Item 9B. Other Information 26

| | | | | | | | | | PART III | | | | | | Item 10. Directors, Executive Officers and Corporate Governance 26 Item 11. Executive Compensation 26 Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters 26 Item 13. Certain Relationships and Related Transactions, and Director Independence 27 Item 14. Principal Accounting Fees and Services 27 | | | | | | | | | | PART IV | | | | | | Item 15. Exhibits, Financial Statement Schedules 28 | Signatures | | 30 |

FORWARD-LOOKING STATEMENTS

This report, including documents whic__h are incorporated by reference and other documents which we file periodically with the Securities and Exchange Commission (SEC), contains statements that may be considered to be “forward-looking statements.” Such statements relate to our predictions concerning future events or operations and are within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. Forward-looking statements are inherently uncertain, subject to risks, and should be viewed with caution. These statements are based on our belief or interpretation of information currently available. Stockholders and prospective investors are cautioned that actual results and future events may differ materially from the__se forward-looking statements as a result of many factors. Some of the factors and events that are not within our control and that could have a material impact on future operating results include the following: general economic and business conditions_;_ competition and competitive rate fluctuations_;_ excess capacity in the intermodal or trucking industries; a loss of one or more major customers_;_ cost and availability of diesel fuel_;_ interference with or termination of our relationships with certain railroads_;_ rail service delays_; disruptions to U.S. port-of-call activity;_ ability to attract and retain qualified drivers_,_ delivery personnel_, independent contractors, and third-party carriers;_ retention of key employees_;_ insurance costs and availability_;_ litigation and claims expense_; determination that independent contractors are employees;_ new or different environmental or other laws and regulations_; volatile financial credit markets or interest rates;_ terrorist attacks or actions_;_ acts of war_;_ adverse weather conditions_;_ disruption or failure of information systems_;_ operational disruption or adverse effects of business acquisitions; increased costs for new revenue equipment_; increased tariffs assessed on or disruptions in the procurement of imported revenue equipment;_ decreases in the value of used equipment_;_ and the ability of revenue equipment manufacturers to perform in accordance with agreements for guaranteed equipment trade-in values_._

You should understand that many important factors, in addition to those listed above, could impact us financially. Our operating results may fluctuate as a result of these and other risk factors or events as described in our filings with the SEC. Some important factors that could cause our actual results to differ from estimates or projections contained in the forward-looking statements are described under “Risk Factors” in Item 1__A_. We assume no obligation to update any forward-looking statement to the extent we become aware that it will not be achieved for any reason._

PART I