21, 2010, among Swift Services Holdings, Inc. (the “Company”), a Delaware corporation, and the guarantors named in Schedule A hereto (the “Initial Guarantors”), on the one hand, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated and Wells Fargo Securities, LLC and the other several Initial Purchasers named in Schedule B hereto (collectively, the “Initial Purchasers”), on the other hand.
Re: Knight-Swift Transportation Holdings Inc.: Performance Unit Officer Grant AgreementKnight-Swift Transportation Holdings Inc. • August 7th, 2019 • Trucking (no local) • Delaware
The Compensation Committee (the “Committee”) of the Board of Directors of Knight-Swift Transportation Holdings Inc. (the “Company”) has awarded you, as of the date of this letter (the “Grant Date”), a Performance Unit grant (the “Grant”). This Grant will settle in cash. The Grant entitles you to receive a cash payment equivalent to shares of the Company’s Class A common stock (the “Stock”), par value $0.01 per share (the “Stock Award”) as specified in Section 1. This Grant will be settled upon the completion of the Vesting Period. This Grant is made subject to the terms and conditions of this Performance Unit Grant Agreement (this “Agreement”), and the Company’s Amended and Restated 2014 Omnibus Incentive Plan, as amended (the “Plan”). In this Agreement, the Company is sometimes referred to as “we” or “us,” and includes any subsidiaries of the Company in which the Company holds an equity or voting interest of fifty percent (50%) or more. Terms used in this Agreement that are defined in
AGREEMENT AND PLAN OF MERGER BY AND AMONG SWIFT TRANSPORTATION COMPANY, BISHOP MERGER SUB, INC., AND KNIGHT TRANSPORTATION, INC. DATED AS OF APRIL 9, 2017Agreement and Plan of Merger • April 13th, 2017 • SWIFT TRANSPORTATION Co • Trucking (no local) • Arizona
This AGREEMENT AND PLAN OF MERGER (as hereinafter amended, modified or changed from time to time in accordance with the terms hereof, this “Agreement”), dated as of April 9, 2017, is by and among Swift Transportation Company, a Delaware corporation (“Bishop”), Bishop Merger Sub, Inc., an Arizona corporation and a direct wholly owned Subsidiary of Bishop (“Merger Sub”), and Knight Transportation, Inc., an Arizona corporation (“Rook”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of March 7, 2013 among SWIFT TRANSPORTATION CO., LLC, as the Borrower, SWIFT TRANSPORTATION COMPANY, as Holdings, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer,...Credit Agreement • May 3rd, 2013 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”), dated as of March 7, 2013, among SWIFT TRANSPORTATION CO., LLC, a Delaware limited liability company (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MORGAN STANLEY SENIOR FUNDING, INC., as Collateral Agent, MORGAN STANLEY SENIOR FUNDING, INC. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as co-Syndication Agents, and BANK OF AMERICA, N.A., as Administrative Agent (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), Swing Line Lender and L/C Issuer.
PURCHASE AND SALE AGREEMENT dated as of June 8, 2011 between THE VARIOUS ENTITIES LISTED ON SCHEDULE I HERETO, as Originators and SWIFT RECEIVABLES COMPANY II, LLCPurchase and Sale Agreement • August 9th, 2011 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
This PURCHASE AND SALE AGREEMENT (as amended, restated, supplemented or otherwise modified from time to time, this “Agreement”), dated as of June 8, 2011 is entered into between THE VARIOUS ENTITIES LISTED ON SCHEDULE I HERETO (each an “Originator”, and collectively, the “Originators”), and SWIFT RECEIVABLES COMPANY II, LLC, a Delaware limited liability company (the “Company”).
AGREEMENT AND PLAN OF MERGER by and among U.S. XPRESS ENTERPRISES, INC. KNIGHT- SWIFT TRANSPORTATION HOLDINGS INC. and LIBERTY MERGER SUB INC. Dated as of March 20, 2023Agreement and Plan of Merger • March 21st, 2023 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • Nevada
This Agreement and Plan of Merger (this “Agreement”) is made and entered into as of March 20, 2023, by and among U.S. Xpress Enterprises, Inc., a Nevada corporation (the “Company”), Knight-Swift Transportation Holdings Inc., a Delaware corporation (“Parent”), and Liberty Merger Sub Inc., a Nevada corporation and an indirect wholly owned subsidiary of Parent (“Merger Sub”). Each of Parent, Merger Sub and the Company are sometimes referred to as a “Party” and collectively as the “Parties.” All capitalized terms that are used in this Agreement have the meanings given to them in Article I.
SWIFT TRANSPORTATION COMPANY RESTRICTED STOCK GRANT AWARD NOTICERestricted Stock Grant Award • February 22nd, 2016 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS RESTRICTED STOCK GRANT AWARD NOTICE (this “Notice”) is entered into pursuant to the Swift Transportation Company 2014 Omnibus Incentive Plan (the “Plan”). This Notice is made effective as of May 8, 2015 (the “Grant Date”) by and between Swift Transportation Company, a Delaware corporation (the “Company”), and __________ (the “Grantee”).
PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • December 23rd, 2010 • Swift Transportation Co • Trucking (no local) • New York
This SUPPLEMENT, dated as of ____________ ___, _____ (this “Supplement”), is to the Pledge and Security Agreement, dated as of December [_], 2010 (as amended, supplemented, amended and restated or otherwise modified from time to time, the “Security Agreement”), among the Grantors (such term, and other terms used in this Supplement, to have the meanings set forth in Article I of the Security Agreement) from time to time party thereto, in favor of U.S. BANK NATIONAL ASSOCAITION, as the collateral agent (together with its successor(s) thereto in such capacity, the “Collateral Agent”) for each of the Secured Parties (as defined in the Security Agreement referred to below).
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of June 9, 2014 amongGuarantee and Collateral Agreement • August 7th, 2014 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
NON-QUALIFIED STOCK OPTION AWARD NOTICENon-Qualified Stock Option Award • February 22nd, 2016 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS NON-QUALIFIED STOCK OPTION AWARD NOTICE (this “Notice”) is entered into pursuant to the Swift Transportation Company 2014 Omnibus Incentive Plan (the “Plan”). This Notice is made effective as of May __, 2015 (the “Grant Date”) by and between Swift Transportation Company, a Delaware corporation (the “Company”), and __________ (the “Optionee”).
STOCK PURCHASE AGREEMENT BY AND AMONG SWIFT TRANSPORTATION COMPANY, THE SHAREHOLDERS LISTED ON ANNEX A AND JERRY MOYES, AS THE SHAREHOLDERS’ REPRESENTATIVE DATED AS OF AUGUST 6, 2013Stock Purchase Agreement • August 7th, 2013 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS STOCK PURCHASE AGREEMENT (this “Agreement”), dated as of August 6, 2013, is entered into by and among Swift Transportation Company, a Delaware corporation (“Buyer”), Mr. Jerry Moyes and The Jerry and Vickie Moyes Family Trust (together, the “Principal Shareholders”), the individuals listed on Annex A (together with the Principal Shareholders, the “Company Shareholders”) and the Shareholders’ Representative (as defined below).
STOCK PURCHASE AGREEMENT by and among THE STOCKHOLDERS OF AAA COOPER TRANSPORTATION, KNIGHT-SWIFT TRANSPORTATION HOLDINGS INC. and REID B. DOVE, in his capacity as Sellers’ Representative Dated as of July 5, 2021Stock Purchase Agreement • November 3rd, 2021 • Knight-Swift Transportation Holdings Inc. • Trucking (no local) • Delaware
INCREMENTAL FACILITY AMENDMENTSWIFT TRANSPORTATION Co • May 8th, 2012 • Trucking (no local) • New York
INCREMENTAL FACILITY AMENDMENT, dated as of April 17, 2012 (this “Agreement”), among SWIFT TRANSPORTATION CO., LLC (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), the Incremental Lender (as defined below), and BANK OF AMERICA, N.A., as administrative agent (the “Administrative Agent”).
Swift Letterhead]SWIFT TRANSPORTATION Co • September 8th, 2016 • Trucking (no local)
Thank you for your many years of service to Swift Transportation Company (the “Company”). The organization would not exist without your vision, energy, and leadership. As we mark the passing of responsibility to a new generation, this letter (this “Agreement”) memorializes our understandings concerning your upcoming retirement and the manner of approaching an effective leadership transition for the Company.
Receivables Sale Agreement Dated as of July 30, 2008 among Swift Receivables Corporation II, as the Seller, Swift Transportation Corporation, as the Initial Collection Agent, Wells Fargo Foothill, LLC, as the Administrative agent, General Electric...Receivables Sale Agreement • July 22nd, 2010 • Swift Holdings Corp. • New York
Receivables Sale Agreement, dated as of July 30, 2008, among Swift Receivables Corporation II, a Delaware corporation, as Seller (the “Seller”), Swift Transportation Corporation, a Nevada corporation, as initial Collection Agent (the “Initial Collection Agent,” and, together with any successor thereto, the “Collection Agent”), Morgan Stanley Senior Funding, Inc., Wells Fargo Foothill, LLC and General Electric Capital Corporation, as collateral agents for the Purchasers (the “Co-Collateral Agents”), Wells Fargo Foothill, LLC, as administrative agent for the Purchasers (the “Administrative Agent”), the purchasers from time to time party hereto (the “Purchasers”) and Morgan Stanley Senior Funding, Inc. as syndication agent, sole bookrunner and lead arranger (in each capacity, respectively, the “Syndication Agent”, the “Sole Bookrunner” and the “Lead Arranger”). Certain capitalized terms used herein, and certain rules of construction, are defined in Schedule I.
RESTRICTED STOCK UNIT AGREEMENT FOR EMPLOYEES UNDER THE SWIFT TRANSPORTATION COMPANYRestricted Stock Unit Agreement • February 28th, 2013 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
This Agreement (this “Agreement”) is entered into as of [ ], 2013 (the “Date of Grant”), by and between Swift Transportation Company, a Delaware corporation (the “Company”), and [ ] (the “Participant”). Capitalized terms used without definition herein shall have the meaning ascribed to them in the Swift Transportation Company 2007 Omnibus Incentive Plan as amended and restated as of December 15, 2010 (the “Plan”). Where the context permits, references to the Company shall include any Subsidiary or any successor to the Company.
FORM OF REGISTRATION RIGHTS AGREEMENT BY AND AMONG SWIFT TRANSPORTATION COMPANY, JERRY MOYES AND THE MOYES AFFILIATES NOTED HEREIN Dated as of December [], 2010Registration Rights Agreement • December 10th, 2010 • Swift Transportation Co • Trucking (no local) • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of December [], 2010, by and among Jerry Moyes, Jerry and Vickie Moyes, jointly, the Jerry and Vickie Moyes Family Trust dated 12/11/87, the Todd Moyes Trust dated 4/27/07, the Hollie Moyes Trust dated 4/27/07, the Chris Moyes Trust dated 4/27/07, the Lyndee Moyes Nester Trust dated 4/27/07, the Marti Lyn Moyes Trust dated 4/27/07, the Michael J. Moyes Trust dated 4/27/07 (together (excluding Jerry Moyes), the “Moyes Affiliates” and, collectively with Jerry Moyes, the “Initial Stockholders”) and Swift Transportation Company, a Delaware corporation (the “Company”). Unless otherwise indicated, references to articles and sections shall be to articles and sections of this Agreement.
REGISTRATION RIGHTS AGREEMENT Dated as of December 21, 2010 Among SWIFT SERVICES HOLDINGS, INC. and The Other Several GUARANTORS Named Herein and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED and MORGAN STANLEY & CO. INCORPORATED and WELLS FARGO...Registration Rights Agreement • March 30th, 2011 • Swift Transportation Co • Trucking (no local) • New York
This Registration Rights Agreement (this “Agreement”) is dated as of December 21, 2010, among Swift Services Holdings, Inc. (the “Company”), a Delaware corporation, and the guarantors named in Schedule A hereto (the “Initial Guarantors”), on the one hand, and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Morgan Stanley & Co. Incorporated and Wells Fargo Securities, LLC and the other several Initial Purchasers named in Schedule B hereto (collectively, the “Initial Purchasers”), on the other hand.
FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • February 22nd, 2016 • SWIFT TRANSPORTATION Co • Trucking (no local) • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT (the “Amendment”), dated as of September 25, 2013, is entered into among Swift Receivables Company II, LLC (the “Seller”), Swift Transportation Services, LLC (the “Servicer”), the Conduit Purchasers party hereto, the Related Committed Purchasers party hereto, the Purchaser Agents party hereto, the LC Participants party hereto and PNC Bank, National Association, as LC Bank and as administrator (the “Administrator”). All capitalized terms used herein and not defined herein shall have the meanings set forth in the hereinafter defined Purchase Agreement.
SWIFT TRANSPORTATION COMPANY RESTRICTED STOCK UNIT AWARD NOTICERestricted Stock Unit Award • February 22nd, 2016 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS RESTRICTED STOCK UNIT AWARD NOTICE (this “Notice”) is entered into pursuant to the Swift Transportation Company 2014 Omnibus Incentive Plan (the “Plan”). This Notice is made effective as of May __, 2015 (the “Grant Date”) by and between Swift Transportation Company, a Delaware corporation (the “Company”), and __________ (the “Grantee”).
FORM OF AGREEMENT AND PLAN OF MERGERForm of Agreement and Plan of Merger • November 30th, 2010 • SWIFT TRANSPORTATION Co • Trucking (no local) • Delaware
THIS AGREEMENT AND PLAN OF MERGER (this “Plan of Merger”), dated as of _____________, 2010 is entered into between Swift Corporation, a Nevada corporation (“Swift Corporation”), and Swift Transportation Company, a Delaware corporation (“Swift Transportation”). Swift Corporation and Swift Transportation are hereinafter sometimes collectively referred to as the “Constituent Corporations.”
