EXHIBIT 4.5.2
REVOLVING CREDIT NOTE
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$15,000,000 Nashville, Tennessee
November 22, 2000
FOR VALUE RECEIVED, the undersigned, X.X.X. Transport, Inc., an
Arkansas corporation (the "Borrower"), hereby promises to pay to SunTrust Bank
(the "Lender") or its registered assigns at its principal office or any other
office that the Lender designates, on the Commitment Termination Date (as
defined in the Loan Agreement dated as of the date hereof (as the same may be
amended, restated or otherwise modified from time to time, the "Credit
Agreement"), between the Borrower and the Lender, the lesser of the principal
sum of Fifteen Million Dollars ($15,000,000) and the aggregate unpaid principal
amount of all Revolving Loans made by the Lender to the Borrower pursuant to
the Credit Agreement, in lawful money of the United States of America in
immediately available funds, and to pay interest from the date hereof on the
principal amount thereof from time to time outstanding, in like funds, at said
office, at the rate or rates per annum and payable on such dates as provided in
the Credit Agreement. In addition, should legal action or an attorney-at-law be
utilized to collect any amount due hereunder, the Borrower further promises to
pay all costs of collection, including the reasonable attorneys' fees of
the Lender.
The Borrower promises to pay interest, on demand, on any overdue
principal and, to the extent permitted by law, overdue interest from their due
dates at a rate provided in the Credit Agreement.
All borrowings evidenced by this Revolving Credit Note and all payments
of the principal hereof and the date thereof shall be endorsed by the holder
hereof on the schedule attached hereto and made a part hereof, or otherwise
recorded by such holder in its internal records; provided, that the failure of
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the holder hereof to make such a notation or any error in such notation shall
not affect the obligations of the Borrower to make the payments of principal
and interest in accordance with the terms of this Revolving Credit Note and the
Credit Agreement.
This Revolving Credit Note is issued in connection with, and is entitled
to the benefits of, the Credit Agreement which, among other things, contains
provisions for the acceleration of the maturity hereof upon the happening of
certain events, for prepayment of the principal hereof prior to the maturity
hereof and for the amendment or waiver of certain provisions of the Credit
Agreement, all upon the terms and conditions therein specified.
THIS REVOLVING CREDIT NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND
GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE AND ANY APPLICABLE LAWS OF THE
UNITED STATES OF AMERICA.
X.X.X. TRANSPORT, INC.
By:/s/ Xxxxx X. Xxxxxxx
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Name: Xxxxx X. Xxxxxxx
Title: Vice President - Finance
