Joint Filing Agreement Pursuant to Rule 13d-1(k)Ing Groep Nv • March 17th, 2005 • Life insurance
The undersigned persons (the “Reporting Persons”) hereby agree that a joint statement on this Schedule 13D, and any amendments thereto, be filed on their behalf by ING Groep N.V.
FORWARD SALE AGREEMENT ING Capital LLC 1325 Avenue of the Americas New York, New YorkForward Sale Agreement • March 17th, 2005 • Ing Groep Nv • Life insurance • New York
Subject to the terms and conditions set forth in this letter agreement (this “Agreement”), ING Capital LLC, acting as investment manager on behalf of ING Middenbank Curacao N.V. (collectively, the “Seller”), will sell, and Mercury Targeted Securities Fund LP (and/or certain affiliates thereof) (the “Purchaser”) will purchase, 300,000 shares (as adjusted pursuant to section 4 below) of the common stock (the “Shares”) of California Coastal Communities, Inc. (the “Company”), on any date (to be chosen by the Seller in its sole and absolute discretion) no earlier than (x) the Seller’s and the Purchaser’s receipt of the Company Consent (as defined in Section 3 below) and no later than (y) June 30, 2005 (such date, the “Trade Date”) for the Purchase Price (as defined below). The Seller shall notify the Purchaser in writing of the Trade Date no later than two (2) business days prior thereto.
