DISTRIBUTION AND MANAGEMENT AGREEMENT dated as of PERFORMANCE HOME BUYERS, LLC and SUMNER HARRINGTON LTD. Senior Secured Renewable NotesDistribution and Management Agreement • November 9th, 2005 • Performance Home Buyers LLC • Minnesota
THIS DISTRIBUTION AND MANAGEMENT AGREEMENT is entered into as of this day of , by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), and Sumner Harrington Ltd., a Minnesota corporation (the “Agent”).
INDENTURE Dated as of __________, 2005 By and Between PERFORMANCE HOME BUYERS, LLC, as obligor and THE HERRING BANK, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee Senior Secured Renewable NotesIndenture • November 9th, 2005 • Performance Home Buyers LLC • Minnesota
THIS INDENTURE is hereby entered into as of ___, 2005, by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), as obligor, and The Herring Bank, a banking corporation formed under the laws of the State of Texas with trust powers, as trustee (the “Trustee”).
PERFORMANCE HOME BUYERS, LLC SENIOR SECURED RENEWABLE NOTE SUBSCRIPTION AGREEMENTSenior Secured Renewable Note Subscription Agreement • November 9th, 2005 • Performance Home Buyers LLC
To purchase a senior secured renewable note(s), please complete this form and write a check made payable to PERFORMANCE HOME BUYERS, LLC (“PHB”). Send this form along with your check and any other documents requested below to the selling agent for the notes, SUMNER HARRINGTON LTD., 11100 WAYZATA BOULEVARD, SUITE 170, MINNEAPOLIS, MN 55305. If you have any questions, call the selling agent for the notes, SUMNER HARRINGTON LTD., at 800-234-5777.
AMENDED AND RESTATED MANAGEMENT AGREEMENT BETWEEN PERFORMANCE HOME BUYERS, LLC AND PERFORMANCE HOME BUYERS, INC.Management Agreement • November 9th, 2005 • Performance Home Buyers LLC
THIS AGREEMENT is hereby entered into as of October 31, 2005 by and between Performance Home Buyers, LLC, an Ohio limited liability company (the “Company”), and Performance Home Buyers, Inc., an Ohio corporation (the “Manager”).
Performance Home Buyers, LLC Amended and Restated Operating AgreementOperating Agreement • November 9th, 2005 • Performance Home Buyers LLC • Ohio
CROSS PURCHASE/REDEMPTION AGREEMENTCross Purchase/Redemption Agreement • November 9th, 2005 • Performance Home Buyers LLC • Ohio
THIS AGREEMENT is made and entered into this _15th___day of ___May___, 2005, by and between PETER E. JULIAN, E. RANDALL PORTER, MARK FITZGERALD and WAYNE HAWKINS (collectively, “Members”) and PERFORMANCE HOME BUYERS, LLC, an Ohio limited liability company, having its principal place of business in Ohio (“Company”).
LEASELease Agreement • November 9th, 2005 • Performance Home Buyers LLC
THIS LEASE AGREEMENT, made the 3rd day of NOVEMBER 2005 , by and between JEFFREY L. WHITESELL, WILLIAM A. WHITESELL, NANCY J. REINKE, JOYCE A. HOFFMAN and ABBY E. WHITESELL, partners doing business as OFFICETOWN EAST CO., hereinafter called Lessor, and:
