0000950148-08-000396 Sample Contracts

FIFTH AMENDMENT AGREEMENT
Fifth Amendment Agreement • August 29th, 2008 • Kb Home • Operative builders

Financial Subsidiaries and Foreign Subsidiaries) on a consolidated basis on that date exceed the sum of (i) Total Outstandings (excluding the aggregate undrawn face amount of outstanding Letters of Credit) and (ii) $15,000,000 and (Y) the amount, if any, by which all Cash and Cash Equivalents of Borrower and its Consolidated Subsidiaries (other than the Financial Subsidiaries and Foreign Subsidiaries) on a consolidated basis on that date other than Unrestricted Cash exceed $15,000,000.

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