0000950123-10-004120 Sample Contracts

JUNIOR SUBORDINATED INDENTURE between BEAZER HOMES USA, INC. and WILMINGTON TRUST COMPANY, as Trustee Dated as of January 15, 2010
Junior Subordinated Indenture • January 21st, 2010 • Beazer Homes Usa Inc • Operative builders • New York

JUNIOR SUBORDINATED INDENTURE, dated as of January 15, 2010, between BEAZER HOMES USA, INC., a Delaware (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).

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EXCHANGE AGREEMENT among BEAZER HOMES USA, INC. and TABERNA PREFERRED FUNDING V, LTD., TABERNA PREFERRED FUNDING VII, LTD., and TABERNA PREFERRED FUNDING VIII, LTD. Dated as of January 15, 2010
Exchange Agreement • January 21st, 2010 • Beazer Homes Usa Inc • Operative builders • New York

Pursuant to Section 3(b) of the Agreement, Cahill Gordon & Reindel LLP, counsel for the Company, shall deliver an opinion to the effect that:

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