EXHIBIT 10.45 CREDIT AGREEMENT DATED AS OF OCTOBER 26, 2004Credit Agreement • November 3rd, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledNovember 3rd, 2004 Company Industry Jurisdiction
RECITALSEmployment Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
Contract Type FiledJanuary 28th, 1998 Company Industry Jurisdiction
EXHIBIT 10.5 MORTGAGE LOAN PURCHASE AND SALE AGREEMENTPurchase Agreement • August 13th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
Contract Type FiledAugust 13th, 2002 Company Industry Jurisdiction
EXHIBIT 2.2 AMENDMENT TO STOCK PURCHASE AGREEMENT This Amendment to Stock Purchase Agreement (the "Amendment") is entered into effective as of April 12, 2002 between Standard Pacific Corp., a Delaware corporation ("Buyer") and Newmark Homes Corp., a...Stock Purchase Agreement • April 29th, 2002 • Newmark Homes Corp • General bldg contractors - residential bldgs • New York
Contract Type FiledApril 29th, 2002 Company Industry Jurisdiction
SUPPLEMENTAL INDENTURESupplemental Indenture • May 15th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledMay 15th, 2003 Company Industry Jurisdiction
Common Stock ($0.01 Par Value)Underwriting Agreement • November 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledNovember 12th, 2003 Company Industry Jurisdiction
2- 3 by the Company in all respects, that all of such documents and instruments shall remain in full force and effect and are and shall remain enforceable against the Company in accordance with their terms and that all of such documents and...Loan Agreement • December 15th, 1997 • Newmark Homes Corp • Texas
Contract Type FiledDecember 15th, 1997 Company Jurisdiction
RECITALSIndemnification Agreement • February 10th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Delaware
Contract Type FiledFebruary 10th, 2004 Company Industry Jurisdiction
EXHIBIT 2.1 STOCK PURCHASE AGREEMENT DATED AS OF APRIL 6, 2002Stock Purchase Agreement • April 29th, 2002 • Newmark Homes Corp • General bldg contractors - residential bldgs • New York
Contract Type FiledApril 29th, 2002 Company Industry Jurisdiction
WITNESSETH:Purchase Agreement • August 13th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
Contract Type FiledAugust 13th, 2002 Company Industry Jurisdiction
EXHIBIT 4.3 TECHNICAL OLYMPIC USA, INC. 9% Senior Notes Due 2010 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledJuly 9th, 2002 Company Industry Jurisdiction
WITNESSETHRegistration Rights Agreement • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
Contract Type FiledJuly 9th, 2002 Company Industry Jurisdiction
EXHIBIT 4.2 TECHNICAL OLYMPIC USA, INC., as Issuer 10 3/8% SENIOR SUBORDINATED NOTES DUE 2012 INDENTURE Dated as of June 25, 2002 WELLS FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Trustee TABLE OF CONTENTSTechnical Olympic Usa Inc • July 9th, 2002 • General bldg contractors - residential bldgs • New York
Company FiledJuly 9th, 2002 Industry Jurisdiction
EXHIBIT 10.10 EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") is made this 12th day of July 2002, by and between Technical Olympic USA, Inc., a Delaware corporation (the "Employer") and Tommy L. McAden (the "Employee"). WHEREAS, the...Employment Agreement • August 13th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
Contract Type FiledAugust 13th, 2002 Company Industry Jurisdiction
1 EXHIBIT 10.16(b) PROMISSORY NOTE $30,000,000.00 Houston, Texas July 1, 1997 NEWMARK HOMES, L.P. (hereinafter called the "Borrower"), a Texas limited partnership with offices at 10435 Greenbough, Suite 101, Stafford, Texas 77477, for value received,...Newmark Homes Corp • December 15th, 1997
Company FiledDecember 15th, 1997
EXHIBIT 4.14 EXECUTION VERSION TECHNICAL OLYMPIC USA, INC. 9% Senior Notes Due 2010 REGISTRATION RIGHTS AGREEMENTTechnical Olympic Usa Inc • February 12th, 2003 • General bldg contractors - residential bldgs • New York
Company FiledFebruary 12th, 2003 Industry Jurisdiction
EXHIBIT 10.11 EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") is made as of January 1, 2003 (the "Effective Date"), by and between Technical Olympic USA, Inc., a Delaware corporation (the "Employer"), and Ioannis (Yannis) Delikanakis...Employment Agreement • February 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
Contract Type FiledFebruary 12th, 2003 Company Industry Jurisdiction
Page 2 3 (n) all plans, specifications, maps, surveys, reports, architectural, engineering and construction contracts, books of account, insurance policies and other documents, of whatever kind or character, relating to the use, construction upon,...Newmark Homes Corp • December 15th, 1997
Company FiledDecember 15th, 1997
EXHIBIT 1.1 TECHNICAL OLYMPIC USA, INC. $200,000,000 9% Senior Notes due 2010 $150,000,000 10 3/8% Senior Subordinated Notes due 2012 Purchase AgreementTechnical Olympic Usa Inc • July 9th, 2002 • General bldg contractors - residential bldgs • New York
Company FiledJuly 9th, 2002 Industry Jurisdiction
RECITALSManagement Services Agreement • June 26th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Delaware
Contract Type FiledJune 26th, 2003 Company Industry Jurisdiction
RECITALSEmployment Agreement • August 10th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
Contract Type FiledAugust 10th, 2000 Company Industry Jurisdiction
ARTICLE I DEFINITIONSNewmark Homes Corp • December 15th, 1997 • Texas
Company FiledDecember 15th, 1997 Jurisdiction
AMONGCredit Agreement • May 15th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledMay 15th, 2003 Company Industry Jurisdiction
BACKGROUNDEmployment Agreement • February 10th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
Contract Type FiledFebruary 10th, 2004 Company Industry Jurisdiction
RECITALS:Employment Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
Contract Type FiledJanuary 28th, 1998 Company Industry Jurisdiction
RECITALS:Non-Competition Agreement • March 28th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
Contract Type FiledMarch 28th, 2000 Company Industry Jurisdiction
ARTICLE I INDEBTEDNESSNewmark Homes Corp • December 15th, 1997
Company FiledDecember 15th, 1997
NEWMARK HOMES CORP., A DELAWARE CORPORATION, AND NEWMARK HOMES CORP., A NEVADA CORPORATIONAgreement and Plan of Merger • March 27th, 2001 • Newmark Homes Corp • General bldg contractors - residential bldgs
Contract Type FiledMarch 27th, 2001 Company Industry
AGREEMENTEmployment Agreement • August 10th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
Contract Type FiledAugust 10th, 2004 Company Industry Jurisdiction
GUARANTYGuaranty • February 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
Contract Type FiledFebruary 12th, 2003 Company Industry Jurisdiction
2- 3 5. Section 1.3 of the Loan Agreement is deleted in its entirety, and the following is substituted in its place:Loan Agreement • December 15th, 1997 • Newmark Homes Corp • Texas
Contract Type FiledDecember 15th, 1997 Company Jurisdiction
WITNESSETHModification Agreement • December 15th, 1997 • Newmark Homes Corp • Texas
Contract Type FiledDecember 15th, 1997 Company Jurisdiction
RECITALS:Employment Agreement • March 28th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
Contract Type FiledMarch 28th, 2000 Company Industry Jurisdiction
BACKGROUNDEmployment Agreement • May 11th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
Contract Type FiledMay 11th, 2004 Company Industry Jurisdiction
AND BANK OF AMERICA, N.A., AS ADMINISTRATIVE AGENT, SWING LINE LENDER AND LETTER OF CREDIT ISSUING LENDER ANDCredit Agreement • August 10th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs
Contract Type FiledAugust 10th, 2000 Company Industry