KB HOME (a Delaware corporation)Underwriting Agreement • January 27th, 2003 • Kb Home • Operative builders • New York
Contract Type FiledJanuary 27th, 2003 Company Industry JurisdictionKB Home, a Delaware corporation (the “Company”), confirms its agreement with UBS Warburg LLC and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters,” which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom UBS Warburg LLC, Banc One Capital Markets, Inc. and Credit Lyonnais Securities (USA) Inc. are acting as representatives (in such capacity, the “Representatives”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of $250,000,000 aggregate principal amount of the Company’s 7 3/4% Senior Subordinated Notes due 2010 (the “Securities”). The Securities are to be issued pursuant to an indenture dated as of November 19, 1996 (the “Indenture,” which term as used herein includes the instrument establishing the form and terms of the Securities) between the Company and SunTrust Bank (as successor to SunTrust Bank, Atlanta), as trustee (t