SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 21, 2006 among COVENANT ASSET MANAGEMENT, INC., as the Borrower, COVENANT TRANSPORT, INC. BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, and The Other...Credit Agreement • March 16th, 2007 • Covenant Transport Inc • Trucking (no local) • Tennessee
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of December 21, 2006, among Covenant Asset Management, Inc., a Nevada corporation (the “Borrower”), Covenant Transport, Inc., a Nevada corporation and the owner of 100% of the issued and outstanding common stock of the Borrower (the “Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
AMENDMENT NO. 9 TO LOAN AGREEMENT (CVTI/Covenant Transport)Loan Agreement • March 16th, 2007 • Covenant Transport Inc • Trucking (no local) • New York
THIS AMENDMENT NO. 9 TO LOAN AGREEMENT, dated as of December 6, 2005 (the “Amendment”), is entered into by and among THREE PILLARS FUNDING LLC (formerly known as THREE PILLARS FUNDING CORPORATION), (“Three Pillars”), SUNTRUST CAPITAL MARKETS, INC. (formerly SunTrust Equitable Securities Corporation), as administrator (the “Administrator”), CVTI RECEIVABLES CORP. (“CVTI”), and COVENANT TRANSPORT, INC. (“Covenant”). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement, dated as of December 12, 2000 among Three Pillars, the Administrator, CVTI and Covenant (as amended to date, the “Loan Agreement”).
AMENDMENT NO. 12 TO LOAN AGREEMENT (CVTI/Covenant Transport)Loan Agreement • March 16th, 2007 • Covenant Transport Inc • Trucking (no local) • New York
THIS AMENDMENT NO. 12 TO LOAN AGREEMENT, dated as of December 5, 2006 (the “Amendment”), is entered into by and among THREE PILLARS FUNDING LLC (formerly known as THREE PILLARS FUNDING CORPORATION), (“Three Pillars”), SUNTRUST CAPITAL MARKETS, INC. (formerly SunTrust Equitable Securities Corporation), as administrator (the “Administrator”), CVTI RECEIVABLES CORP. (“CVTI”), and COVENANT TRANSPORT, INC. (“Covenant”). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement, dated as of December 12, 2000 among Three Pillars, the Administrator, CVTI and Covenant (as amended to date, the “Loan Agreement”).
AMENDMENT AND JOINDER AGREEMENT TO RECEIVABLES PURCHASE AGREEMENTReceivables Purchase Agreement • March 16th, 2007 • Covenant Transport Inc • Trucking (no local) • New York
THIS AMENDMENT AND JOINDER AGREEMENT TO RECEIVABLES PURCHASE AGREEMENT, dated as of October 20, 2006 (this “Amendment and Joinder Agreement”), is by and among COVENANT TRANSPORT, INC. (“Covenant Tennessee”), SOUTHERN REFRIGERATED TRANSPORT, INC. (“Southern Refrigerated” and, together with Covenant Tennessee, the “Original Originators” and each, an “Original Originator”), CVTI RECEIVABLES CORP (the “Purchaser”), COVENANT TRANSPORT SOLUTIONS, INC. (“Transport Solutions”) and STAR TRANSPORTATION, INC. (“Star Transport” and, together with Transport Solutions, the “New Originators” and each, a “New Originator”, and together with the Original Originators, the “Originators” and each, an “Originator”). Capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Original Agreement, as defined below.
AMENDMENT NO. 11 TO LOAN AGREEMENT (CVTI/Covenant Transport)Loan Agreement • March 16th, 2007 • Covenant Transport Inc • Trucking (no local) • New York
THIS AMENDMENT NO. 11 TO LOAN AGREEMENT, dated as of October 20, 2006 (the “Amendment”), is entered into by and among THREE PILLARS FUNDING LLC (formerly known as THREE PILLARS FUNDING CORPORATION), (“Three Pillars”), SUNTRUST CAPITAL MARKETS, INC. (formerly SunTrust Equitable Securities Corporation), as administrator (the “Administrator”), CVTI RECEIVABLES CORP. (“CVTI”), and COVENANT TRANSPORT, INC. (“Covenant”). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement, dated as of December 12, 2000 among Three Pillars, the Administrator, CVTI and Covenant (as amended to date, the “Loan Agreement”).
