Amendment to Direct Purchase Money Loan and Security Agreement
Exhibit 10.6
Daimler
Truck
Financial
Amendment to Direct Purchase
Money Loan and Security Agreement
This Amendment to
Direct Purchase Money Loan and Security Agreement ("Amendment") is by and
between DCFS USA LLC, a Delaware limited liability company ("Creditor") and
Covenant Transport, Inc., a Tennessee corporation, CTG Leasing Company, a Nevada
corporation, Southern Refrigerated Transport, Inc., an Arkansas corporation,
Star Transportation, Inc., a Tennessee corporation (individually and
collectively, "Borrower") and amends all Direct Purchase Money Loan and Security
Agreements (Form Number TFFF1757SI) by and between Creditor and Borrower
("Agreement"). The Agreement shall be amended as follows:
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1.
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Agreement: Defined
Terms. All capitalized terms used herein and not otherwise
defined herein shall have the meanings set forth in the
Agreement. Except as expressly modified hereby, all of the
terms of the Agreement shall remain in full force and
effect.
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2.
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The
"Disclosures Required under Illinois Law" paragraph of page 1 of the
Agreement shall be superseded by that certain Self Insurance Letter
Agreement – Retail (Physical Damage) of even date herewith executed by
Borrower.
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3.
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Paragraph
5 shall be modified as follows:
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a.
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Clause
(3) of the first sentence after "Equipment," shall be modified to
add: "(other than those related to Tri-Pak units and Satellite
Equipment)"
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b.
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Clause
(a) of the second sentence, after "attached to the Equipment," shall be
modified to add "(except Tri-Pak units and Satellite Equipment)"
and
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c.
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The
following sentence shall be added after the last sentence: "I
will give Creditor prior written notice in the event I change my business
name or form, or merge into any other
entity."
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4.
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Paragraph
7 shall be modified as follows:
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a.
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Clause
(1) of the first sentence, after "when due," shall be modified to
add" ", provided Creditor provides notice to me and I fail to
make payment within five (5) business days from the date of receipt of
said notice"
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b.
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Clause
(4)(b) of the first sentence shall be deleted in its entirety;
and
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c.
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Clause
(8) of the first sentence shall be deleted in its
entirety.
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5.
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Except
as modified herein, the terms of the Agreement shall remain in full force
and effect.
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Dated
this 30 day of June, 2008
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Covenant Transport,
Inc., a Tennessee corporation
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CTG Leasing Company, a
Nevada corporation
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By:
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/s/
M. Xxxxx Xxxxxx
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By:
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/s/
M. Xxxxx Xxxxxx
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Its:
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Senior
Vice President
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Its:
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Senior
Vice President
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Daimler
Truck
Financial
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Southern Refrigerated
Transport, Inc., an Arkansas
corporation
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Star Transportation,
Inc., a Tennessee corporation
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By:
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/s/
M. Xxxxx Xxxxxx
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By:
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/s/
M. Xxxxx Xxxxxx
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Its:
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Senior
Vice President
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Its:
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Senior
Vice President
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DCFS USA LLC, a Delaware
limited liability company
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By:
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/s/ Xxxxxxx X. Fate | ||
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Its:
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Regional Credit Manager | ||
