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
RECITALSEmployment Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
ARTICLE I.Credit Agreement • February 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
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 AgreementPurchase Agreement • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
RECITALSStock Purchase Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
Common Stock ($0.01 Par Value)Underwriting Agreement • November 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
WITNESSETH:Purchase Agreement • August 13th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
FIRST AMENDMENT AND MODIFICATION TO LOAN AGREEMENTLoan Agreement • December 15th, 1997 • Newmark Homes Corp
RECITALSIndemnification Agreement • February 10th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Delaware
GUARANTYGuaranty • February 12th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
EXHIBIT 4.4 TECHNICAL OLYMPIC USA, INC. 10 3/8% Senior Notes Due 2012 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
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
EXHIBIT 4.20 TECHNICAL OLYMPIC USA, INC. 10 3/8% Senior Subordinated Notes Due 2012 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 26th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
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
RECITALSEmployment Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
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
WITNESSETHRegistration Rights Agreement • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Texas
RECITALSManagement Services Agreement • June 26th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Delaware
COMMON STOCK (PAR VALUE $.01 PER SHARE)Underwriting Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
WITNESSETHModification Agreement • December 15th, 1997 • Newmark Homes Corp • Texas
BACKGROUNDEmployment Agreement • February 10th, 2004 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • Florida
AMONGCredit Agreement • May 15th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
RECITALSStock Purchase Agreement • March 28th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs
BACKGROUNDEmployment Agreement • June 3rd, 2002 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
RECITALS:Non-Competition Agreement • March 28th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
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 CONTENTSIndenture • July 9th, 2002 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs • New York
RECITALS:Employment Agreement • January 28th, 1998 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
RECITALSEmployment Agreement • August 10th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Texas
1- 2 "Line of Credit Note" shall mean the promissory note of the Borrower described in Section 2.1 of the Loan Agreement, as amended, and being in the amount of $20,000,000.00 in substantially the form of the note attached as Exhibit "A" to the Second...Loan Agreement • December 15th, 1997 • Newmark Homes Corp
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
RECITALS:Employment Agreement • March 28th, 2000 • Newmark Homes Corp • General bldg contractors - residential bldgs • Florida
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,...Promissory Note • December 15th, 1997 • Newmark Homes Corp
NEWMARK HOMES CORP., A DELAWARE CORPORATION, AND NEWMARK HOMES CORP., A NEVADA CORPORATIONMerger Agreement • March 27th, 2001 • Newmark Homes Corp • General bldg contractors - residential bldgs
April 22, 2003 Citicorp North America, Inc. as Administrative Agent 390 Greenwich Street New York, New York 10013 The Lenders signatory to the Credit Agreement referred to below $305,000,000 AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT Ladies and...Revolving Credit Agreement • May 15th, 2003 • Technical Olympic Usa Inc • General bldg contractors - residential bldgs
This letter shall serve as notice that, pursuant to the requirements of SECTION 2.19 (FACILITY INCREASE) of the Credit Agreement, the undersigned hereby requests an increase in the aggregate Revolving Credit Commitments by $10,000,000 (the "FACILITY INCREASE"). The Facility Increase is being offered to all existing Lenders, but we understand that Washington Mutual Bank, FA has agreed to participate in the Facility Increase for the full $10,000,000 should none of the other existing Lenders wish to participate.
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
