Smithway Motor Xpress Corp Sample Contracts

November 10, 2003
Smithway Motor Xpress Corp • March 30th, 2004 • Trucking (no local)
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BY AND AMONG
Agreement and Plan of Merger • March 23rd, 2007 • Smithway Motor Xpress Corp • Trucking (no local) • Nevada
RECITALS
Asset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local)
CREDIT AGREEMENT
Credit Agreement • November 12th, 1997 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT by and between
Loan and Security Agreement • March 28th, 2002 • Smithway Motor Xpress Corp • Trucking (no local) • Illinois
WITNESSETH:
Control Agreement • May 11th, 2005 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
RECITALS
Smithway Motor Xpress Corp • June 22nd, 2005 • Trucking (no local) • Iowa
TERMS
Asset Purchase Agreement • November 12th, 1998 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
RECITALS
Asset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local) • South Dakota
NON-STATUTORY STOCK OPTION AGREEMENT ------------------------------------ (EMPLOYEE)
Non-Statutory Stock Option Agreement • June 22nd, 2005 • Smithway Motor Xpress Corp • Trucking (no local) • Iowa
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RECITALS
Asset Purchase Agreement • March 18th, 1999 • Smithway Motor Xpress Corp • Trucking (no local)
RECITALS
Asset Purchase Agreement • March 31st, 1997 • Smithway Motor Xpress Corp • Trucking (no local)
AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • January 4th, 2006 • Smithway Motor Xpress Corp • Trucking (no local)

This AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT dated as of December 30, 2005 (the “Agreement”), is executed by and among SMITHWAY MOTOR XPRESS, INC., an Iowa corporation (“Smithway”), which has its chief executive office located at 2031 Quail Avenue, Fort Dodge, Iowa 50501, EAST WEST MOTOR EXPRESS, INC., a South Dakota corporation (“East West”; Smithway and East West each being referred to herein as a “Borrower”, and collectively referred to herein as the “Borrowers”), which has its chief executive office located at 1170 JB Drive, Black Hawk, South Dakota 57718, and LASALLE BANK NATIONAL ASSOCIATION, a national banking association (the “Bank”), whose address is 135 South La Salle Street, Chicago, Illinois 60603.

AMENDMENT TO AGREEMENT AND PLAN OF MERGER
Agreement and Plan of Merger • August 31st, 2007 • Smithway Motor Xpress Corp • Trucking (no local)

THIS AMENDMENT TO AGREEMENT AND PLAN OF MERGER, is dated as of August 30, 2007 (this “Amendment”), by and among Smithway Motor Xpress Corp., a Nevada corporation (the “Company”), Western Express, Inc., a Tennessee corporation (the “Parent”), and Western Express Acquisition Corporation, a Nevada corporation and wholly owned subsidiary of the Parent (the “Purchaser”).

February 24, 2005 Smithway Motor Xpress, Inc. 2031 Quail Avenue Fort Dodge, Iowa 50501 And East West Motor Express, Inc. 1170 JB Drive Black Hawk, South Dakota 57718 Re: Fourteenth Amendment to Amended and Restated Loan and Security Agreement Gentlemen:
Smithway Motor Xpress Corp • March 1st, 2005 • Trucking (no local)

Smithway Motor Xpress, Inc., an Iowa corporation (“Smithway Inc.”) and East West Motor Express, Inc., a South Dakota corporation (“East West”) (Smithway Inc. and East West each a "Borrower” and collectively the “Borrowers”) and LaSalle Bank National Association, a national banking association (“Lender”) have entered into that certain Amended and Restated Loan and Security Agreement dated December 28, 2001 (the “Security Agreement”). From time to time thereafter, Borrowers and Lender may have executed various amendments (each an “Amendment” and collectively the “Amendments”) to the Security Agreement (the Security Agreement and the Amendments hereinafter are referred to, collectively, as the “Agreement”). Borrowers and Lender now desire to further amend the Agreement as provided herein, subject to the terms and conditions hereinafter set forth.

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