Equipment Lease Proposal Exhibit between First Union Commercial Corporation and USA Truck, Inc. (October 17, 2000)

Contract Categories: Real Estate › Lease Agreements
Summary

This agreement outlines the proposed terms for USA Truck, Inc. to lease approximately 170 Freightliner Columbia tractors from First Union Commercial Corporation, with an estimated total cost of $12 million. The lease term is 42 months, with monthly payments that vary based on the equipment delivery date and are tied to Treasury or LIBOR rates. At the end of the lease, USA Truck may purchase the equipment at fair market value. The agreement also covers expense responsibilities, indemnification, and a terminal rental adjustment clause.

View More
EX-4.23 3 d84966ex4-23.txt PROPOSAL EXHIBIT (NO. 1) DATED OCTOBER 17, 2000 1 EXHIBIT 4.23 FIRST UNION COMMERCIAL CORPORATION PROPOSAL EXHIBIT (NO. 1) USA TRUCK, INC. PROPOSAL EXHIBIT (NO. 1) The terms of this Proposal Exhibit are incorporated by reference within the Proposal letter dated October 17, 2000. 1. TYPE OF EQUIPMENT: Approximately One Hundred and Seventy (170) Freightliner Columbia Tractors. 2. ANTICIPATED EQUIPMENT COST: Approximately $12,000,000.00. 3. EQUIPMENT LOCATION: Continental United States. 4. ANTICIPATED DELIVERY DATE: January 15th through December 15th, 2001. 5. LEASE TERM: Forty-two (42) months. 6. LEASE PAYMENTS: Lessee shall make forty-two (42) monthly payments, each payable in arrears, with the following monthly payment factors according to the month of equipment takedown:
- ----------------------------------------------------------------------------------------------------------------------------------- Month JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC - -------------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- Lease Rate 6.33% 6.28% 6.24% 6.19% 6.17% 6.12% 5.64% 5.58% 5.51% 5.50% 5.43% 5.37% - -------------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- Payment Factor 1.70079 1.69791 1.69500 1.69206 1.69071 1.68786 1.65767 1.65373 1.64976 1.64854 1.64468 1.64079 - -------------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- ------- -------
The lease rate in this transaction will float from the date of this letter until the equipment funding date, based on the change in either the 5 1/2% Treasury Note's yield to maturity of 5.87% with a three (3) year remaining life and maturing Jan, 2003 or the one year LIBOR rate of 6.62%, as published in the October 17, 2000 edition of The Wall Street Journal and as published on the equipment funding date. The lease rate in this transaction will float up from the date of this proposal until the equipment funding date based on the change in either the above referenced Treasury Note's yield to maturity or the one year LIBOR rate, whichever is greater. The lease rate in this transaction will float down from the date of this proposal until the equipment funding date based on the change in either the above referenced Treasury Note's yield to maturity or the one year LIBOR rate, whichever is less. The lease rate shall be adjusted by .01% for each corresponding increase or decrease of .01% in the selected index. 7. PURCHASE OPTION: At the end of the lease term, Lessee shall have the option to purchase the equipment for its then Fair Market Value. 8. TERMINAL RENTAL ADJUSTMENT CLAUSE: If the fair market value paid to Lessor by the Lessee or a third party exceeds or falls below forty-five percent (45%) of original equipment cost, the excess will be refunded to Lessee or the shortfall will be reimbursed to Lessor by Lessee through a rental adjustment. 9. DEPRECIATION: For the account of the LESSOR and assumed to be three (3) year MACRS property. 2 10. EXPENSES: Lessee shall bear expenses related to (i) preparation, negotiation and the finalization of documents related to the transaction, (ii) out-of-pocket expenses for lien searches, title searches and obtaining certified copies of charter documents and good standing certificates, (iii) title application, lien application and registration fees and financing statement filing fees, and (iv) similar out-of-pocket expenses. 11 INDEMNIFICATION: Lessee shall indemnify Lessor against all hazards, liabilities, claims, actions, contingencies and risk of loss caused by the acts and omissions of Lessee. Additionally, Lessee shall indemnify Lessor against the loss of tax benefits retained by Lessor caused by the acts and omissions of Lessee.