K. HOVNANIAN ENTERPRISES, INC., as Issuer HOVNANIAN ENTERPRISES, INC. and the other Guarantors party hereto and WILMINGTON TRUST COMPANY, as Trustee Indenture Dated as of October 20, 2009 105/8% Senior Secured Notes Due 2016Indenture • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
INDENTURE, dated as of October 20, 2009, among K. HOVNANIAN ENTERPRISES, INC., a California corporation (the “Issuer”), HOVNANIAN ENTERPRISES, INC., a Delaware corporation (the “Company”), each of the other Guarantors (as defined hereafter) and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (the “Trustee”).
FORM OF INTELLECTUAL PROPERTY SECURITY AGREEMENTIntellectual Property Security Agreement • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
This Intellectual Property Security Agreement (the “Agreement”), dated as of October 20, 2009 is made by , a (“the Grantor”) in favor of Wilmington Trust Company, as Collateral Agent (in such capacity, the “Agent”) for the benefit of itself, the Trustee (as defined below) and the Noteholders (as defined below).
FIRST LIEN SECURITY AGREEMENT made by K. HOVNANIAN ENTERPRISES, INC., HOVNANIAN ENTERPRISES, INC. and certain of their respective Subsidiaries in favor of WILMINGTON TRUST COMPANY as Collateral Agent Dated as of October 20, 2009First Lien Security Agreement • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
THIS FIRST LIEN SECURITY AGREEMENT (the “Agreement”), dated as of October 20, 2009, is made by K. Hovnanian Enterprises, Inc., a California corporation (the “Issuer”), Hovnanian Enterprises, Inc., a Delaware corporation (“Hovnanian”) and each of the signatories listed on Schedule A hereto (together with any other entity that may become a party hereto as provided herein, the “Grantors”), in favor of Wilmington Trust Company, as Collateral Agent (in such capacity, the “Agent”) for the benefit of itself, the Trustee (as defined below) and the Noteholders (as defined below).
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
THIS FIRST AMENDMENT, dated as of October 20, 2009 (the “First Amendment”) to the Intercreditor Agreement (as defined below), is entered into by and among HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), K. HOVNANIAN ENTERPRISES, INC. (the “Company”), each of the entities listed on Schedule 1 hereto (each a “Guarantor”), Wilmington Trust Company, as trustee under the First Lien Indenture (as defined below ) (in such capacity, together with its successors and assigns, the “First Lien Trustee”) and collateral agent under the security documents relating to the First Lien Indenture (in such collateral agent capacity, together with its successors and assigns, the “First Lien Collateral Agent”), Wilmington Trust Company, as successor to Deutsche Bank National Trust Company as Trustee under the Indenture (in such capacity, together with its successors and assigns, the “Noteholder Trustee”) and as collateral agent under the Noteholder Collateral Documents (in such collateral agent capacity, together
FIRST LIEN PLEDGE AGREEMENTFirst Lien Pledge Agreement • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
THIS FIRST LIEN PLEDGE AGREEMENT, dated as of October 20, 2009 (as restated, amended, modified or supplemented from time to time, the “Agreement”), is given by K. HOVNANIAN ENTERPRISES, INC., a California corporation (the “Issuer”), HOVNANIAN ENTERPRISES, INC., a Delaware corporation (“Hovnanian”), EACH OF THE UNDERSIGNED PARTIES LISTED ON SCHEDULE A HERETO AND EACH OF THE OTHER PERSONS AND ENTITIES THAT BECOME BOUND HEREBY FROM TIME TO TIME BY JOINDER, ASSUMPTION OR OTHERWISE (together with the Issuer and Hovnanian, each a “Pledgor” and collectively the “Pledgors”), as a Pledgor of the equity interests in the Companies (as defined herein), as more fully set forth herein, to WILMINGTON TRUST COMPANY, in its capacity as collateral agent, for the benefit of itself, the Trustee (as defined below) and the Noteholders (as defined below) (the “Collateral Agent”).
FIRST AMENDMENT TO INTERCREDITOR AGREEMENTIntercreditor Agreement • October 26th, 2009 • Hovnanian Enterprises Inc • Operative builders • New York
THIS FIRST AMENDMENT, dated as of October 20, 2009 (the “First Amendment”) to the Intercreditor Agreement (as defined below), is entered into by and among HOVNANIAN ENTERPRISES, INC. (“Hovnanian”), K. HOVNANIAN ENTERPRISES, INC. (the “Company”), each of the entities listed on Schedule 1 hereto (each a “Guarantor”), Wilmington Trust Company, as successor trustee under the First Lien Indenture (as defined below) (in such capacity, together with its successors and assigns, the “First Lien Trustee”) and collateral agent under the security documents relating to the First Lien Indenture (in such collateral agent capacity, together with its successors and assigns, the “First Lien Collateral Agent”), Wilmington Trust Company, as collateral agent under the Senior Noteholder Collateral Documents (the “Senior Noteholder Collateral Agent”), Wilmington Trust Company, as the Senior Trustee, Wilmington Trust Company, as the Initial Junior Trustee, Wilmington Trust Company, as the collateral agent for
