Exhibit (e)(5)
AGREEMENT REGARDING NAME
June 14, 2002
The Genesee Company
The Fortress Group, Inc.
0000 Xxxxxx Xxxxxxxxx
Xxxx 000
XxXxxx, XX 00000
Dear Sirs:
This Agreement is being entered into to induce Lennar Corporation and FG
Acquisition Corporation to enter into, and carry out the transactions
contemplated by, a Securities Purchase Agreement dated June 14, 2002 among FG
Acquisition Corporation, Lennar Corporation, Prometheus Home Builders LLC and
Xxxxxx Xxxxx ("Short") and a Plan and Agreement of Merger dated June 14, 2002
among The Fortress Group, Inc., Lennar Corporation and FG Acquisition
Corporation.
GCH, Inc. ("Custom"), which formerly was named Genesee Custom Homes, Inc.,
agrees to stop marketing homes, and not to market homes in the future, under
the name "Genesee Custom Homes" or any other name which includes the word
"Genesee" or a word which is confusingly similar to that.
This Agreement will not prevent Custom from completing and selling as Genesee
Custom Homes any homes which are under construction or unsold at the date of
this Agreement, or from building and selling as Genesee Custom Homes any homes
which are the subject of contracts which were entered into before the date of
this Agreement.
Short agrees not to market homes through any entity other than Custom using any
name under which Custom has agreed in this Agreement not to market homes.
Very truly yours,
GCH, INC. (formerly Genesee Custom Homes,
Inc.), a Colorado corporation
By: /s/ Xxxxxx X. Short
-----------------------
Xxxxxx Xxxxx, President
/s/ Xxxxxx X. Short
-----------------------
Xxxxxx Xxxxx
