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Exhibit 4.12
NINTH AMENDED AND RESTATED REVOLVING NOTE
$ 40,000,000 December , 1999
FOR VALUE RECEIVED, USA TRUCK, INC., a corporation organized and existing
under the laws of the State of Delaware ("Borrower") I hereby promises to pay to
the order of FIRST AMERICAN NATIONAL BANK, operating as DEPOSIT GUARANTY
NATIONAL BANK ("Lender") the principal sum of FORTY MILLION AND NO/100 DOLLARS
($40,000,000.00) 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, First American National Bank, operating as Deposit Guaranty National
Bank, 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, December 30, 1996, December 30, 1997, October 30, 1998, October 28, 1999
and of even date herewith, between Xxxxxxxx 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: Xxxxx X. Xxxxx
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Title: CFO & Secretary
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