Exhibit 4.11 NINTH AMENDMENT TO FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT THIS NINTH AMENDMENT TO FOURTH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT (this "Agreement") is made and entered into as of the 15th day of December 1999, by...Revolving Credit Agreement • March 30th, 2000 • Usa Truck Inc • Trucking (no local)
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of September 1, 2005 among USA TRUCK, INC., as the Borrower, THE SUBSIDIARIES OF THE BORROWER IDENTIFIED HEREIN, as the Guarantors, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and...Credit Agreement • September 8th, 2005 • Usa Truck Inc • Trucking (no local) • North Carolina
Any increase or decrease in the Applicable Rate resulting from a change in the Consolidated Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 7.02(b); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Tier 4 shall apply as of the second Business Day following notice of such non-delivery to the Borrower, and shall continue to apply until the first Business Day immediately following the date a Compliance Certificate is delivered in accordance with Section 7.02(b), whereupon the Applicable Rate shall be adjusted based upon the calculation of the Consolidated Leverage Ratio contained in such Compliance Certificate. The Applicable Rate in effect from the Closing Date through the first Business Day immediately following the date a Compliance Certificate is required to be delivered pursuant to Section 7.02(b) for th
USA TRUCK, INC. FIRST AMENDMENT TO LOAN AGREEMENT AMONGLoan Agreement • April 25th, 2001 • Usa Truck Inc • Trucking (no local) • Missouri
CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, and PNC BANK, NATIONAL ASSOCIATION, as Joint Lead Arrangers, WELLS FARGO BANK, NATIONAL ASSOCIATION, and PNC BANK,...Credit Agreement • August 30th, 2012 • Usa Truck Inc • Trucking (no local) • New York
THIS CREDIT AGREEMENT (this “Agreement”), is entered into as of August 24, 2012, by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, and PNC BANK, NATIONAL ASSOCIATION, a national banking association, as joint lead arrangers (in such capacity, together with their successors and assigns in such capacity, the “Joint Lead Arrangers”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, and PNC BANK, NATIONAL ASSOCIATION, a national banking association, as joint book runners (in
R E C I T A L SAsset Purchase Agreement • November 15th, 1999 • Usa Truck Inc • Trucking (no local) • Arkansas
EXHIBIT 4.24 FLEET CAPITAL CORPORATION COMMITMENT AGREEMENTCommitment Agreement • March 7th, 2003 • Usa Truck Inc • Trucking (no local)
DELIVERY RATE TRAC IMPLICIT RATE MONTH FACTOR PERCENTAGE (INCLUDING TRAC) -------- ------ ---------- ---------------- JAN $16.34 40% 3.45% FEB $16.31 40% 3.41% MAR $16.29 40% 3.37% APR $16.27 40% 3.33% MAY $16.26 40% 3.32% JUNE $16.24 40% 3.29% JULY $16.18 40% 3.19% AUG $16.15 40% 3.13% SEPT $16.11 40% 3.08% OCT $16.10 40% 3.06% NOV $16.07 40% 3.00% DEC $16.04 40% 2.95%
EXECUTIVE SEVERANCE AND CHANGE IN CONTROL AGREEMENTExecutive Severance and Change in Control Agreement • July 28th, 2020 • Usa Truck Inc • Trucking (no local) • Delaware
This Executive Severance and Change in Control Agreement (this “Agreement”), dated as of April 21, 2020 is made by and between USA Truck, Inc., a Delaware corporation (as hereinafter defined, the “Company”), and Zachary King, Senior Vice President and Chief Financial Officer of the Company (as hereinafter defined, the “Executive”).
1 Exhibit 4.12 NINTH AMENDED AND RESTATED REVOLVING NOTERevolving Note • March 30th, 2000 • Usa Truck Inc • Trucking (no local) • Delaware
AGREEMENT AND PLAN OF MERGERMerger Agreement • June 24th, 2022 • Usa Truck Inc • Trucking (no local) • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of June 23, 2022 (this “Agreement”), is made by and among Schenker, Inc., a New York corporation (“Parent”), Tango Merger, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and USA Truck, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 8.1 or as otherwise defined elsewhere in this Agreement unless the context clearly indicates otherwise.
COOPERATION AGREEMENTCooperation Agreement • February 26th, 2015 • Usa Truck Inc • Trucking (no local) • Delaware
This COOPERATION AGREEMENT is made and entered into as of February 25, 2015 (the “Agreement”) by and among USA Truck, Inc., a Delaware corporation (the “Company”), and Stone House Capital Management, LLC, a Delaware limited liability company, SH Capital Partners, L.P., a Delaware limited partnership, and Mark Cohen (collectively, the “Investor”). The Company and the Investor are referred to herein as the “Parties.”
CREDIT AGREEMENT dated as of April 19, 2010, among USA TRUCK, INC., as Borrower, The Initial Guarantors Listed Herein, The Lenders Listed Herein and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent, REGIONS BANK, as Syndications Agent and...Credit Agreement • July 30th, 2010 • Usa Truck Inc • Trucking (no local) • North Carolina
THIS CREDIT AGREEMENT is dated as of April 19, 2010, among USA TRUCK, INC., a Delaware corporation, as borrower, the INITIAL GUARANTORS listed on the signature pages hereof, as guarantors, the LENDERS listed on the signature pages hereof and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
AMENDMENT TO COOPERATION AGREEMENTCooperation Agreement • May 8th, 2015 • Usa Truck Inc • Trucking (no local) • Delaware
This AMENDMENT TO COOPERATION AGREEMENT (this “Amendment”), is made and entered into as of May 5, 2015 by and among USA Truck, Inc., a Delaware corporation, Stone House Capital Management, LLC, a Delaware limited liability company, SH Capital Partners, L.P., a Delaware limited partnership, and Mark Cohen (collectively, the “Parties”). Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the Agreement (defined below).
1,739,131 Shares USA TRUCK, INC. Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 18th, 2015 • Usa Truck Inc • Trucking (no local) • New York
The stockholders of USA Truck, Inc., a Delaware corporation (the “Company”), listed on Schedule I hereto (the “Selling Stockholders”), severally and not jointly, propose, subject to the terms and conditions stated herein, to sell to the several Underwriters named in Schedule II hereto (the “Underwriters”) an aggregate of 1,739,131 shares (the “Firm Shares”) of the Company’s Common Stock, par value $0.01 per share (the “Common Stock”), and up to an aggregate additional 260,869 shares of Common Stock (the “Additional Shares”). The Firm Shares and the Additional Shares are collectively referred to in this Underwriting Agreement (this “Agreement”) as the “Shares,” and are allocated between the Selling Stockholders as set forth in Schedule I hereto. Stephens Inc. and Cowen and Company, LLC are acting as the representatives of the several Underwriters and in such capacity are referred to in this Agreement as the “Representatives.”
Return to Form 8-KRights Agreement • November 14th, 2012 • Usa Truck Inc • Trucking (no local) • New Jersey
USA TRUCK, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • March 14th, 2012 • Usa Truck Inc • Trucking (no local) • Delaware
This Incentive Stock Option Agreement (the “Agreement”), made and entered into as of the ___ day of ___________, by and between USA Truck, Inc., a Delaware corporation (the “Company”), and _____________ (“Optionee”);
ContractRights Agreement • April 11th, 2014 • Usa Truck Inc • Trucking (no local) • New Jersey
SECOND AMENDMENT TO LOAN AGREEMENT AMONGLoan Agreement • July 18th, 2003 • Usa Truck Inc • Trucking (no local) • Missouri
ContractCooperation Agreement • May 23rd, 2014 • Usa Truck Inc • Trucking (no local) • Delaware
FIRST AMENDMENT TO EXECUTIVE SEVERANCE AND CHANGE IN CONTROL AGREEMENTExecutive Severance and Change in Control Agreement • May 4th, 2017 • Usa Truck Inc • Trucking (no local) • Delaware
This First Amendment to Executive Severance and Change in Control Agreement (this "Amendment"), dated as of January ___, 2017, is made by and between USA Truck, Inc., a Delaware corporation, and James Craig, Executive Vice President and Chief Commercial Officer. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Agreement (as hereinafter defined).
USA TRUCK, INC. RESTRICTED STOCK AWARD AGREEMENTRestricted Stock Award Agreement • May 8th, 2013 • Usa Truck Inc • Trucking (no local)
THIS RESTRICTED STOCK AWARD AGREEMENT (“Agreement”) is entered into effective this ___ day of ____, 20__, by USA Truck, Inc. (“Company”) and ________ (“Participant”) to evidence an award of restricted stock on this date to Participant pursuant to the Company’s 2004 Equity Incentive Plan (the “Plan”). A copy of the Plan is available from the Company’s Secretary upon request. NOW, THEREFORE, for the purposes set forth in the Plan, and in consideration of services to be rendered by Participant, the Company hereby grants the Award Shares (as defined below) to Participant on the terms hereinafter set forth:
USA TRUCK, INC. STOCK AWARD AGREEMENTStock Award Agreement • October 22nd, 2003 • Usa Truck Inc • Trucking (no local)
THIS STOCK AWARD AGREEMENT (“Agreement”) is entered into this of 200 , by USA Truck, Inc. (“Company”) and (“Participant”) to evidence an award of performance-vesting restricted stock on this date to Participant pursuant to the Company’s 2003 Restricted Stock Award Plan (the “Plan”).
May 19, 2016 Mr. Michael BorrowsSeparation Agreement • August 9th, 2016 • Usa Truck Inc • Trucking (no local) • Arkansas
This letter agreement (“Agreement”) sets forth the agreements and understandings among you (“you” or “Executive”) and USA Truck, Inc. (the “Company”) regarding the conclusion of your employment relationship with the Company. Company and Executive may also hereinafter be referred to individually as a “Party” and collectively as the “Parties.”
EQUITY PURCHASE AGREEMENT by and among USA TRUCK, INC. as Buyer, DAVIS TRANSFER COMPANY INC., DAVIS TRANSFER LOGISTICS INC., and B & G Leasing L.L.C., as the Companies, THE EQUITYHOLDERS OF THE COMPANIES, as the Sellers, and JOHN CARPENTIER, as...Equity Purchase Agreement • February 27th, 2019 • Usa Truck Inc • Trucking (no local) • Delaware
This Equity Purchase Agreement (this “Agreement”) is executed and delivered as of October 18, 2018, by and among (i) USA Truck, Inc., a Delaware corporation (“Buyer”); (ii) Davis Transfer Company Inc., a Georgia corporation (“DTC”), (iii) Davis Transfer Logistics Inc., a Georgia corporation (“DTL”), (iv) B & G Leasing, L.L.C., a Georgia limited liability company (“B & G” and, collectively with DTC, DTL, and, unless context otherwise requires, any Subsidiary of any of them, the “Companies” and individually, a “Company”), (v) William H. Davis, a resident of the state of Florida (“Bill Davis”), (vi) George Gary Davis, a resident of the state of Georgia (“Gary Davis”), (vii) Todd Gary Davis, a resident of the state of Georgia (“Todd Davis,” and collectively with Bill Davis and Gary Davis, “Sellers,” and individually, a “Seller”), and (viii) John Carpentier, as Sellers’ Representative. Capitalized terms used herein have the meanings set forth in Article 6 below or elsewhere in this Agreemen
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • May 5th, 2016 • Usa Truck Inc • Trucking (no local) • Arkansas
This Separation Agreement and General Release (hereinafter referred to as the “Agreement”) is entered into by and between USA Truck, Inc., a Delaware corporation (hereinafter referred to as the “Company”) and Michael R. Weindel, Jr. (hereinafter referred to as the “Employee”). Company and Employee may also hereinafter be referred to individually as a “Party” and collectively as the “Parties.”
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 30th, 2010 • Usa Truck Inc • Trucking (no local) • North Carolina
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of the 14th day of June, 2010, by and among USA TRUCK, INC., a Delaware corporation, INTERNATIONAL FREIGHT SERVICES, INC., a Delaware corporation, the LENDERS listed on the signature pages hereof and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • November 4th, 2015 • Usa Truck Inc • Trucking (no local) • Arkansas
Jeffrey Lester (“Executive”) and USA Truck, Inc. (hereafter “the Company” hereby enter into this Separation Agreement and General Release (“Agreement”).
Exhibit 4.6 FIFTH AMENDED AND RESTATED REVOLVING NOTERevolving Note • March 27th, 1997 • Usa Truck Inc • Trucking (no local) • Delaware
THIRD AMENDMENT TO LOAN AGREEMENT among BANK OF AMERICA, N.A., as “Administrative Agent” and SUNTRUST BANK, as “Documentation Agent” and BANK OF AMERICA, N.A., SUNTRUST BANK, REGIONS BANK, as “Lenders” and USA TRUCK, INC. as “Borrower” Dated as of...Loan Agreement • February 27th, 2004 • Usa Truck Inc • Trucking (no local) • Missouri
This Third Amendment to Loan Agreement (“Third Amendment”) is executed as of December 30, 2003, by and among USA Truck, Inc., a Delaware corporation (“Borrower”), Bank of America, N.A. (“BofA”), as “Administrative Agent” and “Issuer”, SunTrust Bank (“SunTrust”), as “Documentation Agent”, and BofA, SunTrust and the other lenders listed on Exhibit 3 to this Third Amendment and their respective successors and assigns, as “Lenders”.
FIFTH AMENDMENT TO LOAN AGREEMENT among BANK OF AMERICA, N.A., as “Administrative Agent” and SUNTRUST BANK, as “Documentation Agent” and BANK OF AMERICA, N.A., SUNTRUST BANK, REGIONS BANK, as “Lenders” and USA TRUCK, INC. as “Borrower” Dated as of...Loan Agreement • March 16th, 2005 • Usa Truck Inc • Trucking (no local) • Missouri
This Fifth Amendment to Loan Agreement (“Fifth Amendment”) is executed as of March 10, 2005 (the “Fifth Amendment Date”), by and among USA Truck, Inc., a Delaware corporation (“Borrower”), and Bank of America, N.A. (“BofA”), as “Administrative Agent”.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 10th, 2012 • Usa Truck Inc • Trucking (no local) • North Carolina
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made as of the 8th day of March, 2012, by and among USA TRUCK, INC., a Delaware corporation, INTERNATIONAL FREIGHT SERVICES, INC., a Delaware corporation, the LENDERS listed on the signature pages hereof and BRANCH BANKING AND TRUST COMPANY, as Administrative Agent.
CONSULTING AGREEMENTConsulting Agreement • August 4th, 2015 • Usa Truck Inc • Trucking (no local)
THIS CONSULTING AGREEMENT (the “Agreement”), is made effective as of April 6, 2015 (the “Effective Date”) by and between USA Truck, Inc., a Delaware corporation (the “Company”) and Thomas M. Glaser (the “Consultant”).
FOURTH AMENDMENT TO LOAN AGREEMENT among BANK OF AMERICA, N.A., as “Administrative Agent” and SUNTRUST BANK, as “Documentation Agent” and BANK OF AMERICA, N.A., SUNTRUST BANK, REGIONS BANK, as “Lenders” and USA TRUCK, INC. as “Borrower” Dated as of...Loan Agreement • February 27th, 2004 • Usa Truck Inc • Trucking (no local) • Missouri
This Fourth Amendment to Loan Agreement (“Fourth Amendment”) is executed as of January 31, 2004 (the “Fourth Amendment Date”), by and among USA Truck, Inc., a Delaware corporation (“Borrower”), and Bank of America, N.A. (“BofA”), as “Administrative Agent”.
FLEET CAPITAL CORPORATION COMMITMENT AGREEMENT USA TRUCK, INC.Commitment Agreement • February 27th, 2004 • Usa Truck Inc • Trucking (no local)
FIRST AMENDMENT TO EXECUTIVE SEVERANCE AND CHANGE IN CONTROL AGREEMENTExecutive Severance and Change in Control Agreement • August 8th, 2022 • Usa Truck Inc • Trucking (no local) • Delaware
This First Amendment to Executive Severance and Change in Control Agreement (this "Amendment"), dated as of June 13, 2022, is made by and between USA Truck, Inc., a Delaware corporation, and George Henry IV, Executive Vice President and Chief Operating Officer. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Agreement (as hereinafter defined).
September 23, 2015Separation Agreement • November 4th, 2015 • Usa Truck Inc • Trucking (no local) • Arkansas
This letter agreement (“Agreement”) sets forth the agreements and understandings among you (“you” or “Executive”) and USA Truck, Inc. (the “Company”) regarding the conclusion of your employment relationship with the Company.
