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EXHIBIT 4
AMENDED AND RESTATED JOINT FILING AGREEMENT
AGREEMENT dated as of January 15, 1998 among Xxxxxx Xxxx; Xxxxxx Xxxx
as Trustee of the Xxxxxx Xxxx Revocable Trust under trust agreement dated
January 17, 1990; Alphabet Partners, an Illinois general partnership; ZFT
Partnership, an Illinois general partnership; Xxx Xxxxx; LFT Partnership, an
Illinois general partnership; Equity Capsure Limited Partnership, an Illinois
limited partnership; the Xxx and Xxxxxx X. Xxxxx Family Foundation, an Illinois
non-stock not-for-profit corporation; Arlington Leasing Co., a Nevada
corporation; Samstock, L.L.C., a Delaware limited liability company,
Samstock/SZRT, L.L.C., a Delaware limited liability company, and Anda
Partnership, a Nevada general partnership (collectively the "Reporting
Persons").
WHEREAS, the Reporting Persons beneficially own shares of Common
Stock, par value $0.01 per share, of CNA Surety Corporation, a Delaware
corporation.
WHEREAS, the parties hereto may be deemed to constitute a "group" for
purposes of Section 13(d)(3) of the Securities Exchange Act of 1934, as amended
(the "Act"); and
WHEREAS, each of the parties hereto desire by this Agreement to
provide for the joint filing of a Schedule 13D, and all amendments thereto,
with the Securities and Exchange Commission.
NOW, THEREFORE, the parties hereto agree as follows:
1. The parties hereto will join in the preparation and filing
of a single statement containing the information required by
Schedule 13D, and all amendments thereto, and the Schedule
13D and all such amendments will be filed on behalf of each
party hereto;
2. Each party hereto will be responsible for the timely filing
of the Schedule 13D, and all amendments thereto, and for the
completeness and accuracy of the information concerning such
party contained therein. No party hereto will be responsible
for the completeness or accuracy of the information
concerning any other party contained in the Schedule 13D or
any amendment thereto, except to the extent such party knows
or has reason to believe that such information in inaccurate.
3. Xxxxx Xxxxxxxxxx will be designated as the person authorized
to receive notices and communications with respect to the
Schedule 13D and all amendments thereto.
4. This Agreement may be executed in counterparts, all of which
when taken together will constitute one and the same
instrument.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the date first above written.
Equity Capsure Limited Partnership, Alphabet Partners, an Illinois
an Illinois limited partnership general partnership
By: Xxxxxx Xxxx Revocable Trust By: SZA Trust, a general partner
U/T/A 1/17/90, general partner
By: /s/ Xxxxxx Xxxx By: /s/ Xxxxxx X. Xxxxxxxxx
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Xxxxxx Xxxx, Trustee Xxxxxx X. Xxxxxxxxx, Trustee
Xxxxxx Xxxx Revocable Trust Arlington Leasing Co., a Nevada
U/T/A 01/17/90 corporation
By: /s/ Xxxxxx Xxxx By: /s/ Xxxxxx Xxxx
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Xxxxxx Xxxx, Trustee Xxxxxx Xxxx, President
/s/ Xxxxxx Xxxx /s/ Xxx Xxxxx
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Xxxxxx Xxxx Xxx Xxxxx
ZFT Partnership, an Illinois Samstock, L.L.C.
general partnership By: SZ Investments, L.L.C., its sole member
By: Xxxxxx Xxxx Trust, a general partner By: Xxxxxx Xxxx Revocable Trust U/T/A
1/17/90, its managing member
By: /s/ Xxxxx X. Xxxxxxxxx By: /s/ Xxxxxx Xxxx
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Xxxxx X. Xxxxxxxxx, Trustee Xxxxxx Xxxx, Trustee
Samstock/SZRT, L.L.C. Anda Partnership, a Nevada general
By: Xxxxxx Xxxx Revocable Trust partnership
U/T/A 1/17/90, its sole member By: Xxx Only Trust, a general partner
By: /s/ Xxxxxx Xxxx By: /s/ Xxx Xxxxx
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Xxxxxx Xxxx, Trustee Xxx Xxxxx, Co-Trustee
DATED: January 15, 1998
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