April 23, 2004 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 RE: ELEVENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Gentlemen:...Smithway Motor Xpress Corp • May 13th, 2004 • Trucking (no local)
Company FiledMay 13th, 2004 Industry
BY AND AMONGAgreement and Plan of Merger • March 23rd, 2007 • Smithway Motor Xpress Corp • Trucking (no local) • Nevada
Contract Type FiledMarch 23rd, 2007 Company Industry Jurisdiction
RECITALSAsset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledMarch 31st, 1997 Company Industry
CREDIT AGREEMENTCredit Agreement • November 12th, 1997 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledNovember 12th, 1997 Company Industry Jurisdiction
EXHIBIT 10.20 August 23, 2004 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 RE: THIRTEENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY...Smithway Motor Xpress Corp • November 12th, 2004 • Trucking (no local)
Company FiledNovember 12th, 2004 Industry
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and betweenLoan and Security Agreement • March 28th, 2002 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMarch 28th, 2002 Company Industry Jurisdiction
THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES THAT ARE TO BE REGISTERED UNDER THE SECURITIES ACT OF 1933. [ ]Stock Option Agreement • November 12th, 2004 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 12th, 2004 Company Industry
SEVENTH AMENDMENT TO CREDIT AGREEMENT This SEVENTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of August 25, 2000, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the...Credit Agreement • May 14th, 2001 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMay 14th, 2001 Company Industry Jurisdiction
THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES THAT HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933. [ ]Stock Option Agreement • November 12th, 2004 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 12th, 2004 Company Industry
WITNESSETH:Control Agreement • May 11th, 2005 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
Contract Type FiledMay 11th, 2005 Company Industry Jurisdiction
EIGHTH AMENDMENT TO CREDIT AGREEMENT This EIGHTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of March 14, 2001, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the "Guarantor")...Credit Agreement • May 14th, 2001 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMay 14th, 2001 Company Industry Jurisdiction
TERMSAsset Purchase Agreement • November 12th, 1998 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
Contract Type FiledNovember 12th, 1998 Company Industry Jurisdiction
EXHIBIT 10.22 THIS DOCUMENT CONSTITUTES PART OF A PROSPECTUS COVERING SECURITIES THAT HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 SMITHWAY MOTOR XPRESS CORP. OUTSIDE DIRECTOR STOCK OPTION AGREEMENT BY THIS OUTSIDE DIRECTOR STOCK OPTION...Option Agreement • November 12th, 2004 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 12th, 2004 Company Industry
FIFTH AMENDMENT TO CREDIT AGREEMENT This FIFTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of December 17, 1999, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the...Credit Agreement • March 29th, 2000 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMarch 29th, 2000 Company Industry Jurisdiction
RECITALSAsset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local) • South Dakota
Contract Type FiledMarch 31st, 1997 Company Industry Jurisdiction
NON-STATUTORY STOCK OPTION AGREEMENT ------------------------------------ (EMPLOYEE)Non-Statutory Stock Option Agreement • June 22nd, 2005 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
Contract Type FiledJune 22nd, 2005 Company Industry Jurisdiction
THIRD AMENDMENT TO CREDIT AGREEMENT This THIRD AMENDMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of October 30, 1998, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the "Guarantor")...Credit Agreement • March 18th, 1999 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMarch 18th, 1999 Company Industry Jurisdiction
RECITALSSmithway Motor Xpress Corp • June 22nd, 2005 • Trucking (no local) • Iowa
Company FiledJune 22nd, 2005 Industry Jurisdiction
July 7, 2004 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 RE: TWELFTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Gentlemen:...Smithway Motor Xpress Corp • November 12th, 2004 • Trucking (no local)
Company FiledNovember 12th, 2004 Industry
FOURTH AMENDMENT TO CREDIT AGREEMENT This FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is entered into as of August 20, 1999, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the...Credit Agreement • November 10th, 1999 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledNovember 10th, 1999 Company Industry Jurisdiction
RECITALSAsset Purchase Agreement • March 18th, 1999 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledMarch 18th, 1999 Company Industry
RECITALSAsset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledMarch 31st, 1997 Company Industry
SMITHWAY MOTOR XPRESS CORP. OUTSIDE DIRECTOR STOCK OPTION AGREEMENT THIS OUTSIDE DIRECTOR STOCK OPTION AGREEMENT ("Agreement") is made as of July 27, 2000 ("Grant Date"), between Smithway Motor Xpress Corp., a Nevada corporation (the "Company"), and...Outside Director Stock Option Agreement • November 6th, 2000 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 6th, 2000 Company Industry
SECOND AMENDMENT TO CREDIT AGREEMENT This SECOND AMENDMENT TO CREDIT AGREEMENT (this "Agreement") is entered into as of March 15, 1998, by and between Smithway Motor Xpress, Inc. ("Borrower"), Smithway Motor Xpress Corp. as Guarantor (the "Guarantor")...Credit Agreement • May 14th, 1998 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
Contract Type FiledMay 14th, 1998 Company Industry Jurisdiction
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • January 4th, 2006 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledJanuary 4th, 2006 Company IndustryThis AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of December 30, 2005 (the “Agreement”), is executed by and among SMITHWAY MOTOR XPRESS, INC., an Iowa corporation (“Smithway”), which has its chief executive office located at 2031 Quail Avenue, Fort Dodge, Iowa 50501, EAST WEST MOTOR EXPRESS, INC., a South Dakota corporation (“East West”; Smithway and East West each being referred to herein as a “Borrower”, and collectively referred to herein as the “Borrowers”), which has its chief executive office located at 1170 JB Drive, Black Hawk, South Dakota 57718, and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.
March 26, 2004 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 RE: TENTH AMENDMENT TO AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Gentlemen:...Smithway Motor Xpress Corp • May 13th, 2004 • Trucking (no local)
Company FiledMay 13th, 2004 Industry
March 5, 2003 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB drive Black Hawk, South Dakota 57718 Re: Third Amendment to Amended and Restated Loan and Security Agreement Gentlemen:...Smithway Motor Xpress Corp • May 13th, 2003 • Trucking (no local)
Company FiledMay 13th, 2003 Industry
November 8, 2002 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB drive Black Hawk, South Dakota 57718 Re: Second Amendment to Amended and Restated Loan and Security Agreement Gentlemen:...Smithway Motor Xpress Corp • April 30th, 2003 • Trucking (no local)
Company FiledApril 30th, 2003 Industry
March 28, 2003 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB drive Black Hawk, South Dakota 57718 Re: Fourth Amendment to Amended and Restated Loan and Security Agreement Gentlemen:...Smithway Motor Xpress Corp • May 13th, 2003 • Trucking (no local)
Company FiledMay 13th, 2003 Industry
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • August 31st, 2007 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledAugust 31st, 2007 Company IndustryTHIS AMENDMENT TO AGREEMENT AND PLAN OF MERGER, is dated as of August 30, 2007 (this “Amendment”), by and among Smithway Motor Xpress Corp., a Nevada corporation (the “Company”), Western Express, Inc., a Tennessee corporation (the “Parent”), and Western Express Acquisition Corporation, a Nevada corporation and wholly owned subsidiary of the Parent (the “Purchaser”).
MASTER LEASE AGREEMENT THIS MASTER LEASE AGREEMENT (this "LEASE") is made as of August 6, 2004, between LASALLE NATIONAL LEASING CORPORATION ("LESSOR") and SMITHWAY MOTOR XPRESS, INC. and SMITHWAY MOTOR XPRESS CORP. (jointly, severally and...Master Lease Agreement • November 12th, 2004 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 12th, 2004 Company Industry
February 24, 2005 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 Re: Fourteenth Amendment to Amended and Restated Loan and Security Agreement Gentlemen:Smithway Motor Xpress Corp • March 1st, 2005 • Trucking (no local)
Company FiledMarch 1st, 2005 IndustrySmithway Motor Xpress, Inc., an Iowa corporation (“Smithway Inc.”) and East West Motor Express, Inc., a South Dakota corporation (“East West”) (Smithway Inc. and East West each a "Borrower” and collectively the “Borrowers”) and LaSalle Bank National Association, a national banking association (“Lender”) have entered into that certain Amended and Restated Loan and Security Agreement dated December 28, 2001 (the “Security Agreement”). From time to time thereafter, Borrowers and Lender may have executed various amendments (each an “Amendment” and collectively the “Amendments”) to the Security Agreement (the Security Agreement and the Amendments hereinafter are referred to, collectively, as the “Agreement”). Borrowers and Lender now desire to further amend the Agreement as provided herein, subject to the terms and conditions hereinafter set forth.
May 10, 2002 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB drive Black Hawk, South Dakota 57718 Re: First Amendment to Amended and Restated Loan and Security Agreement Gentlemen:...Smithway Motor Xpress Corp • May 15th, 2002 • Trucking (no local)
Company FiledMay 15th, 2002 Industry
TERMSAsset Purchase Agreement and Real Estate Purchase Agreement • November 12th, 1998 • Smithway Motor Xpress Corp • Trucking (no local)
Contract Type FiledNovember 12th, 1998 Company Industry
May 10, 2002 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB drive Black Hawk, South Dakota 57718 Re: First Amendment to Amended and Restated Loan and Security Agreement Gentlemen:...Smithway Motor Xpress Corp • August 14th, 2002 • Trucking (no local)
Company FiledAugust 14th, 2002 Industry