1 EXHIBIT 10.4 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("Agreement") is made and entered into this 16th day of July, 1998 by and between DONALD G. JOHNSTON, an individual resident of Alabama (hereinafter referred to as "Consultant") and BOYD...Consulting Agreement • March 31st, 1999 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
COMPASS BANK SECURITY AGREEMENTSecurity Agreement • March 30th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
TERM NOTEBoyd Bros Transportation Inc • September 13th, 2004 • Trucking (no local)
FOR VALUE RECEIVED, BOYD BROS. TRANSPORTATION INC., a Delaware corporation (the "Borrower"), whose address is 3275 Highway 30, Clayton, AL 36016, promises to pay to the order of LASALLE BANK NATIONAL ASSOCIATION, a national banking association (hereinafter, together with any holder hereof, the "Bank"), whose address is 135 South La Salle Street, Chicago, Illinois 60603, on or before March 13, 2006 (the "Term Loan Maturity Date"), the principal sum of THREE MILLION FIVE HUNDRED THOUSAND and 00/100 DOLLARS ($3,500,000.00), which amount is the principal amount of the Term Loan made by the Bank to the Borrower under and pursuant to that certain Loan and Security Agreement dated as of September 13, 2004, executed by and between the Borrower and the Bank, as amended from time to time (as amended, supplemented or modified from time to time, the "Loan Agreement"), together with interest (computed on the actual number of days elapsed on the basis of a 360 day year) on the principal amount of th
MAXIMUM REVOLVER AMOUNT: $13,000,000 (including a Letter of Credit Subfacility of up to $7,000,000). Letters of Credit will be issued either by a bank and/or by GE Capital and/or one of its affiliates, on terms acceptable to Agent, and will be...Boyd Bros Transportation Inc • May 28th, 2004 • Trucking (no local)
Reference is made to that certain letter agreement, dated as of April 28, 2004 (the "Existing Commitment Letter"), between General Electric Capital Corporation (the "Agent") and Boyd Bros. Transportation Inc. ("Boyd"), WTI Transport, Inc. ("WTI") and Boyd Logistics, Inc. ("Logistics") (Boyd, WTI and Logistics are collectively referred to as the "Borrowers" and individually as a "Borrower"). The Borrowers and the Agent desire to amend certain terms and conditions contained in the Existing Commitment Letter in accordance with the terms and conditions contained herein. As such, the Borrowers and the Agent, intending to be legally bound, agree that the Existing Commitment Letter is hereby amended and restated in its entirety as follows:
PREAMBLECredit and Security Agreement • March 31st, 1999 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
. . EXHIBIT 10.1 COMMERCIAL LOAN AND SECURITY AGREEMENT 00147900000000427 [LOGO] NAVISTAR FINANCIAL (FOR NEW OR USED MOTOR VEHICLES AND EQUIPMENT) CORPORATION Agreement Date: 5/24/2004 The undersigned Borrower hereby applies to Navistar Financial...Loan and Security Agreement • August 16th, 2004 • Boyd Bros Transportation Inc • Trucking (no local) • Texas
ANDLoan and Security Agreement • September 13th, 2004 • Boyd Bros Transportation Inc • Trucking (no local)
1 EXHIBIT 10.3 FIRST AMENDMENT TO ACQUISITION AGREEMENT, EMPLOYMENT AGREEMENT AND COVENANT NOT TO COMPETE THIS FIRST AMENDMENT TO ACQUISITION AGREEMENT, EMPLOYMENT AGREEMENT AND COVENANT NOT TO COMPETE (this "Amendment"), made this 17 day of March,...Acquisition Agreement • March 30th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
RECITALSCredit Agreement • November 14th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
1 EXHIBIT 10.6 CONSULTING AGREEMENT THIS CONSULTING AGREEMENT ("Agreement") is made and entered into as of June 1, 2000 by and between MILLER WELBORN, an individual resident of Alabama (hereinafter referred to as "Consultant"), and BOYD BROS....Consulting Agreement • March 30th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
COMPASS BANK SECURITY AGREEMENTSecurity Agreement • March 30th, 2000 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
1 EXHIBIT 10.3 EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this 8th day of December, 1997, and effective as of the "Effective Date" as defined below, by and between BOYD BROS. TRANSPORTATION, INC., a Delaware corporation ("Boyd"), and...Employment Agreement • March 31st, 1998 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
1 EXHIBIT 10.5 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this "Amendment"), made as of the 22 day of May, 2000, by and among BOYD BROS. TRANSPORTATION INC., a Delaware corporation (hereinafter referred to...Employment Agreement • March 30th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
RECITALSConsulting Agreement • August 14th, 2002 • Boyd Bros Transportation Inc • Trucking (no local)
1 EXHIBIT 2.1.1 PLAN OF MERGERPlan of Merger • December 19th, 1997 • Boyd Bros Transportation Inc • Trucking (no local)
ATTN: CHRIS HEALY ATTN: ------------------------------------------------------- ------------------------- EQUIPMENT ------------------------------------------- -------------------------------------Boyd Bros Transportation Inc • August 5th, 1997 • Trucking (no local) • California
ATTN: CHRIS HEALY ATTN: ------------------------------------------------------- ------------------------- EQUIPMENT ------------------------------------------- -------------------------------------Boyd Bros Transportation Inc • May 13th, 1997 • Trucking (no local) • California
EXHIBIT 10.1 MASTER SECURITY AGREEMENT dated as of May 21, 2002 ("Agreement") THIS AGREEMENT is between GENERAL ELECTRIC CAPITAL CORPORATION (together with its successors and assigns, if any, "SECURED PARTY") and BOYD BROS. TRANSPORTATION INC....Master Security Agreement • August 14th, 2002 • Boyd Bros Transportation Inc • Trucking (no local)
RECITALSWaiver and Consent Agreement • March 26th, 2004 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
1 EXHIBIT 10.5 STOCK PURCHASE AGREEMENT THIS STOCK PURCHASE AGREEMENT (this "Agreement"), made and entered into this 7th day of January, 1999, by and between DONALD G. JOHNSTON, an individual resident of the State of Alabama ("Seller") and BOYD BROS....Stock Purchase Agreement • March 31st, 1999 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
Exhibit (b)(2) TERM LOAN AGREEMENT THIS TERM LOAN AGREEMENT (this "Agreement") dated September 13, 2004, made by and between Boyd Bros. Transportation Inc., a Delaware corporation ("Borrower") and Dempsey Boyd ("Lender"). W I T N E S S E T H: WHEREAS,...Term Loan Agreement • September 13th, 2004 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
PREAMBLECredit and Security Agreement • March 30th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
MASTER NOTE FOR BUSINESS AND COMMERCIAL LOANS Montgomery, Alabama $ 2,500,000.00 July 7, 2000 DateBoyd Bros Transportation Inc • March 30th, 2001 • Trucking (no local)
EXHIBIT 2.1 AGREEMENT AND PLAN OF MERGER BY AND BETWEEN BOYD BROS. TRANSPORTATION INC.Agreement and Plan of Merger • December 31st, 2003 • Boyd Bros Transportation Inc • Trucking (no local) • Delaware
SECURITY AGREEMENT (General)Security Agreement • November 14th, 2001 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
1 ACQUISITION AGREEMENT THIS ACQUISITION AGREEMENT, made this 8th day of December, 1997, by and among BOYD BROS. TRANSPORTATION INC., a Delaware corporation ("Boyd"), W.T. ACQUISITION CORP., an Alabama corporation (the "Boyd Sub"), WELBORN TRANSPORT,...Acquisition Agreement • December 19th, 1997 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
PACCAR SECURITY AGREEMENT FINANCIAL RETAIL INSTALLMENT CONTRACT SELLER NAME Kenworth of Dothan, Inc. PLACE OF 461 Ross Clark Cir. BUSINESS Dothan, AL 36303- MAILING 461 Ross Clark Cir. ADDRESS Dothan, AL 36303- BUYER NAME Boyd Bros. Transportation...Paccar Security Agreement • November 14th, 2003 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
DIRECT LOAN SECURITY AGREEMENT This DIRECT LOAN SECURITY AGREEMENT ("Security Agreement"), made on May 23, 2003 by and between BOYD BROTHERS TRANSPORTATION, INC. a business with its principal place of business at 3275 HIGHWAY 30, CLAYTON, ALABAMA...Direct Loan Security Agreement • November 14th, 2003 • Boyd Bros Transportation Inc • Trucking (no local) • Texas
GE CAPITAL LETTERHEAD] July 13, 2004 CONFIDENTIALBoyd Bros Transportation Inc • July 19th, 2004 • Trucking (no local)
Reference is made to that certain letter agreement, dated as of April 28, 2004 (as amended and restated on May 26, 2004, the “Existing Commitment Letter”), between General Electric Capital Corporation (the “Agent”) and Boyd Bros. Transportation Inc. (“Boyd”), WTI Transport, Inc. (“WTI”) and Boyd Logistics, Inc. (“Logistics”) (Boyd, WTI and Logistics are collectively referred to as the “Borrowers” and individually as a “Borrower”). The Borrowers and the Agent desire to amend certain terms and conditions contained in the Existing Commitment Letter in accordance with the terms and conditions contained herein. As such, the Borrowers and the Agent, intending to be legally bound, agree that the Existing Commitment Letter is hereby amended and restated in its entirety as follows:
PREAMBLECredit and Security Agreement • March 30th, 2000 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
Exhibit (b)(6) REVOLVING NOTE $12,000,000.00 Dated: September 13, 2004 Chicago, Illinois Due Date: September 13, 2007 FOR VALUE RECEIVED, BOYD BROS. TRANSPORTATION INC., a Delaware corporation (the "Borrower"), whose address is 3275 Highway 30,...Boyd Bros Transportation Inc • September 13th, 2004 • Trucking (no local)
This Revolving Note evidences the Revolving Loans, Letters of Credit and other indebtedness incurred by the Borrower under and pursuant to the Loan Agreement, to which reference is hereby made for a statement of the terms and conditions under which the Revolving Loan Maturity Date or any payment hereon may be accelerated. The holder of this Revolving Note is entitled to all of the benefits and security provided for in the Loan Agreement. All Revolving Loans shall be repaid by the Borrower on the Revolving Loan Maturity Date, unless payable sooner pursuant to the provisions of the Loan Agreement.
00147900000000146 COMMERCIAL LOAN AND SECURITY AGREEMENT (FOR NEW OR USED MOTOR VEHICLES AND EQUIPMENT) AGREEMENT DATE: 7/11/2003 THE UNDERSIGNED BORROWER HEREBY APPLIES TO NAVISTAR FINANCIAL CORPORATION ("LENDER") FOR A LOAN OF THE UNPAID BALANCE...Boyd Bros Transportation Inc • November 14th, 2003 • Trucking (no local) • Texas
THE UNDERSIGNED BORROWER HEREBY APPLIES TO NAVISTAR FINANCIAL CORPORATION ("LENDER") FOR A LOAN OF THE UNPAID BALANCE SHOWN BELOW, ON THE FOLLOWING TERMS AND CONDITIONS, IN CONNECTION WITH THE PURCHASE FROM SELLER OF THE EQUIPMENT DESCRIBED BELOW (THE "GOODS"). BORROWER HEREBY ACKNOWLEDGES DELIVERY, INSPECTION AND ACCEPTANCE OF THE GOODS, REPRESENTS THAT THE GOODS ARE BEING PURCHASED FOR A BUSINESS OR COMMERCIAL PURPOSE AND AUTHORIZES DISBURSEMENT OF LOAN PROCEEDS TO SELLER IN PAYMENT FOR THE GOODS OR OTHER OBLIGATIONS OF BORROWER.
EXHIBIT 10.6 November 12, 2003 Mr. Richard Bailey Chief Operating Officer Boyd Brothers Transportation, Inc. 3275 Highway 30 Clayton, AL 36016 RE: CREDIT AND SECURITY AGREEMENT BETWEEN COMPASS BANK ("BANK") AND BOYD BROTHERS TRANSPORTATION, INC....Boyd Bros Transportation Inc • November 14th, 2003 • Trucking (no local)
RE: CREDIT AND SECURITY AGREEMENT BETWEEN COMPASS BANK ("BANK") AND BOYD BROTHERS TRANSPORTATION, INC. ("BORROWER") DATED APRIL 11, 2000
COMPASS BANK COMMERCIAL 3480 EASTERN BLVD. SECURITY MONTGOMERY, AL 36116 AGREEMENT (334) 409-7304 "LENDER" BORROWER BORROWER -------- -------- BOYD BROTHERS TRANSPORTATION, BOYD BROTHERS TRANSPORTATION, CO., INC. CO., INC. ADDRESS ADDRESS -------...Boyd Bros Transportation Inc • March 28th, 2003 • Trucking (no local)
EX 10.3 SECURITY AGREEMENT [PACCAR FINANCIAL LOGO] RETAIL INSTALLMENT CONTRACT ------------------------------------------------------------------------------- -3 Security Agreement • August 12th, 2003 • Boyd Bros Transportation Inc • Trucking (no local) • Alabama
