Exhibit 10(s)
OTR Express, Inc. Xxxx Xxxxxxx
Name Prepared by
X.X. Xxx 0000
Address
Olathe, Ks. 66063
City State Zip
Reference is made to that certain "Commercial Loan and Security Agreement"
dated (Various dates See Schedule A) by and between OTR Express, Inc. (the
"Borrower") and Navistar Financial Corporation (the "Lender") (the foregoing
document referred to hereafter as the "Contract").
Lender hereby agrees to extend the due dates of the following Contract
payments of the Borrower subject to the terms and conditions set forth below:
See Schedule A
1) In consideration of Lender's extension of the above described payments,
Borrower agrees to pay the Lender, upon the execution of this Agreement an
extension charge of $105,043.97 calculated at a rate of interest equal to
contract rate % per annum and administration fee of $0.00 .
2) Except as modified by this agreement, all other terms, provisions,
conditions, and representations contained in the Contract are hereby
reaffirmed and shall remain in force and effect.
3) This agreement shall not be effective until a copy thereof is dated and
signed by the Borrower and delivered to Lender in Illinois together with
payment of $105,043.97. Said payment will be applied to Lender to the
contract as follows.
Extension Interest $105,043.97
Borrower represents that the equipment in the Contract was purchased by
Borrower for Business and commercial purposes.
Except as prohibited by law, the construction and validity of this agreement
shall be controlled by the law of Illinois, where this Agreement is entered
into, and applicable federal law. This Agreement is entered into in Illinois
and all credit and all modifications and extensions thereto will be extended
from Illinois. The validity and enforcement of the security interest granted
in the Contract shall continue to be controlled by the law of the
jurisdiction where the goods are kept and used.
The undersigned Borrower hereby acknowledges that the terms and conditions
of this agreement are accepted this 27th day of February, 2001
Navistar Financial Corporation OTR Express, Inc.
/s/ Xxxx Xxxxxxx /s/ Xxxxxxx X. Xxxx
Operations Manager Preasident
