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EXHIBIT 10.2
ASSIGNMENT OF
ASSET PURCHASE AGREEMENT
THIS ASSIGNMENT is made this 29th day of September 1997 between Xxxx X.
Xxxxxxxx ("XXXXXXXX") and Aasche Transportation Services, Inc., a Delaware
corporation ("AASCHE").
X. Xxxxxxxx has entered into an Asset Purchase Agreement dated September 24,
1997 between Xxxxxxxx, as Buyer and Xxxx Xxxx Transport, Inc. as Seller., and
as such agreement may be amended (the "AGREEMENT"), a copy of which is
attached hereto as Exhibit X.
X. Xxxxxxxx desires to assign to Aasche certain provisions of the Agreement and
Aasche desires to accept an assignment of the Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals, which are
hereby incorporated herein, and the mutual premises herein contained, and for
other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the parties hereby agree as follows:
1. Xxxxxxxx hereby assigns to Aasche all of his rights and interests in and
to the Agreement, except for the following Sections 7.3, 7.4, 8.3(f), 8.3(g),
8.3(h) and 8.3(i).
2. Aasche hereby accepts the assignment by Xxxxxxxx of all of his rights
and interests in and to the Agreement, except as set forth in Section 1 and
except as set forth in Section, hereby assumes all of Xxxxxxxx'x obligations
under the Agreement.
3. Xxxxxxxx agrees that he will promptly and duly execute and deliver any
and all further instruments and documents as Aasche may reasonably require in
obtaining the full benefits of this Assignment and the rights and powers herein
granted.
4. This Assignment shall be binding upon and shall inure to the benefit of
the parties hereto and their permitted successors, assigns, heirs and legal
representatives.
IN WITNESS WHEREOF, the parties hereto have executed this Assignment as of
the date first above written.
/s/ Xxxx X. Xxxxxxxx
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Xxxx X. Xxxxxxxx
AASCHE TRANSPORTATION SERVICES, INC.
By: /s/ Xxxxx X. Xxxxx
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Xxxxx X. Xxxxx, Chairman and Chief
Executive Officer
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CONSENT
The undersigned hereby consents to the foregoing Assignment.
Dated: 10/15/97 XXXX XXXX TRANSPORT, INC.
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By: /s/ Xxxx X. Xxxx
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Xxxx X. Xxxx, President
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