Standard Contracts
Amended and Restated Executive Employment AgreementExecutive Employment Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
This Amended and Restated Executive Employment Agreement (the “Amended Agreement”) is made and entered into as of April 30, 2018, and amends and restates the Employment Agreement by and between ERIC A. PETERSON (the “Executive”), U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Company”), and NEW MOUNTAIN LAKE HOLDINGS, LLC (the “Parent Company”), originally entered into on March 14, 2017 (the “Original Agreement”).
REGISTRATION RIGHTS AGREEMENT U.S. XPRESS ENTERPRISES, INC. Dated as of [ ], 2018Registration Rights Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is made as of [ ], 2018, by and among [ ] (the “Initial Stockholders”) and U.S. Xpress Enterprises, Inc., a Nevada corporation (the “Company”). Unless otherwise indicated, references to articles and sections shall be to articles and sections of this Agreement.
AMENDED AND RESTATED CREDIT AGREEMENT by and among WELLS FARGO BANK, NATIONAL ASSOCIATION, as Agent, Lead Arranger and Sole Book Runner, REGIONS BANK, as Syndication Agent, THE REVOLVING LENDERS THAT ARE PARTIES HERETO as the Revolving Lenders, NEW...Credit Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
The obligation of each Revolving Lender to make its initial extension of credit provided for in the Agreement is subject to the fulfillment, to the satisfaction of each Revolving Lender (the making of such initial extension of credit by any Revolving Lender being conclusively deemed to be its satisfaction or waiver of the following), of each of the following conditions precedent:
THIRD AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS THIRD AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into effective as of March 1, 2017, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”), and the Lenders.
FIRST AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS FIRST AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of April 10, 2015, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”) and the Lenders.
AMENDED AND RESTATED EMPLOYMENT AND NONCOMPETITION AGREEMENTEmployment Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
This Amended and Restated Employment and Noncompetition Agreement (the “Amended Agreement”) is entered into as of April 30, 2018, and amends and restates the Employment Agreement originally dated January 5, 2017 by and between U.S. Xpress, Inc., a Nevada corporation, and Leigh Anne Battersby, an individual (the “Employee”). For purposes of this Amended Agreement, U.S. Xpress Enterprises, Inc., a Nevada corporation (the “Company”), is substituted for U.S. Xpress, Inc. as the employer and contracting company.
SIXTH AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS SIXTH AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of March 19, 2018, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”), and the Lenders.
ContractCredit Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local)
AMENDMENT NO. 2 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment No. 2”), is made and entered into as of June 15, 2017, by and among NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Parent”), U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (“USX”), and the Subsidiaries of USX identified on the signature pages hereof (together with USX, each a “Borrower” and collectively, the “Borrowers”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Agent”) and the Lenders signatory hereto.
AMENDED AND RESTATED EMPLOYMENT AND NONCOMPETITION AGREEMENTEmployment Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
This Amended and Restated Employment and Noncompetition Agreement (the “Amended Agreement”) is entered into as of April 30, 2018, and amends and restates the Employment and Noncompetition Agreement originally dated September 1, 2013 (the “Original Agreement”) by and between U.S. Xpress, Inc., a Nevada corporation (the “Company”) and John W. White, an individual (the “Employee”).
SECOND AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS SECOND AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into as of November 8, 2016, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”), and the Lenders.
TERM LOAN AGREEMENT dated as of May 30, 2014, among U.S. XPRESS ENTERPRISES, INC., as Borrower NEW MOUNTAIN LAKE HOLDINGS, LLC, as Holdings THE LENDERS FROM TIME TO TIME PARTY HERETO and WILMINGTON TRUST, NATIONAL ASSOCIATION as administrative and...Term Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS TERM LOAN AGREEMENT (this “Agreement”) is made and entered into as of May 30, 2014, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), the several banks and other financial institutions and lenders from time to time party hereto (the “Lenders”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent for the Lenders (the “Agent”).
VOTING AGREEMENTVoting Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Nevada
THIS AGREEMENT dated as of , 2018, by and among the undersigned, the owners or holders of the shares of Class B Common Stock (the “Subject Shares”) issued by US Xpress Enterprises, Inc., (“U S Xpress” or the “Company”) as set forth on Exhibit A, attached hereto. The undersigned Lisa Quinn Pate is sometimes referred to herein as “Lisa Pate”; William Eric Fuller is sometimes referred to herein as “Eric Fuller”; and Max L. Fuller is sometimes referred to herein as “Max Fuller”. The undersigned trusts and entities, generally, and Lisa Pate, Eric Fuller and Max Fuller, generally, are each sometimes referred to herein as “Shareholder” and collectively as “Shareholders”).
STOCKHOLDERS’ AGREEMENTStockholders' Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • Tennessee
This Stockholders’ Agreement (this “Agreement”) is made and entered into as of [ ], 2018 by and among U.S. Xpress Enterprises, Inc., a Nevada corporation (the “Company”), and the individuals and entities listed on Appendix A hereto (the “Initial Stockholders”).
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND CONSENTCredit Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND CONSENT (this “Amendment”), is entered into as of January 5, 2015 by and among the lenders identified on the signature pages hereof (each of such lenders, together with its successors and permitted assigns, is referred to hereinafter as a “Revolving Lender”, as that term is hereinafter further defined), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for each member of the Lender Group and the Bank Product Providers (in such capacity, together with its successors and assigns in such capacity, “Agent”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability corporation (“Parent”), U.S. XPRESS ENTERPRISES, INC., a Nevada Corporation (“USX”), and the Subsidiaries of USX identified on the signature pages hereof (such Subsidiaries, together with USX, are referred to hereinafter each individually as a “Borrower”, and individually and collectively, jointly and severally, as t
FOURTH AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS FOURTH AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into effective as of August 10, 2017, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”), and the Lenders.
FIFTH AMENDMENT TO TERM LOAN AGREEMENTTerm Loan Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local) • New York
THIS FIFTH AMENDMENT TO TERM LOAN AGREEMENT (this “Amendment”), is made and entered into effective as of December 13, 2017, by and among U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (the “Borrower”), NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Holdings”), WILMINGTON TRUST, NATIONAL ASSOCIATION, in its capacity as administrative and collateral agent (the “Agent”) for the several banks and other financial institutions from time to time party to the Term Loan Agreement (as defined below) as lenders (collectively, the “Lenders”), and the Lenders.
ContractCredit Agreement • May 7th, 2018 • Us Xpress Enterprises Inc • Trucking (no local)
AMENDMENT NO. 3 TO AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment No. 3”), is made and entered into as of December 13, 2017, by and among NEW MOUNTAIN LAKE HOLDINGS, LLC, a Nevada limited liability company (“Parent”), U.S. XPRESS ENTERPRISES, INC., a Nevada corporation (“USX”), and the Subsidiaries of USX identified on the signature pages hereof (together with USX, each a “Borrower” and collectively, the “Borrowers”), WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent (“Agent”) and the Lenders signatory hereto.
