EXHIBIT 10.6
November 12, 2003
Mr. Xxxxxxx Xxxxxx
Chief Operating Officer
Xxxx Xxxxxxxx Transportation, Inc.
0000 Xxxxxxx 00
Xxxxxxx, XX 00000
RE: CREDIT AND SECURITY AGREEMENT BETWEEN COMPASS BANK ("BANK") AND
XXXX XXXXXXXX TRANSPORTATION, INC. ("BORROWER") DATED APRIL 11, 2000
Dear Xxxxxxx:
As of September 30, 2003, Xxxx Xxxxxxxx Transportation, Inc. was in violation of
Section 6.01 of the above referenced Credit and Security Agreement (as amended,
the "Agreement"). The Borrower has requested and Bank has agreed to waive the
defaults under this Agreement existing as of September 30, 2003 solely by virtue
of the violations of Section 6.01 as outlined above. This one-time limited
waiver is effective only in the specific instance and for the purpose for which
given and nothing contained or provided herein shall be construed as granting a
waiver of any default except as specifically set forth herein or as allowing
Borrower to violate or fail to perform fully (i) Section 6.01 of Agreement after
September 30, 2003 or (ii) any other provisions of the Loan Documents at any
time.
Sincerely,
/s/ Xxxxxx X. XxXxxxxxx
Xxxxxx X. XxXxxxxxx
City President
