FORM OF CREDIT AGREEMENT Dated as of December [ ], 2010 among SWIFT TRANSPORTATION CO., LLC, as the Borrower, SWIFT TRANSPORTATION COMPANY, as Holdings, The Other Guarantors Party Hereto, BANK OF AMERICA, N.A., as Administrative Agent, Swing Line...Credit Agreement • December 10th, 2010 • Swift Transportation Co • Trucking (no local) • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of December [__], 2010, among SWIFT TRANSPORTATION CO., LLC, a Delaware limited liability company (the “Borrower”), SWIFT TRANSPORTATION COMPANY (“Holdings”), the Guarantors (such term and each other capitalized term used but not defined herein having the meaning given to it in Article I), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), MORGAN STANLEY SENIOR FUNDING, INC., as Syndication Agent and Collateral Agent, WELLS FARGO BANK, NATIONAL ASSOCIATION, CITIGROUP CAPITAL MARKETS, INC. and PNC CAPITAL MARKETS LLC, as Co-Documentation Agents, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
FORM OF REGISTRATION RIGHTS AGREEMENT BY AND AMONG SWIFT TRANSPORTATION COMPANY, JERRY MOYES AND THE MOYES AFFILIATES NOTED HEREIN Dated as of December [], 2010Registration Rights Agreement • December 10th, 2010 • Swift Transportation Co • Trucking (no local) • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of December [], 2010, by and among Jerry Moyes, Jerry and Vickie Moyes, jointly, the Jerry and Vickie Moyes Family Trust dated 12/11/87, the Todd Moyes Trust dated 4/27/07, the Hollie Moyes Trust dated 4/27/07, the Chris Moyes Trust dated 4/27/07, the Lyndee Moyes Nester Trust dated 4/27/07, the Marti Lyn Moyes Trust dated 4/27/07, the Michael J. Moyes Trust dated 4/27/07 (together (excluding Jerry Moyes), the “Moyes Affiliates” and, collectively with Jerry Moyes, the “Initial Stockholders”) and Swift Transportation Company, a Delaware corporation (the “Company”). Unless otherwise indicated, references to articles and sections shall be to articles and sections of this Agreement.
