Common use of Repayment Provisions Clause in Contracts

Repayment Provisions. All outstanding principal Debt evidenced by the Notes, accrued interest thereon at the applicable rate herein provided and expenses due and payable hereunder shall be repayable: (a) in monthly installments each equal to ninety percent (90%) (or such lesser percentage as is necessary to repay in full such outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder) of the Net Proceeds of Production attributable to the Mortgaged Properties calculated for the calendar month in which proceeds are actually received, with such amount being applied first to any expenses due and payable under SECTION 9.3 hereof or otherwise due under the Loan Documents, second to accrued and unpaid interest, and third, the remainder to principal, the first of such installments commencing November 15, 2009, and continuing thereafter on the fifteenth (15th) day of each succeeding calendar month through and including the Maturity Date; and (b) all outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder, if not sooner paid, shall be repayable in full upon the Maturity Date. (c) Certain of the Security Documents contain as additional Collateral an assignment unto and in favor of the Administrative Agent, as agent for the Lenders, of all oil, gas and other minerals produced and to be produced from or attributable to the Mortgaged Properties together with all of the revenues and proceeds attributable to such production, and such Security Documents further provide that all such revenues and proceeds which may be so collected by the Administrative Agent pursuant to such assignment shall be applied to the payment of the Notes and the satisfaction of all other Debt to be secured by such Security Documents. It is the intention of the Borrower and the Lenders that the first purchasers of production deliver all Gross Proceeds of Production to the Gross Proceeds Account pursuant to such assignment. In connection with the rights of the Administrative Agent to Gross Proceeds of Production, the Borrower hereby grants the Administrative Agent a power of attorney, which power is coupled with an interest and is irrevocable, to complete in all respects and deliver to the addressee the letter transfer orders executed in connection with the Security Documents. (d) The Lenders and the Borrower expressly acknowledge and agree that so long as no Event of Default shall have occurred and be continuing, the Debt evidenced by the Notes shall be repaid as set forth above in this SECTION 2.3. Further, so long as no Event of Default shall have occurred and be continuing, all revenues not applied in repayment of the Debt evidenced by the Notes as set forth herein shall be transferred to the Borrower by the Administrative Agent by the second (2nd) Business Day of the succeeding calendar month. ________________________________________________________________________________ 15

Repayment Provisions. All outstanding principal Debt for all -------------------- Advances evidenced by the NotesNote and made by the Lender shall be paid on the Termination Date; provided, accrued interest thereon at however, promptly upon each receipt of funds from the applicable rate herein provided and expenses $25.00 Preferred Stock issuance a prepayment in the amount of such funds shall be due and payable hereunder and shall be repayable: (a) in monthly installments each equal to ninety percent (90%) (or such lesser percentage as is necessary to repay in full such outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder) of the Net Proceeds of Production attributable to the Mortgaged Properties calculated for the calendar month in which proceeds are actually received, with such amount being applied first to any expenses due and payable under SECTION 9.3 hereof or otherwise due under the Loan Documents, second to accrued and unpaid interestinterest and then to the principal balance of the Note. Interest as it accrues on principal amounts evidenced by the Note and calculated as provided herein and in the Note shall be due and payable monthly commencing on the last day of August, and third, the remainder to principal, the first of such installments commencing November 15, 20091996, and continuing thereafter on the fifteenth (15th) last day of each succeeding calendar month through while any amount remains owing on the Note and including upon the Maturity Termination Date, the interest payment in each instance to be that which has been earned and remains unpaid. All payments required pursuant to this Agreement or the Note shall be made in immediately available funds; and (b) all outstanding Debt evidenced shall be deemed received by the Notes, accrued interest thereon Lender on the next Business Day following receipt if such receipt is after 2:00 p.m. on any Business Day; and expenses due and payable hereunder, if not sooner paid, shall be repayable in full made at the offices of the Lender at 000 Xxxxxx, Xxxxxxx, Xxxxx 00000, provided, however, the Lender may, upon notice to the Maturity Date. (c) Borrower, designate a different place of payment. Certain of the Security Documents contain as additional Collateral an assignment unto and in favor of the Administrative Agent, as agent for the Lenders, Lender of all oil, gas and other minerals produced and to be produced from or attributable to the Mortgaged Properties such Security Documents encumber together with all of the revenues and proceeds attributable to such production, and such Security Documents further provide that all such revenues and proceeds which may be so collected by the Administrative Agent Lender pursuant to such assignment shall be applied to the payment of the Notes Note and the satisfaction of all other Debt to be secured by such Security Documents. It is the intention of The Lender and the Borrower expressly acknowledge and agree that so long as no Event of Default shall have occurred and be continuing, the Lender shall be entitled only to payment on the Note as set forth in the preceding paragraphs of this Section 2.3, and the Lenders that Borrower, to the first purchasers extent of its rights apart from this Agreement, shall be entitled to receive all proceeds of production deliver all Gross Proceeds directly from the relevant purchasers or parties accounting for proceeds from the sale of Production to the Gross Proceeds Account pursuant to such assignmentproduction. In connection with the rights of the Administrative Agent Lender to Gross Proceeds all proceeds of Productionproduction upon the occurrence and continuation of an Event of Default, the Borrower hereby grants the Administrative Agent Lender a power of attorney, which power is coupled with an interest and is irrevocable, to complete in all respects and deliver to the addressee the letter transfer orders executed in connection with the Security Documents. (d) The Lenders Documents upon the occurrence and the Borrower expressly acknowledge and agree that so long as no continuance of an Event of Default shall have occurred and be continuing, the Debt evidenced by the Notes shall be repaid as set forth above in this SECTION 2.3. Further, so long as no Event of Default shall have occurred and be continuing, all revenues not applied in repayment of the Debt evidenced by the Notes as set forth herein shall be transferred to the Borrower by the Administrative Agent by the second (2nd) Business Day of the succeeding calendar month. ________________________________________________________________________________ 15Default.

Repayment Provisions. All outstanding principal Debt evidenced by None Transfer Agent and Registrar: JPMorgan Chase Bank Closing Date and Location: May 5, 2004 Milbank, Tweed, Xxxxxx & XxXxxx LLP Xxx Xxxxx Xxxxxxxxx Xxxxx Xxx Xxxx, XX 00000 The Securities are to be offered to the Notes, accrued interest thereon public at the applicable rate herein provided Initial Public Offering Price specified below, and expenses due and payable hereunder shall be repayable: (a) to dealers at prices which represent concessions not in monthly installments each equal to ninety percent (90%) (or such lesser percentage as is necessary to repay in full such outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder) excess of the Net Proceeds Dealer Concession set forth below, and the Underwriters may allow and such dealers may reallow concessions not in excess of Production attributable to the Mortgaged Properties calculated for Reallowance Concession set forth below: Initial Public Offering Price: 99.862% of the calendar month in which proceeds are actually received, with such principal amount being applied first to any expenses due and payable under SECTION 9.3 hereof or otherwise due under of the Loan Documents, second to Securities plus accrued and unpaid interest, and thirdif any, the remainder to principalfrom May 5, the first of such installments commencing November 15, 2009, and continuing thereafter on the fifteenth (15th) day of each succeeding calendar month through and including the Maturity Date; and (b) all outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder, if not sooner paid, shall be repayable in full upon the Maturity Date. (c) Certain 2004 Dealer Concession: 0.40% of the Security Documents contain as additional Collateral an assignment unto and in favor principal amount of the Administrative Agent, as agent for the Lenders, of all oil, gas and other minerals produced and to be produced from or attributable to the Mortgaged Properties together with all Securities Reallowance Concession: 0.25% of the revenues and proceeds attributable to such production, and such Security Documents further provide that all such revenues and proceeds which may be so collected by the Administrative Agent pursuant to such assignment shall be applied to the payment principal amount of the Notes and the satisfaction of all other Debt to be secured by such Security Documents. It is the intention of the Borrower and the Lenders that the first purchasers of production deliver all Gross Proceeds of Production to the Gross Proceeds Account pursuant to such assignment. In connection with the rights of the Administrative Agent to Gross Proceeds of Production, the Borrower hereby grants the Administrative Agent a power of attorney, which power is coupled with an interest and is irrevocable, to complete in all respects and deliver to the addressee the letter transfer orders executed in connection with the Security Documents. (d) Securities The Lenders and the Borrower expressly parties hereto acknowledge and agree that so long as no Event the Underwriters' Information consists solely of Default shall have occurred the following information in any Preliminary Prospectus and be continuingthe Prospectus: the last sentence on the cover page regarding delivery of the securities, the third, fifth, sixth and tenth paragraphs of text under the caption "Underwriting" in the Prospectus Supplement and the third and fourth sentences in the seventh paragraph of text under the caption "Underwriting" in the Prospectus Supplement. All provisions contained in the document entitled Centex Corporation Underwriting Agreement Standard Provisions (Debt evidenced Securities) dated April 28, 2004, are herein incorporated by the Notes reference in their entirety and shall be repaid deemed to be a part of this Agreement to the same extent as if such provisions had been set forth in full herein, except that if any term defined in such document is otherwise defined herein, the definition set forth herein shall control. This Agreement may be signed in any number of counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument. Please confirm your agreement by having an authorized officer sign a copy of this Agreement as of the date first set forth above in this SECTION 2.3the space set forth below. FurtherVery truly yours, so long as no Event CITIGROUP GLOBAL MARKETS INC. Acting on behalf of Default shall have occurred itself and be continuingthe several Underwriters named herein X.X. XXXXXX SECURITIES INC. BANC OF AMERICA SECURITIES LLC CREDIT SUISSE FIRST BOSTON LLC By: Citigroup Global Markets Inc. By: /s/ Xxxxxxx Xxxxx ------------------------ Name: Xxxxxxx Xxxxx Title: Vice President CENTEX CORPORATION By: /s/ Xxxx X. Xxxx ---------------------- Name: Xxxx X. Xxxx Title: Vice President & Treasurer CENTEX CORPORATION UNDERWRITING AGREEMENT STANDARD PROVISIONS (DEBT SECURITIES) April 28, all revenues not applied in repayment 2004 From time to time, Centex Corporation, a Nevada corporation (the "Company"), may enter into one or more underwriting agreements that provide for the sale of designated securities to the Debt evidenced by the Notes as several underwriters named therein. The standard provisions hereof set forth herein shall may be transferred incorporated by reference in any such underwriting agreement (an "Underwriting Agreement"). The Underwriting Agreement, including the provisions hereof incorporated therein by reference, is herein sometimes referred to as this "Agreement". Terms defined in the Borrower by the Administrative Agent by the second (2nd) Business Day of the succeeding calendar month. ________________________________________________________________________________ 15Underwriting Agreement are used herein as therein defined.

Repayment Provisions. All outstanding principal Debt evidenced In addition to any interest payments to be made as indicated above, I will pay you the amount stated above as follows: / / ON DEMAND. On demand by the Notesyou. / / PAYMENTS TO BE MADE UNTIL DEMAND. On demand by you, accrued interest thereon at the applicable rate herein provided with payments of $_________ each to be made monthly unless and expenses due and payable hereunder until such demand is made. The first such payments shall be repayable: (a) in monthly installments each equal to ninety percent (90%) (or such lesser percentage as is necessary to repay in full such outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder) of the Net Proceeds of Production attributable to the Mortgaged Properties calculated for the calendar month in which proceeds are actually received, with such amount being applied first to any expenses due and payable under SECTION 9.3 hereof or otherwise due under the Loan Documents, second to accrued and unpaid interest, and third, the remainder to principal, the first of such installments commencing November 15, 2009, and continuing thereafter on the fifteenth __________ day of ___________, 19__ (15thif you have not made demand before then) and unless and until you make demand, each subsequent payment shall be due on the corresponding day of each succeeding calendar month through and including the Maturity Date; and (b) all outstanding Debt evidenced by the Notes, accrued interest thereon and expenses due and payable hereunder, if not sooner paid, shall be repayable in full upon the Maturity Date. (c) Certain of the Security Documents contain as additional Collateral an assignment unto and in favor of the Administrative Agent, as agent for the Lenders, of all oil, gas and other minerals produced and to be produced from or attributable to the Mortgaged Properties together with all of the revenues and proceeds attributable to such production, and such Security Documents further provide that all such revenues and proceeds which may be so collected by the Administrative Agent pursuant to such assignment shall be applied to the payment of the Notes and the satisfaction of all other Debt to be secured by such Security Documentsthereafter. It is the intention of the Borrower and the Lenders that the first purchasers of production deliver all Gross Proceeds of Production to the Gross Proceeds Account pursuant to such assignment. In connection with the rights of the Administrative Agent to Gross Proceeds of Production, the Borrower hereby grants the Administrative Agent a power of attorney, which power is coupled with an interest and is irrevocable, to complete in all respects and deliver to the addressee the letter transfer orders executed in connection with the Security Documents. (d) The Lenders and the Borrower expressly acknowledge and agree that so long as no Event of Default shall have occurred and be continuing, the Debt evidenced by the Notes shall be repaid as set forth above in this SECTION 2.3. Further, so long as no Event of Default shall have occurred and be continuing, all revenues not applied in repayment of the Debt evidenced by the Notes as set forth herein shall be transferred to the Borrower by the Administrative Agent by the second (2nd) Business Day of the succeeding calendar month/ / TIME. __________________ days after the date hereof on __________________, 19_____________________________________________ . /X/ INSTALLMENTS. In 36 consecutive monthly installments, of which each but the last shall be 1/36th of the principal amount outstanding on 11/1/99 and the final of which shall be equal to the then unpaid principal balance of this Notice plus all accrued and unpaid interest thereon. The first PREPAYMENT. I will be entitled to prepay this note as follows: LATE CHARGES. If the entire amount of any required principal and/or interest is not paid in full within ten (10) days after the same is due, the Borrower shall pay to the Bank a late fee equal to five percent (5%) of the required payment provided that such late fee shall be reduced to three percent (3%) of any required principal and interest payment that is not paid within fifteen (15) days of the date it is due if this Agreement is secured by a mortgage on an owner-occupied residence, 1-4 units. APPLICATION OF PAYMENTS. Any payments you receive from me will be applied first to any accrued and unpaid interest and then to the unpaid principal balance of this Note. If any payment under this Note becomes due and payable on the day upon which your office is legally closed to business, the due date shall be extended to the next succeeding business day and interest shall be payable during such extension at the rate stated above.