FIRST AMENDMENT TO OPERATING AGREEMENT OF KIMBALL HILL URBAN CENTERS, L.L.C.Operating Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This First Amendment to Operating Agreement of Kimball Hill Urban Centers, L.L.C. (“First Amendment”) is made as of July 1, 2006, by Kimball Hill, Inc. (“KHI”), which is the sole member of Kimball Hill Urban Centers, L.L.C. (the “Company”).
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF KIMBALL HILL HOMES HOUSTON, L.P.Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders • Texas
Kimball Hill Homes Houston Operations, L.L.C. (“KHH Houston Operations”), a Texas limited liability company, as general partner, and Kimball Hill Homes Houston Investments, L.L.C. (“KHH Houston Investments”), an Illinois limited liability company, as limited partner, entered into the certain Limited Partnership Agreement effective May 31, 2002, which thereafter was amended by the certain First Amendment dated as of July 15, 2002, the certain Second Amendment dated as of March 17, 2003, the certain Third Amendment dated as of January 27, 2004, the certain Fourth Amendment dated as of May 20, 2004, and the certain Fifth Amendment dated as of December 13, 2005.
SECOND AMENDMENT TO EDGEWATER LIMITED PARTNERSHIP AGREEMENTLimited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO EDGEWATER LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, LLC (“KHH Illinois”), an Illinois limited liability company.
SECOND AMENDMENT TO SONATA AT MORADA RANCH LIMITED PARTNERSHIP AGREEMENTSonata at Morada Ranch Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO SONATA AT MORADA RANCH LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES CALIFORNIA, INC. (“KHH California”), a California corporation.
THIRD AMENDMENT TO BRIDLE RIDGE LIMITED PARTNERSHIP AGREEMENTBridle Ridge Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO BRIDLE RIDGE LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES CALIFORNIA, INC. (“KHH California”), a California corporation.
SECOND AMENDMENT TO GABLES AT HIDDENBROOK LIMITED PARTNERSHIP AGREEMENTGables at Hiddenbrook Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO GABLES AT HIDDENBROOK LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES WASHINGTON, INC. (“KHH Washington”), a Washington corporation.
THIRD AMENDMENT TO INDIAN TRAILS LIMITED PARTNERSHIP AGREEMENTIndian Trails Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO INDIAN TRAILS LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES HOUSTON, L.P. (“KHH Houston”), a Texas limited partnership.
THIRD AMENDMENT TO KIMBALL MOUNTAIN FIRST LIMITED PARTNERSHIP AGREEMENTKimball Mountain First Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO KIMBALL MOUNTAIN FIRST LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES NEVADA, INC. (“KHH Nevada”), a Nevada corporation.
SECOND AMENDMENT TO WHISPERING MEADOW LIMITED PARTNERSHIP AGREEMENTWhispering Meadow Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO WHISPERING MEADOW LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, LLC (“KHH Illinois”), an Illinois limited liability company.
FIFTH AMENDMENT TO LEGEND LAKES LIMITED PARTNERSHIP AGREEMENTLegend Lakes Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This FIFTH AMENDMENT TO LEGEND LAKES LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, L.L.C. (“KHH Illinois”), an Illinois limited liability company.
THIRD AMENDMENT TO KIMBALL HILL HEATHERS/CAPAROLA LIMITED PARTNERSHIP AGREEMENTKimball Hill Heathers/Caparola Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO KIMBALL HILL HEATHERS/CAPAROLA LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES NEVADA, INC. (“KHH Nevada”), a Nevada corporation.
THIRD AMENDMENT TO RIVER OAKS REALTY LIMITED PARTNERSHIP AGREEMENTRiver Oaks Realty Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO RIVER OAKS REALTY LIMITED PARTNERSHIP AGREEMENT is made as of June 30, 2006, between KIMBALL HILL HOMES HOUSTON INVESTMENTS, L.L.C. (“Houston Investments”), an Illinois limited liability company, and KIMBALL HILL HOMES HOUSTON OPERATIONS, L.L.C. (“Houston Operations”), a Texas limited liability company.
THIRD AMENDMENT TO WINDMILL PARK LIMITED PARTNERSHIP AGREEMENTWindmill Park Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO WINDMILL PARK LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES CALIFORNIA, INC. (“KHH California”), a California corporation.
THIRD AMENDMENT TO HUNTINGTON CHASE LIMITED PARTNERSHIP AGREEMENTHuntington Chase Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO HUNTINGTON CHASE LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, LLC (“KHH Illinois”), an Illinois limited liability company.
FIRST SUPPLEMENTAL INDENTUREFirst Supplemental Indenture • December 21st, 2006 • Kimball Hill, Inc. • Operative builders • New York
This First Supplemental Indenture, dated as of June 15, 2006 (this “Supplemental Indenture”), among Kimball Hill Urban Centers Special Purposes, LLC (the “New Guarantor”), Kimball Hill, Inc. (together with its successors and assigns, the “Company”), each other existing Guarantor under the Indenture referred to below (the “Guarantors”), and U.S. Bank National Association, Trustee under the Indenture referred to below. Capitalized terms used and not defined herein shall have the same meanings given in the Indenture unless otherwise indicated.
SECOND AMENDMENT TO KIMBALL HILL MARBELLA ESTATES LIMITED PARTNERSHIP AGREEMENTKimball Hill Marbella Estates Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO KIMBALL HILL MARBELLA ESTATES LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES FLORIDA, INC. (“KHH Florida”), a Florida corporation.
FOURTH AMENDMENT TO ASTOR PLACE LIMITED PARTNERSHIP AGREEMENTAstor Place Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This FOURTH AMENDMENT TO ASTOR PLACE LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, L.L.C. (“KHH Illinois”), an Illinois limited liability company.
SECOND AMENDMENT TO KIMBALL HILL CALUSA PALMS PARTNERSHIP AGREEMENTKimball Hill Calusa Palms Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO KIMBALL HILL CALUSA PALMS LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES FLORIDA, INC. (“KHH Florida”), a Florida corporation.
FIFTH AMENDMENT TO WHITE OAK LIMITED PARTNERSHIP AGREEMENTWhite Oak Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This FIFTH AMENDMENT TO WHITE OAK LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, L.L.C. (“KHH Illinois”), an Illinois limited liability company.
FIRST MODIFICATION OF CREDIT AGREEMENTCredit Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
THIS FIRST MODIFICATION OF CREDIT AGREEMENT (this “Modification”) is made as of the 15th day of December, 2006, by and among: (a) KIMBALL HILL, INC., an Illinois corporation (the “Borrower”), (b) the Guarantors party to the Credit Agreement (as hereinafter defined), (c) the several financial institutions signatory hereto that are party to the Credit Agreement (the “Lenders”), and (d) HARRIS N.A., as Administrative Agent for itself and the Lenders (“Agent”).
SECOND AMENDMENT TO WATERFORD LIMITED PARTNERSHIP AGREEMENTWaterford Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO WATERFORD LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, LLC (“KHH Illinois”), an Illinois limited liability company.
THIRD AMENDMENT TO KIMBALL COVE LIMITED PARTNERSHIP AGREEMENTKimball Cove Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO KIMBALL COVE LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES TEXAS, INC. (“KHH Texas”), a Texas corporation.
FOURTH AMENDMENT TO BOLINGBROOK LIMITED PARTNERSHIP AGREEMENTBolingbrook Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This FOURTH AMENDMENT TO BOLINGBROOK LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, L.L.C. (“KHH Illinois”), an Illinois limited liability company.
SECOND AMENDMENT TO KIMBALL HILL CHADWICK FARMS PARTNERSHIP AGREEMENTKimball Hill Chadwick Farms Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This SECOND AMENDMENT TO KIMBALL HILL CHADWICK FARMS LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES DALLAS, L.P. (“KHH Dallas”), a Texas limited partnership.
FOURTH AMENDMENT TO THE GLEN TOWNHOMES LIMITED PARTNERSHIP AGREEMENTThe Glen Townhomes Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This FOURTH AMENDMENT TO THE GLEN TOWNHOMES LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES ILLINOIS, L.L.C. (“KHH Illinois”), an Illinois limited liability company.
THIRD AMENDMENT TO PARKVIEW LIMITED PARTNERSHIP AGREEMENTParkview Limited Partnership Agreement • December 21st, 2006 • Kimball Hill, Inc. • Operative builders
This THIRD AMENDMENT TO PARKVIEW LIMITED PARTNERSHIP AGREEMENT is made as of July 1, 2006, between KIMBALL HILL, INC. (“KHI”), an Illinois corporation, and KIMBALL HILL HOMES CALIFORNIA, INC. (“KHH California”), a California corporation.
