THIRD SUPPLEMENTAL INDENTURE (Senior Subordinated Debt Indenture)Third Supplemental Indenture • August 22nd, 2007 • Kb Home • Operative builders • New York
This THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”) is dated as of August 17, 2007 and executed by and between KB HOME, a Delaware corporation (the “Issuer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association duly organized and existing under the laws of the United States of America (successor in interest to SunTrust Bank), as trustee under the Indenture referred to below (the “Trustee”), each of the Existing Guarantors (as defined below) and KB HOME LONE STAR INC., a Texas corporation and an indirect wholly-owned subsidiary of the Issuer (the “Additional Guarantor”).
KB HOME, Company, THE EXISTING GUARANTORS PARTY HERETO, Guarantors, KB HOME LONE STAR INC., Additional Guarantor, and FIFTH SUPPLEMENTAL INDENTURE Dated as of August 17, 2007Supplemental Indenture • August 22nd, 2007 • Kb Home • Operative builders • New York
THIS FIFTH SUPPLEMENTAL INDENTURE (this “Fifth Supplemental Indenture”) is dated as of August 17, 2007 and executed by and between KB HOME, a Delaware corporation (the “Company”), the Existing Guarantors (as defined below), KB HOME LONE STAR INC., a Texas corporation and an indirect wholly-owned subsidiary of the Company (the “Additional Guarantor”), and U.S. Bank National Association, a national banking association duly organized and existing under the laws of the United States of America (successor in interest to SunTrust Bank), as Trustee (the “Trustee”).
THIRD AMENDMENT AGREEMENTThird Amendment Agreement • August 22nd, 2007 • Kb Home • Operative builders
If the Consolidated Interest Coverage Ratio at the end of any Fiscal Quarter included within the Reduction Period is less than 1.50 to 1.00 but greater than or equal to 1.25 to 1.00, Applicable Rates as of any date of determination during the Reduction Period shall mean the following percentages per annum, based upon the Applicable Pricing Level on that date, subject to the provisions of Articles II and III of the Loan Agreement:
