Exhibit 10.4(b) Revolving Credit Note.
REVOLVING CREDIT NOTE
$30,000,000 Nashville, Tennessee
July 28, 2004
FOR VALUE RECEIVED, the undersigned, Central Freight Lines, Inc., a Texas
corporation (the "Borrower"), hereby promises to pay to SunTrust Bank (the
"Lender") or its registered assigns at its principal office or any other office
that the Lender designates, on the Commitment Termination Date, as defined in
the First Amended and Restated Revolving Credit Loan Agreement dated as of July
28, 2004, (as the same may be amended, supplemented or otherwise modified from
time to time, the "Credit Agreement"), between the Borrower and the Lender, the
lesser of the principal sum of $30,000,000 and the aggregate unpaid principal
amount of all Revolving Loans made by the Lender to the Borrower pursuant to the
Credit Agreement, in lawful money of the United States of America in immediately
available funds, and to pay interest from the date hereof on the principal
amount thereof from time to time outstanding, in like funds, at said office, at
the rate or rates per annum and payable on such dates as provided in the Credit
Agreement. In addition, should legal action or an attorney-at-law be utilized to
collect any amount due hereunder, the Borrower further promises to pay all costs
of collection, including the reasonable attorneys' fees of the Lender.
The Borrower promises to pay interest, on demand, on any overdue principal
and, to the extent permitted by law, overdue interest from their due dates at a
rate or rates provided in the Credit Agreement.
All borrowings evidenced by this Revolving Credit Note and all payments and
prepayments of the principal hereof and the date thereof shall be endorsed by
the holder hereof on the schedule attached hereto and made a part hereof or on a
continuation thereof which shall be attached hereto and made a part hereof, or
otherwise recorded by such holder in its internal records; provided, that the
failure of the holder hereof to make such a notation or any error in such
notation shall not affect the obligations of the Borrower to make the payments
of principal and interest in accordance with the terms of this Revolving Credit
Note and the Credit Agreement.
This Revolving Credit Note is issued in connection with, and is entitled to
the benefits of, the Credit Agreement which, among other things, contains
provisions for the acceleration of the maturity hereof upon the happening of
certain events, for prepayment of the principal hereof prior to the maturity
hereof and for the amendment or waiver of certain provisions of the Credit
Agreement, all upon the terms and conditions therein specified. THIS REVOLVING
CREDIT NOTE SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF
THE STATE OF TENNESSEE AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA.
CENTRAL FREIGHT LINES, INC., a
Texas corporation
By:_________________________________
Title:______________________________
