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Exhibit 4.6
FIFTH AMENDED AND RESTATED REVOLVING NOTE
$15,000,000 December 30, 1996
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FOR VALUE RECEIVED, USA TRUCK, INC., a corporation organized and
existing under the laws of the State of Delaware ("Borrower"), hereby promises
to pay to the order of DEPOSIT GUARANTY NATIONAL BANK ("Lender") the principal
sum of FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00) or, if less, the
outstanding aggregate principal amount of all Revolving Loans (as defined in
the Revolving Credit Agreement referred to below) made by Lender to Borrower,
on the Revolving Loan Commitment Termination Date (as defined in the Revolving
Credit Agreement), and to pay interest on the unpaid principal balance of each
Revolving Loan from the date of such Revolving Loan until said principal amount
is paid in full, at the times and at the rate or rates specified in the
Revolving Credit Agreement. During the term of this Revolving Note the Borrower
may borrow, repay and reborrow hereunder.
This Note shall be deemed to be a contract made under the law of the
State of Mississippi and for all purposes shall be governed by and construed in
accordance with the laws of the State of Mississippi.
Borrower expressly waives any presentment, demand, protest or notice
of any kind in connection with this Note, now or hereafter, required by
applicable law.
Xxxxxxxx agrees to pay and save Xxxxxx harmless from and against
liability for payment of all expenses (including, but not limited to,
attorneys' fees and costs) arising in connection with the enforcement by Lender
of its rights under this Note.
Payments of principal and interest are to be made in immediately
available funds to, Deposit Guaranty National Bank, as Agent, at its main
office in Jackson, Mississippi, in lawful money of the United States of
America.
This Note is the Revolving Note issued pursuant to that certain Fourth
Amended and Restated Revolving Credit Agreement dated as of December 30, 1992,
as amended July 21, 1993, December 13, 1993, December 22, 1994, December 28,
1995, and of even date herewith, between Borrower and Lender (as amended,
modified and restated from time to time, the "Revolving Credit Agreement") and
is entitled to the benefits and subject to the terms thereof. This Note
constitutes an amendment, extension and restatement of that certain Fourth
Amended and Restated Revolving Note from Borrower to Lender dated December 30,
1992 in the original stated principal amount of $12,000,000. This Note is
subject to prepayment on the terms and in the manner set forth in the Revolving
Credit Agreement, and this Note may be declared due and payable prior to its
date of maturity in accordance with the terms thereof. The Revolving Credit
Agreement also provides for the making by Lender to Borrower of revolving loan
advance from time to time in an amount not to exceed the U. S. Dollar amount
above written and contains provisions for the acceleration of the maturity
hereof upon the terms and conditions therein specified. This note is subject to
conversion to a term note in accordance with the terms and provisions of the
Revolving Credit Agreement.
"Business Day" shall mean any day other than a Saturday, Sunday or
other day on which banking institutions in the State of Mississippi are
authorized to close.
USA TRUCK, INC., a Delaware Corporation
By: /s/ XXXXX X. XXXXX
Title: C.F.O.
