OMNIBUS AMENDMENT NO.1Omnibus Amendment • August 9th, 2005 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS OMNIBUS AMENDMENT NO. 1 (this “Amendment”) is made and entered into as of June 14, 2005, among XPRESS RECEIVABLES, LLC, a Nevada limited liability company (together with its successors and permitted assigns, “Borrower”), U.S. XPRESS, INC., a Nevada corporation (“U.S. Xpress”), and XPRESS GLOBAL SYSTEMS, INC., a Georgia corporation (“Global”) in their capacity as the initial servicers (each, in such capacity, together with its successors and permitted assigns in such capacity, a “Servicer” and collectively, the “Servicers”), THREE PILLARS FUNDING LLC, a Delaware limited liability company (together with its successors and permitted assigns, “Lender”), and SUNTRUST CAPITAL MARKETS, INC., a Tennessee corporation, as agent and administrator for Lender (in such capacity, together with its successor and assigns in such capacity, the “Administrator”), with respect to (a) that certain Loan Agreement dated as of October 14, 2004 by and among the parties hereto (as amended from time to time,
ASSET PURCHASE AGREEMENT Dated as of May 27, 2005 By and Among Forward Air, Inc., Xpress Global Systems, Inc., U.S. Xpress Enterprises, Inc. and the Persons set forth on the Signature Pages heretoAsset Purchase Agreement • August 9th, 2005 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
THIS ASSET PURCHASE AGREEMENT (this “Agreement”), dated as of May 27, 2005, is by and among Forward Air, Inc., a corporation duly organized and existing under the laws of Tennessee (the “Buyer”), Xpress Global Systems, Inc., a corporation duly organized and existing under the laws of Georgia (the “Seller”), U.S. Xpress Enterprises, Inc., a corporation duly organized and existing under the laws of Nevada and the parent company of the Seller (the “Parent”), and the other individuals set forth on the signature page hereto (collectively, the “Key Personnel”).
