DYNAMEX INC. ___________ SHARES COMMON STOCK (PAR VALUE $.01 PER SHARE)Underwriting Agreement • April 7th, 1998 • Dynamex Inc • Trucking & courier services (no air) • New York
1 EXHIBIT 4.1 AMENDMENT NO. 1 TO RIGHTS AGREEMENT This Amendment No. 1 to Rights Agreement, dated as of January ___, 2001 (this "Amendment"), is by and between Dynamex Inc., a Delaware corporation (the "Company"), and ComputerShare Investor Services,...Rights Agreement • March 19th, 2001 • Dynamex Inc • Trucking & courier services (no air) • Delaware
RECITALS:Credit Agreement • October 30th, 2000 • Dynamex Inc • Trucking & courier services (no air) • Texas
1 EXHIBIT 2.1 STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (this "Agreement"), dated the 30th day of September, 1997, is by and among Dynamex Inc., a Delaware corporation ("Purchaser"), and each of the individual persons listed on Schedule...Stock Purchase Agreement • October 7th, 1997 • Dynamex Inc • Trucking & courier services (no air) • New York
1 EXHIBIT 2.1 STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (this "Agreement"), dated as of the 16th day of May, 1997, is by and among Dynamex Inc., a Delaware corporation ("Purchaser"), Road Runner Transportation, Inc., a Minnesota...Stock Purchase Agreement • May 28th, 1997 • Dynamex Inc • Trucking & courier services (no air) • Texas
CREDIT AGREEMENT dated as of March 2, 2004,Credit Agreement • June 7th, 2004 • Dynamex Inc • Trucking & courier services (no air) • Texas
RECITALS:Credit Agreement • November 5th, 1998 • Dynamex Inc • Trucking & courier services (no air) • Texas
EXHIBIT 4.3 AMENDMENT NO. 2 TO RIGHTS AGREEMENT This Amendment No. 2 to Rights Agreement, dated as of October 4, 2001 (this "Amendment"), is by and between Dynamex Inc., a Delaware corporation (the "Company"), and ComputerShare Investor Services, LLC...Rights Agreement • November 13th, 2001 • Dynamex Inc • Trucking & courier services (no air) • Delaware
RECITALS:Credit Agreement • June 30th, 2000 • Dynamex Inc • Trucking & courier services (no air) • Texas
EXHIBIT 4.2 AMENDMENT NO. 1 TO RIGHTS AGREEMENT This Amendment No. 1 to Rights Agreement, dated as of January 112001 (this "Amendment"), is by and between Dynamex Inc., a Delaware corporation (the "Company"), and ComputerShare Investor Services, LLC...Rights Agreement • November 13th, 2001 • Dynamex Inc • Trucking & courier services (no air) • Delaware
BACKGROUNDCredit Agreement • June 16th, 2003 • Dynamex Inc • Trucking & courier services (no air) • Texas
1 EXHIBIT 10.1 AMENDED AND RESTATED EMPLOYMENT AGREEMENT THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of December 6, 2000, is by and between Dynamex Inc., a Delaware corporation (the Company"), and Richard K. McClelland ("Executive"), and...Employment Agreement • December 18th, 2000 • Dynamex Inc • Trucking & courier services (no air) • Delaware
1 EXHIBIT 10.7 ================================================================ ================ SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of August 26, 1997Credit Agreement • October 29th, 1997 • Dynamex Inc • Trucking & courier services (no air) • Texas
BACKGROUNDCredit Agreement • October 29th, 2002 • Dynamex Inc • Trucking & courier services (no air) • Texas
1 EXHIBIT 10.1 AMENDMENT NO. 2 TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT This Amendment No. 2 to Amended and Restated Employment Agreement ("Amendment") is made and entered into on March 20, 1998, between DYNAMEX INC., a Delaware corporation,...Employment Agreement • April 7th, 1998 • Dynamex Inc • Trucking & courier services (no air) • Delaware
AGREEMENT AND PLAN OF MERGER Dated as of December 14, 2010 among TRANSFORCE INC. TRANSFORCE ACQUISITION CORP. and DYNAMEX INC.Agreement and Plan of Merger • December 15th, 2010 • Dynamex Inc • Trucking & courier services (no air) • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of December 14, 2010 (this “Agreement”), is among TransForce Inc., a Canadian corporation (“Parent”), TransForce Acquisition Corp., a Delaware corporation and an indirect wholly owned Subsidiary of Parent (“Merger Sub”), and Dynamex Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 8.11.
AGREEMENT AND PLAN OF MERGER Dated as of October 1, 2010 among DASHNOW HOLDING CORP., DASHNOW ACQUISITION CORP. and DYNAMEX INC.Agreement and Plan of Merger • October 1st, 2010 • Dynamex Inc • Trucking & courier services (no air) • Delaware
This AGREEMENT AND PLAN OF MERGER, dated as of October 1, 2010 (this “Agreement”), is among DashNow Holding Corp., a Delaware corporation (“Parent”), DashNow Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Dynamex Inc., a Delaware corporation (the “Company”). Certain capitalized terms used in this Agreement are defined in Section 8.11.
SIXTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 12th, 2007 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS SIXTH AMENDMENT TO CREDIT AGREEMENT (this “Sixth Amendment”), dated as of July 31, 2007, by and among the lender listed on the signature pages hereof as Lender (the “Lender”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, DYNAMEX FRANCHISE HOLDINGS, INC., a Delaware corporation, DYNAMEX DOMESTIC FRANCHISING, INC., a Delaware corporation, DYNAMEX FLEET SERVICES, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • December 7th, 2006 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Fifth Amendment”), dated as of October 5, 2006, by and among the lender listed on the signature pages hereof as Lender (the “Lender”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, DYNAMEX FRANCHISE HOLDINGS, INC., a Delaware corporation, DYNAMEX DOMESTIC FRANCHISING, INC., a Delaware corporation, DYNAMEX FLEET SERVICES, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 7th, 2005 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “First Amendment”), dated as of April 22, 2005, by and among the lenders listed on the signature pages hereof as Lenders (the “Lenders”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, ROAD RUNNER TRANSPORTATION, INC., a Minnesota corporation, NEW YORK DOCUMENT EXCHANGE CORPORATION, a New York corporation, DYNAMEX DEDICATED FLEET SERVICES, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 16th, 2006 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS FOURTH AMENDMENT TO CREDIT AGREEMENT (this “Fourth Amendment”), dated as of July 21, 2006, by and among the lenders listed on the signature pages hereof as Lenders (the “Lenders”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, DYNAMEX FRANCHISE HOLDINGS, INC., a Delaware corporation, DYNAMEX DOMESTIC FRANCHISING, INC., a Delaware corporation, DYNAMEX FLEET SERVICES, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 19th, 2010 • Dynamex Inc • Trucking & courier services (no air) • Texas
This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of May 13, 2010 (the “Effective Date”), by and between Maynard Skarka (“Executive”) and Dynamex Inc., a Delaware corporation (the “Company”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 6th, 2006 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Second Amendment”), dated as of November 10, 2005, by and among the lenders listed on the signature pages hereof as Lenders (the “Lenders”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, ROAD RUNNER TRANSPORTATION, INC., a Minnesota corporation, NEW YORK DOCUMENT EXCHANGE CORPORATION, a New York corporation, DYNAMEX DEDICATED FLEET SERVICES, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • November 30th, 2010 • Dynamex Inc • Trucking & courier services (no air)
This AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF MERGER, dated as of November 30, 2010 (this ”Amendment”), is among DashNow Holding Corp., a Delaware corporation (“Parent”), DashNow Acquisition Corp., a Delaware corporation and a wholly owned Subsidiary of Parent (“Merger Sub”), and Dynamex Inc., a Delaware corporation (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • December 10th, 2008 • Dynamex Inc • Trucking & courier services (no air) • Texas
This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of November 1, 2008 (the “Effective Date”), by and between James L. Welch (“Executive”) and Dynamex Inc., a Delaware corporation (the “Company”).
CONSULTING AGREEMENTConsulting Agreement • December 10th, 2009 • Dynamex Inc • Trucking & courier services (no air) • Texas
This CONSULTING AGREEMENT (this “Agreement”) is made and entered into as of July 31, 2009 (the “Effective Date”), by and between Richard K. McClelland (“McClelland”) and Dynamex Inc., a Delaware corporation (the “Company”).
RECITALS:Credit Agreement and Conditional Waiver Agreement • June 30th, 2000 • Dynamex Inc • Trucking & courier services (no air) • Texas
GENERAL RELEASE AND SEVERANCE AGREEMENTGeneral Release and Severance Agreement • July 11th, 2006 • Dynamex Inc • Trucking & courier services (no air)
This General Release and Severance Agreement (the “Agreement”) is between James Wicker (“Executive”), 2600 Lakeview Court, Prosper, Texas 75078 and Dynamex Inc. (“Dynamex”). The Effective Date of this Agreement is the day it is signed by Executive (“Effective Date”).
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • October 14th, 2008 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (this “Seventh Amendment”), dated as of September 17, 2008, by and among the lender listed on the signature pages hereof as Lender (the “Lender”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, DYNAMEX FRANCHISE HOLDINGS, INC., a Delaware corporation, DYNAMEX DOMESTIC FRANCHISING, INC., a Delaware corporation, DYNAMEX FLEET SERVICES, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
EIGHTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 12th, 2009 • Dynamex Inc • Trucking & courier services (no air) • Texas
THIS EIGHTH AMENDMENT TO CREDIT AGREEMENT (this “Eighth Amendment”), dated as of January 26, 2009, by and among the lender listed on the signature pages hereof as Lender (the “Lender”), DYNAMEX INC., a Delaware corporation (the “Borrower”), DYNAMEX OPERATIONS EAST, INC., a Delaware corporation, DYNAMEX OPERATIONS WEST, INC., a Delaware corporation, DYNAMEX CANADA HOLDINGS, INC., a Delaware corporation, DYNAMEX PROVINCIAL COURIERS, INC., a Delaware corporation, DYNAMEX FRANCHISE HOLDINGS, INC., a Delaware corporation, DYNAMEX DOMESTIC FRANCHISING, INC., a Delaware corporation, DYNAMEX FLEET SERVICES, INC., a Delaware corporation, BANK OF AMERICA, N.A., in its capacity as a lender (the “Lender”), and BANK OF AMERICA, N.A., as administrative agent for itself and the Lender (in such capacity, the “Administrative Agent”).
