LIMITED WAIVER TO LOAN AGREEMENTWaiver Agreement |
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Covenant Transport, Inc | COVENANT TRANSPORTATION GROUP, INC | CVTI RECEIVABLES CORP | SunTrust Capital Markets, Inc | SUNTRUST ROBINSON HUMPHREY, INC. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
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Exhibit 10.2
LIMITED WAIVER
THIS LIMITED WAIVER TO LOAN AGREEMENT, dated as of July 3, 2008 (this " Waiver "), is entered into by and among THREE PILLARS FUNDING LLC, formerly known as Three Pillars Funding Corporation, as lender (" Three Pillars "), SUNTRUST ROBINSON HUMPHREY, INC., formerly known as SunTrust Capital Markets, Inc., as administrator (the " Administrator "), CVTI RECEIVABLES CORP. (" CVTI "), and COVENANT TRANSPORTATION GROUP, INC., formerly known as Covenant Transport, Inc., a Nevada corporation, (" Covenant Nevada "). Capitalized terms used and not otherwise defined herein are used as defined in the Loan Agreement (defined below).
WHEREAS, Three Pillars, CVTI, Covenant Nevada and the Administrator are parties to that certain Loan Agreement, dated as of December 12, 2000 (as amended to date, the " Loan Agreement ");
NOW THEREFORE, in consideration of the premises and the other mutual covenants contained herein, the parties hereto agree as follows:
SECTION 1. Limited Waiver . Pursuant to Section 11.7(h) of the Agreement, a Servicer Event of Default shall occur if a default shall have occurred (regardless of whether or not such default has been waived or is continuing) with respect to any Debt in excess of $5,000,000 the obligator of which is Covenant Nevada and pursuant to Section 10.2(a) of the Agreement, an Amortization Event shall occur if a Servicer Event of Default shall occur. CVTI and Covenant Nevada hereby inform the Administrator of certain defaults under the Second Amended and Restated Credit Agreement, dated as of December 21, 2006, by and among Covenant Asset Management, Inc., Covenant Nevada, certain affiliates of the foregoing as guarantors, Bank of America, N.A., as administrative agent and certain lender parties thereto, which defaults (the " Revolving Credit Defaults ") are described in that certain Amendment No. 2, Consent and Limited Waiver to Second Amended and Restated Credit Agreement dated as of June 30, 2008 (the " Revolving Credit Waiver "). CVTI and Covenant Nevada each agree that each of the Revolving Credit Defaults constitutes a Servicer Event of Default and an Amortization Event and CVTI and Covenant Nevada each hereby requests that Three Pillars and the Administrator each waive such Revolving Credit Defaults. Subject to the following, each of Three Pillars and the Administrator hereby waives (a) each of the Servicer Events of Default and Amortization Events arising from the Revolving Credit Defaults described in Sections 3(a), (b), (d) and (e) of the Revolving Credit W






