0001019687-07-002080 Sample Contracts

LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT
Limited Waiver to Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Waiver”) dated as of June 21, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

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LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Waiver”) dated as of April 30, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

ADDENDUM NO. 5 TO AMENDED AND RESTATED GROUND LEASE
Ground Lease • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops

This ADDENDUM NO. 5 TO AMENDED AND RESTATED GROUND LEASE (this "Addendum") is made as of January 1, 2007, by and between THE IRVINE COMPANY LLC, a Delaware limited liability company ("Landlord"), and HINES NURSERIES, INC., a California corporation ("Tenant").

FIRST AMENDMENT TO LEASE
Lease • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops

THIS FIRST AMENDMENT TO LEASE (this “Amendment”) is dated as of October 2, 2006 by and between HINES NURSERIES, INC., a California corporation (“Tenant”), and QUANTUM VENTURES, LLC, a Florida limited liability company (“Landlord”).

LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Waiver”) dated as of June 28, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This AMENDMENT NO. 1 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) dated as of February __, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

SEVERANCE AND RELEASE AGREEMENT
Severance Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • Texas

This Severance and Release Agreement ("Agreement") is made by and between Hines Horticulture, Inc., a Delaware Corporation (“Employer”), and Lincoln Moehle, an individual (“Employee”).

AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT
Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This AMENDMENT NO. 2 TO LOAN AND SECURITY AGREEMENT (this “Amendment”) dated as of March 7, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT
Limited Waiver to Loan and Security Agreement • July 10th, 2007 • Hines Horticulture Inc • Agricultural production-crops • New York

This LIMITED WAIVER TO LOAN AND SECURITY AGREEMENT (this “Waiver”) dated as of May 29, 2007 is by and among Hines Nurseries, Inc., a California corporation, the parties hereto as lenders (each individually, a “Lender” and collectively, “Lenders” as hereinafter further defined) and Bank of America, N.A., in its capacity as agent for Lenders (in such capacity, “Agent”). Capitalized terms used and not otherwise defined herein shall have the meanings assigned to them in the Loan Agreement (defined below).

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