SECOND AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENTVariable Funding Loan Agreement • March 1st, 2007 • Walter Industries Inc /New/ • General bldg contractors - residential bldgs • New York
SECOND AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENT (this “Loan Agreement”), dated as of June 15, 2006, by and among YC SUSI TRUST, a Delaware statutory trust (successor by assignment from Enterprise Funding Corporation, and together with its successors and assigns, a “Lender”), ATLANTIC ASSET SECURITIZATION LLC, a Delaware limited liability company (together with its successors and assigns, a “Lender”), MID-STATE TRUST IX, a Delaware business trust, as borrower (the “Borrower”), TREASURY BANK, A DIVISION OF COUNTRYWIDE BANK, N.A., as custodian (the “Custodian”), THE BANK OF NEW YORK, a New York banking institution, as trustee (the “Trustee”), BANK OF AMERICA, N.A., a national banking association, as agent and a managing agent (in such capacities, the “Agent” and a “Managing Agent” and as a bank investor (in such capacity, a “Bank Investor”) and CALYON NEW YORK BRANCH, a French bank acting through its New York branch, as a managing agent (in such capacity, a “Managing Agent” an
AMENDMENT NO. 1 TO AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENTFunding Loan Agreement • March 1st, 2007 • Walter Industries Inc /New/ • General bldg contractors - residential bldgs • New York
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENT, dated as of November 27, 2006 (this “Amendment”), is entered into by and among THREE PILLARS FUNDING, LLC, a Delaware limited liability company (together with its successors and assigns, the “Lender”), MID-STATE TRUST XIV, a Delaware statutory trust, as borrower (the “Borrower”), TREASURY BANK, a division of Countrywide Bank, N.A., a national banking association, as custodian (the “Custodian”), THE BANK OF NEW YORK, an New York banking corporation, as trustee (the “Trustee”) and SUNTRUST CAPITAL MARKETS, INC., a Tennessee corporation, as agent and administrative trustee (in such capacities, the “Agent” and “Administrative Trustee”), and SUNTRUST BANK, as a bank investor (in such capacity, the “Bank Investor”). Capitalized terms used and not otherwise defined herein are used as defined in the Agreement (as defined below and amended hereby).
AMENDMENT NO. 3 TO CREDIT AGREEMENTCredit Agreement • March 1st, 2007 • Walter Industries Inc /New/ • General bldg contractors - residential bldgs
This Amendment No. 3 to Credit Agreement (this “Agreement”) dated as of September 14th, 2006, is made by and among WALTER INDUSTRIES, INC., a Delaware corporation (the “Borrower”), BANK OF AMERICA, N.A., a national banking association organized and existing under the laws of the United States (“Bank of America”), in its capacity as administrative agent for the Lenders (as defined in the Credit Agreement (as defined below)) (in such capacity, the “Administrative Agent”), and each of the Lenders signatory hereto, and each of the Guarantors (as defined in the Credit Agreement) signatory hereto.
AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENT [THREE PILLARS]Funding Loan Agreement • March 1st, 2007 • Walter Industries Inc /New/ • General bldg contractors - residential bldgs • New York
AMENDED AND RESTATED VARIABLE FUNDING LOAN AGREEMENT (this “Loan Agreement”), dated as of June 15, 2006, by and among THREE PILLARS FUNDING LLC, a Delaware limited liability company (together with its successors and assigns, the “Lender”), MID-STATE TRUST XIV, a Delaware statutory trust, as borrower (the “Borrower”), TREASURY BANK, A DIVISION OF COUNTRYWIDE BANK, N.A., as custodian (the “Custodian”), THE BANK OF NEW YORK, a New York banking institution, as trustee (the “Trustee”) and SUNTRUST CAPITAL MARKETS, INC., a Tennessee corporation, as agent and administrative trustee (in such capacities, the “Agent” and “Administrative Trustee”), and SUNTRUST BANK, as a bank investor (in such capacity, a “Bank Investor”).
November 2, 2006 Mr. Charles E. Cauthen 1105 Valladolid de Avila Tampa, FL 33613 Dear Charles:Walter Industries Inc /New/ • March 1st, 2007 • General bldg contractors - residential bldgs
Confirming our recent discussions, we are pleased that you have accepted our position as Chief Financial Officer of the Homes Group (“the Company”) and President of Mid-State Homes, Inc. effective November 13, 2006. The following outlines the terms of your employment. This document supersedes all previous agreements you had with the Company or any of its affiliates and includes an updated Change in Control Agreement dated October, 2006. These documents will be final and binding on the date you sign.
