0001104659-06-045276 Sample Contracts

FIRST AMENDMENT AND COMMITMENT INCREASE AGREEMENT
Commitment Increase Agreement • July 5th, 2006 • Meritage Homes CORP • Operative builders

This First Amendment and Commitment Increase Agreement (this “First Amendment”) dated as of June 30, 2006, is entered into among Meritage Homes Corporation, a Maryland corporation (the “Borrower”), the lenders listed on the signature pages hereof as Lenders (the “Lenders”), BNP Paribas, in its capacity as a Lender (the “New Lender”), and Guaranty Bank, in its capacity as Administrative Agent and Swing Line Lender (the “Administrative Agent”). Capitalized terms used herein and not otherwise defined herein shall have the meanings attributed to them in the Credit Agreement (as defined below).

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