REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 31, 2007, by and among TOUSA, Inc., a Delaware corporation (the “Company”) and the undersigned Lenders.
SECOND LIEN TERM LOAN CREDIT AGREEMENT Among TOUSA, Inc. (f/k/a Technical Olympic, Inc.) and the other Entities Party Hereto From Time to Time, as Borrowers, and The Lenders Party Hereto and Citicorp North America, Inc., as Administrative Agent,...Second Lien Term Loan Credit Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
SECOND LIEN TERM LOAN CREDIT AGREEMENT, dated as of July 31, 2007, among TOUSA, INC. (f/k/a Technical Olympic, Inc.), a Delaware corporation (the “Administrative Borrower”), each subsidiary of the Administrative Borrower listed on the signature pages hereof as a “Subsidiary Borrower” and any other subsidiary of the Administrative Borrower which hereafter becomes a Subsidiary Borrower pursuant to the terms hereof (each, a “Subsidiary Borrower” and collectively, the “Subsidiary Borrowers”; together with the Administrative Borrower, each a “Borrower” and collectively, the “Borrowers”), the Lenders (as defined below) and CITICORP NORTH AMERICA, INC. (“CNAI”), as agent for the Lenders (in such capacity and including any successor or permitted assign, the “Administrative Agent”).
SETTLEMENT AND RELEASE AGREEMENT (SENIOR MEZZANINE)Settlement Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
This SETTLEMENT AND RELEASE AGREEMENT (the “Settlement Agreement”) is made and entered into as of June 29, 2007, by and among: (i) Technical Olympic S.A. (“Technical Olympic”); (ii) TOUSA, Inc. f/k/a Technical Olympic USA, Inc. (“TOUSA”); (iii) TOUSA, LLC; (iv) TOI, LLC.; (v) TOUSA Homes, L.P. (“TOUSA Homes,” and collectively with TOUSA, TOUSA, LLC and TOI, LLC, the “TOUSA Entities”); (vi) TE/TOUSA, LLC (“TE/TOUSA”); (vii) TE/TOUSA Mezzanine Two, LLC (“TE/TOUSA Mezz Two”); (viii) TE/TOUSA Mezzanine, LLC (“TE/TOUSA Mezz”); (ix) TE/TOUSA Senior, LLC (“TE/TOUSA Senior”); (x) EH/Transeastern, LLC (“EHT,” and collectively with TE/TOUSA, TE/TOUSA Mezz Two, TE/TOUSA Mezz and TE/TOUSA Senior, the “Transeastern JV Entities”); and (xi) the lenders party to that certain $137,500,000 Senior Mezzanine Credit Agreement (such agreement together with all amendments, modifications, renewals thereof and all documents, ancillary or otherwise, entered into in connection therewith are collectively referred
SETTLEMENT AND RELEASE AGREEMENT (JUNIOR MEZZANINE)Settlement Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
This SETTLEMENT AND RELEASE AGREEMENT (the “Settlement Agreement”) is made and entered into as of June 29, 2007, by and among: (i) Technical Olympic S.A. (“Technical Olympic”); (ii) TOUSA, Inc. f/k/a Technical Olympic USA, Inc. (“TOUSA”); (iii) TOUSA, LLC; (iv) TOI, LLC; (v) TOUSA Homes, L.P. (“TOUSA Homes,” and collectively with TOUSA, TOUSA, LLC and TOI, LLC, the “TOUSA Entities”); (vi) TE/TOUSA, LLC (“TE/TOUSA”); (vii) TE/TOUSA Mezzanine Two, LLC (“TE/TOUSA Mezz Two”); (viii) TE/TOUSA Mezzanine, LLC (“TE/TOUSA Mezz”); (ix) TE/TOUSA Senior, LLC (“TE/TOUSA Senior”); (x) EH/Transeastern, LLC (“EHT,” and collectively with TE/TOUSA, TE/TOUSA Mezz Two, TE/TOUSA Mezz and TE/TOUSA Senior, the “Transeastern JV Entities”); and (xi) the lenders party to that certain $87,500,000 Junior Mezzanine Credit Agreement (such agreement together with all amendments, modifications, renewals thereof and all documents, ancillary or otherwise, entered into in connection therewith are collectively referred t
SETTLEMENT AND RELEASE AGREEMENTSettlement Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
This SETTLEMENT AND RELEASE AGREEMENT (the “Settlement Agreement”) is made and entered into as of May 30, 2007, by and among: (i) TOUSA, Inc., f/k/a Technical Olympic USA, Inc. (“TOUSA”); (ii) TOUSA LLC; (iii) TOUSA Homes, L.P. (“TOUSA Homes”); (iv) TOI, LLC (“TOI” and collectively with TOUSA, TOUSA LLC, and TOUSA Homes, the “TOUSA Entities”); (v) TE/TOUSA, LLC (“TE/TOUSA”); (vi) TE/TOUSA Mezzanine Two, LLC (“TE/TOUSA Mezz Two”); (vii) TE/TOUSA Mezzanine, LLC (“TE/TOUSA Mezz”); (viii) TE/TOUSA Senior, LLC (“TE/TOUSA Senior”); (ix) EH/Transeastern, LLC (“EHT”, and collectively with TE/TOUSA, TE/TOUSA Mezz Two, TE/TOUSA Mezz, and TE/TOUSA Senior, the “Transeastern JV Entities”); (x) Falcone/TEP Holdings, LLC, f/k/a Falcone/Ritchie LLC (“Falcone/Ritchie”); (xi) TEP Holdings, Inc., f/k/a Transeastern Properties, Inc. (“Transeastern Properties”); (xii) Arthur J. Falcone; (xiii) Edward W. Falcone; and (xiv) those certain entities identified and listed on Schedule 1, attached hereto and incor
AMENDMENT AGREEMENTAmendment Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
SECOND AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT, dated as of July 31, 2007, among TOUSA, INC. (f/k/a Technical Olympic, Inc.), a Delaware corporation (the “Administrative Borrower”), each subsidiary of the Administrative Borrower listed on the signature pages hereof as a “Subsidiary Borrower” and any other subsidiary of the Administrative Borrower which hereafter becomes a Subsidiary Borrower pursuant to the terms hereof (each, a “Subsidiary Borrower” and collectively, the “Subsidiary Borrowers”; together with the Administrative Borrower, each a “Borrower” and collectively, the “Borrowers”), the Lenders (as defined below), the Issuers (as defined below) and CITICORP NORTH AMERICA, INC. (“CNAI”), as agent for the Lenders and the Issuers (in such capacity and including any successor or permitted assign, the “Administrative Agent”).
MUTUAL RELEASE AND CONSENT AGREEMENTMutual Release and Consent Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
This Mutual Release and Consent Agreement (the “Agreement”) is made and entered into as of July 31, 2007, by and among (i) EH/Transeastern, LLC (the “Operating Company”) and TE/TOUSA Senior, LLC (“TOUSA Senior”) as borrowers under the Senior Credit Agreement referred to below (“TOUSA Senior”, and together with the Operating Company, the “Borrowers”), (ii) TOUSA, Inc. f/k/a Technical Olympic USA, Inc. (“TOUSA”), TOUSA Homes, L.P., TE/TOUSA, LLC, TE/TOUSA Mezzanine Two, LLC and TE/TOUSA Mezzanine, LLC as transaction parties under said Senior Credit Agreement (together with the Borrowers, the “Transaction Parties”), (iii) the lender (the “Lender”) whose signature is provided below, one of the lenders party to the Senior Credit Agreement (as defined below) and (iv) The CIT Group/Business Credit, Inc., as administrative agent under such Senior Credit Agreement (in such capacity, the “Administrative Agent”). The Transaction Parties, the Lender and the Administrative Agent are each referred t
FIRST LIEN TERM LOAN CREDIT AGREEMENT Among TOUSA, Inc. (f/k/a Technical Olympic, Inc.) and the other Entities Party Hereto From Time to Time, as Borrowers, and The Lenders Party Hereto and Citicorp North America, Inc., as Administrative Agent,...Term Loan Credit Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
FIRST LIEN TERM LOAN CREDIT AGREEMENT, dated as of July 31, 2007, among TOUSA, INC. (f/k/a Technical Olympic, Inc.), a Delaware corporation (the “Administrative Borrower”), each subsidiary of the Administrative Borrower listed on the signature pages hereof as a “Subsidiary Borrower” and any other subsidiary of the Administrative Borrower which hereafter becomes a Subsidiary Borrower pursuant to the terms hereof (each, a “Subsidiary Borrower” and collectively, the “Subsidiary Borrowers”; together with the Administrative Borrower, each a “Borrower” and collectively, the “Borrowers”), the Lenders (as defined below) and CITICORP NORTH AMERICA, INC. (“CNAI”), as agent for the Lenders (in such capacity and including any successor or permitted assign, the “Administrative Agent”).
