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Exhibit 4.6
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SIXTH AMENDED AND RESTATED REVOLVING NOTE
$28,500,000 December 30, 1997
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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 TWENTY-EIGHT MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS
($28,500,000.00) 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, December 30, 1996, 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. & Sec.
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