EXHIBIT 4.9 FLEETWOOD ENTERPRISES, INC.Indenture • December 10th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
JOINT FILING AGREEMENTJoint Filing Agreement • January 31st, 2003 • Fleetwood Enterprises Inc/De/ • Motor homes
AGREEMENT ---------Change in Control Agreement • July 30th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • California
July 6, 2005 Fleetwood Enterprises, Inc. 2150 West 18th Street Houston, Texas 77008 Re: Guaranty - Tangible Net Worth and Leverage Tests Ladies and Gentlemen: Reference is hereby made to the Guaranty, dated as of December 30, 2003, made by FLEETWOOD...Guaranty • July 13th, 2005 • Fleetwood Enterprises Inc/De/ • Motor homes
Exhibit 4.2 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement is made and entered into as of October 24, 2001 (this "AGREEMENT"), by and between Fleetwood Enterprises, Inc., a Delaware corporation (the "COMPANY"), and Acqua Wellington...Registration Rights Agreement • October 26th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
Exhibit 4.1 PURCHASE AGREEMENT This PURCHASE AGREEMENT (this "AGREEMENT"), dated as of October 24, 2001, is entered into by and between FLEETWOOD ENTERPRISES, INC., a Delaware corporation with offices at 3125 Myers Street, Riverside, CA 92503 (the...Purchase Agreement • October 26th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
EXHIBIT 10(a) EMPLOYMENT AGREEMENT This Employment Agreement (this "Agreement") is effective as of _________ __, 2001 (the "Effective Date"), and is entered into by and between , an individual ("Executive"), and [Fleetwood Enterprises, Inc.], a...Employment Agreement • July 30th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • California
CREDIT AGREEMENT Dated as of July 27, 2001Credit Agreement • July 30th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • California
Exhibit 4.8 PREFERRED SECURITIES GUARANTEE AGREEMENT FLEETWOOD ENTERPRISES, INC. Dated as of [_____________], 2002 PREFERRED SECURITIES GUARANTEE AGREEMENT This PREFERRED SECURITIES GUARANTEE AGREEMENT (the "Preferred Securities Guarantee"), dated as...Preferred Securities Guarantee Agreement • December 5th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
EXHIBIT 4.3 DECLARATION OF TRUST DECLARATION OF TRUST, dated as of June 7, 2001, between Fleetwood Enterprises, Inc., a Delaware corporation, as Sponsor (the "Sponsor"), The Bank of New York (Delaware), a Delaware banking corporation, not in its...Declaration of Trust • December 5th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes
WITNESSETHEmployment Agreement • July 6th, 2000 • Fleetwood Enterprises Inc/De/ • Mobile homes • Delaware
BACKGROUNDRights Agreement • May 30th, 2001 • Fleetwood Enterprises Inc/De/ • Mobile homes • Delaware
EXHIBIT 2.1 ------------------------------------------------------------------- ------------- ----------------------------------------------------------------- --------------- AGREEMENT AND PLAN OF MERGER DATED AS OF FEBRUARY 17, 1998 AMONG FLEETWOOD...Merger Agreement • April 9th, 1998 • Fleetwood Enterprises Inc/De/ • Motor homes • Delaware
EXHIBIT 10.2 INDEMNITY AGREEMENTIndemnification Agreement • April 9th, 1998 • Fleetwood Enterprises Inc/De/ • Motor homes • Delaware
RECITALS --------Operating Agreement • July 30th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • Nevada
AMENDMENT NUMBER FIVE to the Master Loan and Security Agreement Dated as of December 30, 2003 between HOMEONE FUNDING I and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC.Master Loan and Security Agreement • July 13th, 2005 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
February 10, 1998 PaineWebber Incorporated 1285 Avenue of the Americas New York, New York 10019 Ladies and Gentlemen: Fleetwood Capital Trust, a statutory business trust formed under the laws of the State of Delaware (the "Trust") by Fleetwood...Registration Rights Agreement • April 9th, 1998 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
AMENDMENT NUMBER ONE to the GUARANTY, dated as of December 30, 2003, made by FLEETWOOD ENTERPRISES, INC. in favor of GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., as party to the Master Loan and Security Agreement, dated as of December 30, 2003, between...Guaranty • March 16th, 2005 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
EXHIBIT 4.9 COMMON SECURITIES GUARANTEE AGREEMENT FLEETWOOD ENTERPRISES, INC. Dated as of [__________], 2002 COMMON SECURITIES GUARANTEE AGREEMENT This COMMON SECURITIES GUARANTEE AGREEMENT (the "Common Securities Guarantee"), dated as of...Common Securities Guarantee Agreement • December 5th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
IndentureIndenture • April 9th, 1998 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
andDealer Manager Agreement • December 5th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
RECITALSCredit Agreement and Security Agreement • December 5th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • California
FLEETWOOD ENTERPRISES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • May 18th, 2006 • Fleetwood Enterprises Inc/De/ • Motor homes • Delaware
This Indemnification Agreement (“Agreement”) is made as of ______________ by and between Fleetwood Enterprises, Inc., a Delaware corporation (the “Company”), and ________________ (“Indemnitee”).
THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 11th, 2007 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of January 5, 2007 (this “Agreement”), among the financial institutions from time to time parties hereto (such financial institutions, together with their respective successors and assigns, are referred to hereinafter each individually as a “Lender” and collectively as the “Lenders”); BANK OF AMERICA, N.A., with an office at 55 South Lake Avenue, Suite 900, Pasadena, California 91101, as the administrative agent for the Lenders (in its capacity as administrative agent, the “Agent”); FLEETWOOD ENTERPRISES, INC., a Delaware corporation (“Fleetwood”), as a Guarantor; FLEETWOOD HOLDINGS INC., a Delaware corporation (“Holdings”); and those Subsidiaries of Holdings set forth on the signature pages hereto or which become parties hereto hereafter in accordance with the requirements of this Agreement (each of Holdings and each such Subsidiary individually, a “Borrower” and, collectively, the “Borrowers”). Capitalized terms used in this
INTERCREDITOR AGREEMENT dated as of December 12, 2008 among FLEETWOOD ENTERPRISES, INC., the Obligors from time to time party hereto, BANK OF AMERICA, N.A., as Credit Agreement Agent under the Credit Agreement and Priority Lien Collateral Agent...Intercreditor Agreement • April 20th, 2009 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This Intercreditor Agreement (this “Agreement”) is dated as of December 12, 2008 and is by and among Fleetwood Enterprises, Inc., a Delaware corporation (“Fleetwood”), the other Obligors from time to time party hereto, Bank of America, N.A., as Credit Agreement Agent (as defined below), Deutsche Bank Trust Company Americas, as Trustee (as defined below), Bank of America, N.A., as Priority Lien Collateral Agent (in such capacity and together with its successors in such capacity, the “Priority Lien Collateral Agent”), and Deutsche Bank Trust Company Americas, as Collateral Agent (in such capacity and together with its successors in such capacity, the “Collateral Agent”).
CHANGE IN CONTROL AGREEMENTChange in Control Agreement • November 16th, 2007 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This AGREEMENT RE: CHANGE IN CONTROL (this “Agreement”) is dated as of October , 2007 and is entered into by and between (“Executive”) and Fleetwood Enterprises, Inc., a Delaware corporation (the “Company”).
EMPLOYMENT AGREEMENTEmployment Agreement • January 24th, 2007 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This Employment Agreement (this “Agreement”) is effective as of XXXXXX (the “Effective Date”), and is entered into by and between XXXXXX, an individual (“Executive”), and Fleetwood Enterprises, Inc., a Delaware corporation (the “Company”).
RECITALSIndemnification & Liability • July 30th, 2001 • Fleetwood Enterprises Inc/De/ • Motor homes • Delaware
EMPLOYMENT AGREEMENTEmployment Agreement • November 16th, 2007 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This Employment Agreement (this “Agreement”) is effective as of October , 2007 (the “Effective Date”), and is entered into by and between , an individual (“Executive”), and Fleetwood Enterprises, Inc., a Delaware corporation (the “Company”).
FLEETWOOD ENTERPRISES, INC. OFFICER INDEMNIFICATION AGREEMENTOfficer Indemnification Agreement • May 18th, 2006 • Fleetwood Enterprises Inc/De/ • Motor homes • Delaware
This Indemnification Agreement (“Agreement”) is made as of ________________ by and between Fleetwood Enterprises, Inc., a Delaware corporation (the “Company”), and ________________ (“Indemnitee”).
EMPLOYMENT AGREEMENTEmployment Agreement • September 5th, 2002 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This Employment Agreement (this "Agreement") is effective as of August 12, 2002 (the "Effective Date"), and is entered into by and between Edward B. Caudill, an individual ("Executive"), and Fleetwood Enterprises, Inc., a Delaware corporation (the "Company").
FLEETWOOD ENTERPRISES, INC. 7,000,000 Common Shares (par value $1.00 per share) PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • November 18th, 2005 • Fleetwood Enterprises Inc/De/ • Motor homes • New York
Pursuant to Section 4(c) of the Escrow Agreement dated as of November 18, 2005 (the “Escrow Agreement”) by and among Fleetwood Enterprises, Inc. (the “Company”), Lehman Brothers Inc. and JPMorgan Chase Bank, N.A., the Company hereby notifies you that the following subscription(s) have been rejected:
AMENDED AND RESTATED CREDIT AGREEMENT AND CONSENT OF GUARANTORSCredit Agreement • March 8th, 2005 • Fleetwood Enterprises Inc/De/ • Motor homes • California
This THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT AND CONSENT OF AGENT AND LENDERS (this “Amendment”) is dated as of March 2, 2005, and entered into by and among FLEETWOOD ENTERPRISES, INC. (“Fleetwood”), FLEETWOOD HOLDINGS INC. (“Holdings”) and its Subsidiaries listed on the signature pages hereof (collectively, “FMC”), FLEETWOOD RETAIL CORP. (“Retail”) and its Subsidiaries listed on the signature pages hereof (collectively, “FRC”), the banks and other financial institutions signatory hereto that are parties as Lenders to the Credit Agreement referred to below (the “Lenders”), and BANK OF AMERICA, N.A., as administrative agent and collateral agent (in such capacity, the “Agent”) for the Lenders.
GUARANTYGuaranty • September 24th, 2004 • Fleetwood Enterprises Inc/De/ • Motor homes • Minnesota
THIS GUARANTY, dated September 3, 2004, is made and given by FLEETWOOD ENTERPRISES, INC., a Delaware corporation (“Guarantor”), to RESIDENTIAL FUNDING CORPORATION, a Delaware corporation (“Lender”).
FLEETWOOD ENTERPRISES, INC. EDWARD B. CAUDILL STOCK OPTION PLAN AND AGREEMENTStock Option Agreement • December 9th, 2002 • Fleetwood Enterprises Inc/De/ • Motor homes • California
THIS STOCK OPTION PLAN AND AGREEMENT (this "Agreement") is made effective as of August 12, 2002 (the "Grant Date"), by and between FLEETWOOD ENTERPRISES, INC., a Delaware corporation (the "Company"), and Edward B. Caudill ("Optionee").
