Century Communities, Inc. Sample Contracts
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • May 5th, 2014 • Century Communities, Inc. • Operative builders • New York
This Agreement is made pursuant to the Purchase/Placement Agreement (the “Purchase/Placement Agreement”), dated as of April 30, 2013, between the Company and FBR in connection with the purchase and sale or placement of an aggregate of 10,500,000 shares of Common Stock (plus an additional 1,575,000 shares of Common Stock to cover additional allotments, if any). In order to induce FBR to enter into the Purchase/Placement Agreement, the Company has agreed to provide the registration rights provided for in this Agreement to FBR, the Participants, and their respective direct and indirect transferees. The execution and delivery of this Agreement is a condition to the closing of the transactions contemplated by the Purchase/Placement Agreement.
Standard Contracts
DISTRIBUTION AGREEMENTDistribution Agreement • November 27th, 2019 • Century Communities, Inc. • Operative builders • New York
Century Communities, Inc., a Delaware corporation (the “Company”), confirms its agreement with each of J.P. Morgan Securities LLC, BofA Securities, Inc., Citigroup Global Markets Inc. and Fifth Third Securities, Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (each, an “Agent,” and collectively, the “Agents”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of Common Stock, par value $0.01 per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $100,000,000 (the “Maximum Amount”). Such shares are hereinafter collectively referred to as the “Shares” and are described in the Prospectus referred to below.
CENTURY COMMUNITIES, INC. Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • May 30th, 2014 • Century Communities, Inc. • Operative builders • New York
Century Communities, Inc., a Delaware corporation (the “Company”), and certain stockholders of the Company listed on Schedule I hereto (the “Selling Stockholders”), each confirms its agreement with each of the Underwriters listed on Schedule II hereto (collectively, the “Underwriters”), for whom FBR Capital Markets & Co. and J.P. Morgan Securities LLC are acting as representatives (in such capacity, each a “Representative” and collectively, the “Representatives”), with respect to (i) the sale by the Company and the Selling Stockholders, acting severally and not jointly, of an aggregate of [ ] shares (the “Initial Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”) in the respective numbers of shares set forth opposite the names of the Company and each Selling Stockholder in Schedule I hereto, and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of shares of Common Stock set forth opposite the names of the
CREDIT AGREEMENT DATED AS OF NOVEMBER 1, 2024 AMONG CENTURY COMMUNITIES, INC., AS BORROWER, THE LENDERS, U.S. BANK NATIONAL ASSOCIATION, AS ADMINISTRATIVE AGENT, BANK OF AMERICA, N.A., JPMORGAN CHASE BANK, N.A. AND BMO BANK N.A., AS CO-SYNDICATION...Credit Agreement • November 4th, 2024 • Century Communities, Inc. • Operative builders • New York
This Credit Agreement, dated as of November 1, 2024, is between Century Communities, Inc., a Delaware corporation (the “Borrower”), the Lenders and U.S. Bank National Association, a national banking association, as Administrative Agent. The parties hereto agree as follows:
Amended and Restated Employment AgreementEmployment Agreement • July 27th, 2023 • Century Communities, Inc. • Operative builders
This Amended and Restated Employment Agreement (the “Amended Agreement”) is made between Century Communities, Inc., a Delaware corporation (the “Company”), and Robert J. Francescon (the “Executive”), effective as of May 3, 2023 (“Effective Date”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • April 25th, 2024 • Century Communities, Inc. • Operative builders • Delaware
This DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENT (the “Agreement”), is made and entered into this ____ day of _____________, 20__ by and among Century Communities, Inc., a Delaware corporation (the “Company”), and the undersigned indemnitee (“Indemnitee”).
AIRCRAFT TIME SHARING AGREEMENTAircraft Time Sharing Agreement • January 2nd, 2018 • Century Communities, Inc. • Operative builders • Colorado
This Aircraft Time Sharing Agreement (the “Agreement”) is entered into as of January 2, 2018 (the “Effective Date”), by and between Century Communities, Inc., a Delaware limited liability company with a business address of 8390 E. Crescent Parkway, Suite 650, Greenwood Village, CO 80111 (“CCS”), and the individual Colorado resident who has signed below (“Time Share Lessee”).
Amended and Restated Employment AgreementEmployment Agreement • December 27th, 2024 • Century Communities, Inc. • Operative builders
This Amended and Restated Employment Agreement (the “Amended Agreement”) is made between Century Communities, Inc., a Delaware corporation (the “Company”), and Robert J. Francescon (the “Executive”), effective as of January 1, 2025 (“Effective Date”).
DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENTIndemnification Agreement • November 12th, 2013 • Century Communities, Inc. • Operative builders • Delaware
This DIRECTOR AND OFFICER INDEMNIFICATION AGREEMENT (the “Agreement”), is made and entered into this day of , 2013, by and among Century Communities, Inc., a Delaware corporation (the “Company”), and the undersigned indemnitee (“Indemnitee”).
SECOND MODIFICATION AGREEMENTModification Agreement • October 24th, 2024 • Century Communities, Inc. • Operative builders • Texas
This SECOND MODIFICATION AGREEMENT (this “Agreement”) is made to be effective as of July 19, 2024 (the “Effective Date”), by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, a Texas state bank, formerly known as TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
Amended and Restated Employment AgreementEmployment Agreement • May 17th, 2016 • Century Communities, Inc. • Operative builders • Colorado
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Amended Agreement”) is made between CENTURY COMMUNITIES, INC., a Delaware corporation (the “Company”) and ROBERT J. FRANCESCON (the “Executive”), effective as of May 11, 2016 (“Effective Date”).
Amendment to Amended and Restated Employment AgreementEmployment Agreement • February 5th, 2024 • Century Communities, Inc. • Operative builders • Colorado
This Amendment to amended and Restated Employment Agreement (the “Amendment”) is made between Century Communities, Inc., a Delaware corporation (the “Company”), and Dale Francescon (the “Executive”), effective as of May 3, 2023 (“Effective Date”).
CENTURY COMMUNITIES, INC., as Issuer THE GUARANTORS named herein, and U.S. BANK NATIONAL ASSOCIATION, as Trustee THIRD SUPPLEMENTAL INDENTURE Dated as of April 9, 2015 6.875% Senior Notes Due 2022Third Supplemental Indenture • April 10th, 2015 • Century Communities, Inc. • Operative builders • New York
This THIRD SUPPLEMENTAL INDENTURE, dated as of April 9, 2015 (this “Supplemental Indenture”), is entered into by and among CENTURY COMMUNITIES, INC., a Delaware corporation (the “Issuer”), the Guarantors and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”). Capitalized terms used herein without definition shall have the meanings assigned to them in the Indenture (as hereinafter defined).
REGISTRATION RIGHTS AGREEMENT by and among Century Communities, Inc., Each of the Guarantors Named Herein, and Dated as of January 26, 2017Registration Rights Agreement • January 26th, 2017 • Century Communities, Inc. • Operative builders • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of January 26, 2017, by and among Century Communities, Inc., a Delaware corporation (the “Company”), the entities listed on the signature page hereto as “Guarantors” (collectively, the “Guarantors”), and J.P. Morgan Securities LLC (the “Representative”), on behalf of the Initial Purchasers (the “Initial Purchasers”) named in Schedule A to the Purchase Agreement (as defined below), each of whom has agreed to purchase the Company’s 6.875% Senior Notes due 2022 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement. The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
Amendment No. 1 to Distribution Agreement (this “Amendment”)Distribution Agreement • August 3rd, 2021 • Century Communities, Inc. • Operative builders
CONSULTING AGREEMENTConsulting Agreement • April 25th, 2024 • Century Communities, Inc. • Operative builders
This consulting Agreement (this “Agreement”) is made to be effective as of March 23, 2024 (the “Effective Date”) by and between Century Communities, Inc., a Delaware corporation (“Century”), and David L. Messenger (“Consultant”).
SECOND AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • February 13th, 2019 • Century Communities, Inc. • Operative builders • New York
In consideration of the matters set forth in the recitals and the covenants and provisions herein set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
PURCHASE AGREEMENTPurchase Agreement • May 12th, 2017 • Century Communities, Inc. • Operative builders • New York
SUBLEASESublease • May 5th, 2014 • Century Communities, Inc. • Operative builders • Colorado
THIS SUBLEASE (“Sublease”), dated as of this 29 day of April, 2011, between Clifton Gunderson LLP, a Delaware limited liability partnership, having an office at 8390 East Crescent Parkway, Suite 600, Greenwood Village, Colorado 80111, (herein called “Sublandlord”), and Century Communities Colorado, LLC, a Colorado limited liability company, having an office at 4949 South Sycamore Street, #320, Denver, Colorado 80237 (herein called “Subtenant”).
CENTURY COMMUNITIES, INC., as Issuer THE GUARANTORS named herein, and U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of May 23, 2019 6.750% Senior Notes Due 2027Indenture • May 23rd, 2019 • Century Communities, Inc. • Operative builders • New York
INDENTURE dated as of May 23, 2019, among CENTURY COMMUNITIES, INC., a Delaware corporation, the Guarantors (as hereinafter defined) that from time to time become parties to this Indenture and U.S. BANK NATIONAL ASSOCIATION, as Trustee (the “Trustee”).
THIRD MODIFICATION AGREEMENTModification Agreement • August 24th, 2016 • Century Communities, Inc. • Operative builders • Texas
This THIRD MODIFICATION AGREEMENT (this “Agreement”) is made as of August 19, 2016, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
FIFTH SUPPLEMENTAL INDENTURESupplemental Indenture • November 9th, 2016 • Century Communities, Inc. • Operative builders • New York
FIFTH SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of November 8, 2016, among Century Communities, Inc., a Delaware corporation (the “Company”), those companies listed in the Schedule to this Supplemental Indenture (the “Guaranteeing Subsidiaries”), each a subsidiary of the Company, the other Guarantors (as defined in the Indenture referred to herein), and U.S. Bank National Association, as trustee under the Indenture (the “Trustee”).
SUPPLEMENTAL INDENTURESupplemental Indenture • March 6th, 2015 • Century Communities, Inc. • Operative builders • New York
SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of December 18 2014, among those companies listed in the Schedule to this Supplemental Indenture (the “Guaranteeing Subsidiaries”), each a subsidiary of Century Communities, Inc., a Delaware corporation (the “Company”), the Company, the other Guarantors (as defined in the Indenture referred to herein) and U.S. Bank National Association, as trustee under the Indenture referred to below (the “Trustee”).
CONTRACT FOR PURCHASE AND SALE OF VACANT LANDPurchase and Sale Agreement • November 12th, 2013 • Century Communities, Inc. • Operative builders • Colorado
THIS CONTRACT FOR PURCHASE AND SALE OF VACANT LAND (the “Contract”) is made and entered into as of March 1, 2013 by and between High Pointe, Inc., a Colorado corporation (“Seller”) and Century Communities Colorado, LLC, a Colorado Limited Liability Company and/or its subsidiaries and assigns (“Buyer”).
CENTURY COMMUNITIES, INC. CONFIDENTIALITY AND NON-SOLICITATION AGREEMENTConfidentiality and Non-Solicitation Agreement • January 30th, 2025 • Century Communities, Inc. • Operative builders
THIS CONFIDENTIALITY AND NON-SOLICITATION AGREEMENT (the “Agreement”) is made and entered into as of the date(s) indicated below by and between Century Communities, Inc., and (“Employee”).
AMENDED AND RESTATED LOAN AGREEMENT (Revolving Line of Credit with Construction Loan Facility, Lot Loan Facility, and Letter of Credit Facility) between CENTURY COMMUNITIES COLORADO, LLC, a Colorado limited liability company, BEACON POINTE, LLC, a...Loan Agreement • November 12th, 2013 • Century Communities, Inc. • Operative builders • Colorado
This AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”), dated as of March 22, 2012, is made and entered into between and among CENTURY COMMUNITIES COLORADO, LLC, a Colorado limited liability company, BEACON POINTE, LLC, a Colorado limited liability company, THE OVERLOOK AT TALLYN’S REACH, LLC, a Colorado limited liability company, THE WHEATLANDS, LLC, a Colorado limited liability company, RED ROCKS POINTE, LLC, a Colorado limited liability company, BELVEDERE AT RIDGEGATE, LLC, a Colorado limited liability company, ENCLAVE AT BOYD PONDS, LLC, a Colorado limited liability company, THE VISTAS AT NOR’WOOD, LLC, a Colorado limited liability company, BRADBURN VILLAGE HOMES, LLC, a Colorado limited liability company, BARRINGTON HEIGHTS, LLC, a Colorado limited liability company, THE VERANDA, LLC, a Colorado limited liability company, LINCOLN PARK AT RIDGEGATE, LLC, a Colorado limited liability company, CENTRAL PARK ROWHOMES, LLC, a Colorado limited liability company, SHOENBERG FARMS, LLC, a C
FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • October 20th, 2017 • Century Communities, Inc. • Operative builders • New York
FIRST SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), dated as of October 17, 2017, among Century Communities, Inc., a Delaware corporation (the “Company”), those companies listed in the Schedule to this Supplemental Indenture (the “Guaranteeing Subsidiaries”), each a subsidiary of the Company, the other Guarantors (as defined in the Indenture referred to herein), and U.S. Bank National Association, as trustee under the Indenture (the “Trustee”).
CENTURY COMMUNITIES, INC., as Issuer THE GUARANTORS named herein, and U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of August 23, 2021 3.875% Senior Notes Due 2029Indenture • August 23rd, 2021 • Century Communities, Inc. • Operative builders • New York
FIRST MODIFICATION AGREEMENTModification Agreement • August 4th, 2015 • Century Communities, Inc. • Operative builders • Texas
This FIRST MODIFICATION AGREEMENT (this “Agreement”) is made as of July 31, 2015, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), (ii) the undersigned Guarantors, (iii) the undersigned Lenders, and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
CONTRACT FOR PURCHASE AND SALE OF VACANT LANDPurchase and Sale Agreement • May 5th, 2014 • Century Communities, Inc. • Operative builders • Colorado
THIS CONTRACT FOR PURCHASE AND SALE OF VACANT LAND (the “Contract”) is made and entered into as of March 1, 2013 by and between Arcadia Holdings at Vista Ridge, LLC, a Colorado limited liability company (“Seller”) and Century Communities Colorado, LLC , a Colorado Limited Liability Company and/or its subsidiaries and assigns (“Buyer”).
REGISTRATION RIGHTS AGREEMENT by and among Century Communities, Inc., Each of the Guarantors Named Herein, and as Representative of the several Initial Purchasers Dated as of May 12, 2017Registration Rights Agreement • May 12th, 2017 • Century Communities, Inc. • Operative builders • New York
This Registration Rights Agreement (this “Agreement”) is made and entered into as of May 12, 2017, by and among Century Communities, Inc., a Delaware corporation (the “Company”), the entities listed on the signature page hereto as “Guarantors” (collectively, the “Guarantors”), and J.P. Morgan Securities LLC (the “Representative”), on behalf of the Initial Purchasers (the “Initial Purchasers”) named in Schedule A to the Purchase Agreement (as defined below), each of whom has agreed to purchase the Company’s 5.875% Senior Notes due 2025 (the “Initial Notes”) fully and unconditionally guaranteed by the Guarantors (the “Guarantees”) pursuant to the Purchase Agreement. The Initial Notes and the Guarantees attached thereto are herein collectively referred to as the “Initial Securities.”
AMENDED AND RESTATED CREDIT AGREEMENT among CENTURY COMMUNITIES, INC., as Borrower THE LENDERS FROM TIME TO TIME PARTY HERETO and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, as Administrative Agent and L/C Issuer TEXAS CAPITAL BANK, NATIONAL...Credit Agreement • June 8th, 2018 • Century Communities, Inc. • Operative builders • Texas
THIS AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of June 5, 2018, is among CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), the lenders from time to time party hereto (collectively, “Lenders” and individually, a “Lender”), and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent and L/C Issuer.
Purchase AgreementPurchase Agreement • August 5th, 2021 • Century Communities, Inc. • Operative builders • New York
The Securities (as defined below) will be issued pursuant to an indenture, dated as of the Closing Date (as defined in Section 2 hereof), among the Company, the Guarantors (as defined below), and U.S. Bank National Association, as trustee (the “Trustee”), relating to the issuance of the Securities, (the “Indenture”).
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • March 2nd, 2017 • Century Communities, Inc. • Operative builders • Texas
This COMMITMENT INCREASE AGREEMENT (this “Agreement”) is made as of February 24, 2017, by and among (i) CENTURY COMMUNITIES, INC., a Delaware corporation (“Borrower”), (ii) the undersigned Guarantors, (iii) FLAGSTAR BANK, FSB, a federally chartered savings bank (“Flagstar”), and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
CREDIT AGREEMENTCredit Agreement • February 13th, 2019 • Century Communities, Inc. • Operative builders • California
This Credit Agreement is entered into as of May 4, 2018, by and between Comerica Bank ("Bank") and Inspire Home Loans Inc., a Delaware corporation (singularly and collectively, if more than one party, "Borrower").
