Trism Inc /De/ Sample Contracts

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Indenture • December 15th, 1999 • Trism Inc /De/ • Trucking (no local) • New York
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THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT This THIRD AMENDMENT TO LOAN AND SECURITY AGREEMENT (the "Amendment") is made and entered into as of February 23, 1999, by and among TRISM, INC. and certain of its subsidiaries (collectively referred to...
Loan and Security Agreement • March 30th, 1999 • Trism Inc /De/ • Trucking (no local) • Georgia
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TRISM, INC. and
Rights Agreement • April 30th, 2001 • Trism Inc /De/ • Trucking (no local) • Delaware
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EXHIBIT 10 FORBEARANCE AGREEMENT THIS AGREEMENT (this "Agreement" or this "Forbearance Agreement") is made and entered into as of August 1, 1999 (the "Effective Date"), by and among TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED...
Forbearance Agreement • August 16th, 1999 • Trism Inc /De/ • Trucking (no local) • New York
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Indenture • March 31st, 2000 • Trism Inc /De/ • Trucking (no local) • New York
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SENIOR SECURED SUPERPRIORITY DEBTOR-IN-POSSESSION LOAN AND SECURITY AGREEMENT Dated as of September __, 1999 Among TRISM, INC. TRISM SECURED TRANSPORTATION, INC. TRI-STATE MOTOR TRANSIT CO. DIABLO SYSTEMS INCORPORATED, d/b/a DIABLO TRANSPORTATION,...
Loan and Security Agreement • November 15th, 1999 • Trism Inc /De/ • Trucking (no local) • New York
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POST-CONFIRMATION LOAN AND SECURITY AGREEMENT As of February 9, 2000 Between
Loan and Security Agreement • March 31st, 2000 • Trism Inc /De/ • Trucking (no local) • New York
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THIS AGREEMENT IS NOT AN OFFER WITH RESPECT TO ANY SECURITIES OR SOLICITATION OF ACCEPTANCES OF A CHAPTER 11 PLAN. SUCH OFFER OR SOLICITATION WILL BE MADE IN COMPLIANCE WITH ALL APPLICABLE SECURITIES LAWS AND/OR PROVISIONS OF THE BANKRUPTCY CODE....
Restructuring Agreement • September 24th, 1999 • Trism Inc /De/ • Trucking (no local) • New York
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Trism Secured Transportation, Inc. Delaware Tri-State Motor Transit Co. Delaware Aero Body and Truck Equipment Company, Inc., Tri-State Transportation Service, Inc. Missouri Diablo Systems Incorporated d/b/a/ Diablo Transportation, Inc. California...
Transportation Agreement • March 28th, 1997 • Trism Inc /De/ • Trucking (no local)
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Indenture • February 4th, 2000 • Trism Inc /De/ • Trucking (no local) • New York
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SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTEENTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS SIXTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTEENTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 20th day of July, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corpo

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CASH INCENTIVE AGREEMENT This CASH INCENTIVE AGREEMENT dated February 15, 2000 (this "Employment Agreement") is by and between TRISM, INC., a Delaware corporation (the "Corporation"), and Walter E. Prince (the "Executive"). R E C I T A L S: WHEREAS,...
Cash Incentive Agreement • March 31st, 2000 • Trism Inc /De/ • Trucking (no local)
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EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT dated February 15, 2000 (this "Employment Agreement") is by and between TRISM, INC., a Delaware corporation (the "Corporation"), and Edward L. McCormick (the "Executive"). R E C I T A L S: WHEREAS, the...
Employment Agreement • March 31st, 2000 • Trism Inc /De/ • Trucking (no local) • Georgia
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NINTH AMENDMENT TO FORBEARANCE AGREEMENT AND SEVENTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • May 22nd, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS NINTH AMENDMENT TO FORBEARANCE AGREEMENT AND SEVENTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is made and entered into as of this 18th day of May, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia c

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THIRD AMENDMENT TO FORBEARANCE AGREEMENT
Forbearance Agreement • May 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS THIRD AMENDMENT TO FORBEARANCE AGREEMENT (the "Agreement") is made and entered into as of this 31st day of January, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender") and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation ("Special Services"), TRISM LOGISTICS, INC., a Delaware

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FIFTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • May 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS FIFTH AMENDMENT TO FORBEARANCE AGREEMENT AND FOURTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is made and entered into as of this 14th day of March, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia

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FOURTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND TWELFTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS FOURTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND TWELFTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 6th day of July, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporat

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TWELFTH AMENDMENT TO FORBEARANCE AGREEMENT AND TENTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS TWELFTH AMENDMENT TO FORBEARANCE AGREEMENT AND TENTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 15th day of June, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation

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REGISTRATION RIGHTS AGREEMENT TRISM, INC. Common Stock, Par Value $.01 Per Share 12% Senior Subordinated Notes Due 2005 REGISTRATION RIGHTS AGREEMENT New York, New York February 15, 2000 Corporate High Yield Fund, Inc. c/o Merrill Lynch Asset...
Registration Rights Agreement • March 31st, 2000 • Trism Inc /De/ • Trucking (no local)
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FOURTH AMENDMENT TO FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • May 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS FOURTH AMENDMENT TO FORBEARANCE AGREEMENT AND THIRD AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is made and entered into as of this 28th day of February, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georg

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THIRTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND ELEVENTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS THIRTEENTH AMENDMENT TO FORBEARANCE AGREEMENT AND ELEVENTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 27th day of June, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corpor

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THIRTIETH AMENDMENT TO FORBEARANCE AGREEMENT AND TWENTY-EIGHTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS THIRTIETH AMENDMENT TO FORBEARANCE AGREEMENT AND TWENTY-EIGHTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 26th day of October, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia

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TENTH AMENDMENT TO FORBEARANCE AGREEMENT AND EIGHTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS TENTH AMENDMENT TO FORBEARANCE AGREEMENT AND EIGHTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 4th day of June, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation ("

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FORBEARANCE AGREEMENT
Forbearance Agreement • May 1st, 2001 • Trism Inc /De/ • Trucking (no local) • New York

THIS AGREEMENT (this "Agreement" or this "Forbearance Agreement") is made and entered into as of November , 2000 (the "Effective Date"), by and among TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation ("Special Services"), TRISM LOGISTICS, INC., a Delaware corporation ("Logistics"), TRISM EQUIPMENT, INC., a Delaware corporation ("TEI") (each of Trism, Trism Secured, TSMT, Diablo, CI Whitten, Heavy Haul, Specialized, Special Services, Logistics and TEI is herein referred to individual

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ELEVENTH AMENDMENT TO FORBEARANCE AGREEMENT AND NINTH AMENDMENT TO POST- CONFIRMATION LOAN AND SECURITY AGREEMENT
Forbearance Agreement and Loan and Security Agreement • November 1st, 2001 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS ELEVENTH AMENDMENT TO FORBEARANCE AGREEMENT AND NINTH AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is effective as of this 8th day of June, 2001, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), each of the financial institutions party to the Loan Agreement (each is referred to herein as a "Lender" and collectively as the "Lenders"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten"), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation

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FIRST AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT
Post-Confirmation Loan and Security Agreement • November 14th, 2000 • Trism Inc /De/ • Trucking (no local) • Georgia

THIS FIRST AMENDMENT TO POST-CONFIRMATION LOAN AND SECURITY AGREEMENT (the "Agreement") is made and entered into as of this ___ day of September, 2000, among THE CIT GROUP/BUSINESS CREDIT, INC., a New York corporation in its capacity as Agent and Lender ("Agent"), TRISM, INC., a Delaware corporation ("Trism"), TRISM SECURED TRANSPORTATION, INC., a Delaware corporation ("Trism Secured"), TRI-STATE MOTOR TRANSIT CO., a Delaware corporation ("TSMT"), DIABLO SYSTEMS INCORPORATED D/B/A DIABLO TRANSPORTATION, INC., a California corporation ("Diablo"), TRISM EASTERN, INC. D/B/A C.I. WHITTEN TRANSFER, a Delaware corporation ("CI Whitten "), TRISM HEAVY HAUL, INC., a Delaware corporation ("Heavy Haul"), TRISM SPECIALIZED CARRIERS, INC., a Georgia corporation ("Specialized"), TRISM SPECIAL SERVICES, INC., a Georgia corporation ("Special Services"), TRISM LOGISTICS, INC., a Delaware corporation ("Logistics"), TRISM EQUIPMENT, INC., a Delaware corporation ("TEI") (each of Trism, Trism Secured, TSM

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