JUNIOR SUBORDINATED INDENTURE between COMSTOCK HOMEBUILDING COMPANIES, INC. and WELLSFARGO BANK, N.A., as Trustee Dated as of May 4,2006Junior Subordinated Indenture • August 9th, 2006 • Comstock Homebuilding Companies, Inc. • Operative builders • New York
This JUNIOR SUBORDINATED INDENTURE, dated as of May 4, 2006, is between Comstock Homebuilding Companies, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A., as Trustee (in such capacity, the “Trustee”).
STOCK PURCHASE AGREEMENT DATED AS OF MAY 1, 2006 BY AND AMONG COMSTOCK HOMEBUILDING COMPANIES, INC. CAPITOL HOMES, INC., AND EACH OF THE SELLING SHAREHOLDERS IDENTIFIED HEREINStock Purchase Agreement • August 9th, 2006 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
STOCK PURCHASE AGREEMENT (this “Agreement”) dated as of May 1, 2006, by and among COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Purchaser”), CAPITOL HOMES, INC., a North Carolina corporation (the “Company”), and each of the following individuals who are all of the shareholders of the Company on the date hereof, owning in the aggregate 100 shares (the “Shares”) of the Company’s common stock, without par value (the “Common Stock”), which Shares constitute all of the issued and outstanding capital stock of the Company: RICHARD WEALE, GLENN HARTMAN, and PABLO REITER (each a “Seller” and collectively, the “Sellers”).
CREDIT AGREEMENT among WACHOVIA BANK, NATIONAL ASSOCIATION (“Lender”) and COMSTOCK HOMEBUILDING COMPANIES, INC. (“Borrower”) joined in by CAPITOL HOMES INC. and COMSTOCK WESEL, L.L.C. (Collectively, “Guarantor”) FOR $40,000,000 SENIOR SECURED...Credit Agreement • August 9th, 2006 • Comstock Homebuilding Companies, Inc. • Operative builders • North Carolina
THIS CREDIT AGREEMENT (the “Agreement”) is dated as of , 2006, between Lender and Borrower joined into by Guarantor and to be joined into from time to time by each Future Guarantor.
NOTE PURCHASE AGREEMENT by and between COMSTOCK HOMEBUILDING COMPANIES, INC. and KODIAK WAREHOUSE LLC Dated as of May 4, 2006Note Purchase Agreement • August 9th, 2006 • Comstock Homebuilding Companies, Inc. • Operative builders • New York
This NOTE PURCHASE AGREEMENT, dated as of May 4, 2006 (this “Purchase Agreement”), is entered into by and between Comstock Homebuilding Companies, Inc., a Delaware corporation (the “Company”), and Kodiak Warehouse LLC, a Delaware limited liability company, or its assignee (the “Purchaser”).
