BXG TIMESHARE TRUST I, as Issuer BLUEGREEN CORPORATION, as Servicer VACATION TRUST, INC., as Club Trustee CONCORD SERVICING CORPORATION, as Backup Servicer U.S. BANK NATIONAL ASSOCIATION, as Indenture Trustee, Paying Agent and Custodian and BRANCH...Indenture • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • New York
This SECOND AMENDED AND RESTATED INDENTURE, dated as of June 1, 2009 (this “Indenture”), is among BXG TIMESHARE TRUST I, a statutory trust formed under the laws of the State of Delaware, as issuer (the “Issuer”), BLUEGREEN CORPORATION (“Bluegreen”), a Massachusetts corporation, in its capacity as servicer (the “Servicer”), VACATION TRUST, INC., a Florida corporation, as trustee under the Club Trust Agreement (the “Club Trustee”), CONCORD SERVICING CORPORATION, an Arizona corporation, as backup servicer (the “Backup Servicer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as indenture trustee (the “Indenture Trustee”), paying agent (the “Paying Agent”) and as custodian (the “Custodian”) and BRANCH BANKING AND TRUST COMPANY, a North Carolina corporation, as agent of the Purchasers pursuant to the Note Funding Agreement (the “Agent”) and hereby amends and restates in its entirety that certain amended and restated indenture, dated as of March 1, 2008, as amended by Omnib
FOURTH MODIFICATION AGREEMENT (AD&C LOAN AGREEMENT) AND AMENDMENT TO PROJECT LOAN COMMITMENTSModification Agreement • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • Arizona
This Fourth Modification Agreement (AD&C Loan Agreement) and Amendment to Project Loan Commitments (this “Amendment”), dated as of July 1, 2009 (subject to the effectiveness hereof as provided in Paragraph 7 below, the “Effective Date”), is entered into by and among (i) BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation (“Bluegreen Vacations”), (ii) BLUEGREEN NEVADA, LLC, a Delaware limited liability company (“Bluegreen Nevada”) (collectively, “Borrower”), (iii) BLUEGREEN CORPORATION, a Massachusetts corporation (“Bluegreen”, and collectively with Borrower, the “Borrower Parties”), and (iv) GMAC COMMERCIAL FINANCE, LLC, a Delaware limited liability company (“Lender”), successor by merger to RFC Resort Funding, LLC, a Delaware limited liability company (“RFC Resort Funding”).
FOURTH AMENDMENT TO LOAN AGREEMENT AND OTHER LOAN DOCUMENTSLoan Agreement • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • Virginia
This Fourth Amendment to Loan Agreement and Other Loan Documents (this “Amendment”), dated as of July 1, 2009 (subject to the effectiveness hereof as provided in Paragraph 12 below, the “Effective Date”), is entered into by and among (i) BLUEGREEN CORPORATION OF T HE ROCKIES, a Delaware corporation (“Bluegreen of the Rockies”), (ii) BLUEGREEN GOLF CLUBS, INC., a Delaware corporation (“Bluegreen Golf”), (iii) BLUEGREEN PROPERTIES OF V IRGINIA , INC., a Delaware corporation (“Bluegreen Virginia”), (iv) BLUEGREEN SOUTHWEST ONE, L.P., a Delaware limited partnership (“Bluegreen Southwest”), (v) CATAWBA FALLS, LLC, a North Carolina limited liability company (“Catawba Falls”), (vi) BLUEGREEN COMMUNITIES OF TEXAS, L.P., a Delaware limited partnership (“Bluegreen Texas”), (vii) BLUEGREEN COMMUNITIES OF GEORGIA, LLC, a Georgia limited liability company (“Bluegreen Georgia”) (collectively, “Borrower”), (viii) BLUEGREEN CORPORATION, a Massachusetts corporation (“Bluegreen”, and collectively with B
AMENDMENT No. 2 to TRUST AGREEMENTTrust Agreement • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • Delaware
This Amendment No. 2 (this “Amendment”), dated as of June 1, 2009, is entered into by and among Bluegreen Timeshare Finance Corporation I (as “Depositor” and “Residual Interest Holder”), GSS Holdings, Inc. (as “Trust Owner”) and Wilmington Trust Company (as “Owner Trustee”, and together with the Depositor, the Residual Interest Owner and the Trust Owner, the “Trust Parties”) and relates to that certain Trust Agreement, dated as of May 5, 2006, by and among the Trust Parties (as amended by that certain Amendment No. 1, dated as of March 1, 2008, by and among the Trust Parties, the “Trust Agreement”).
SECOND AMENDED AND RESTATED NOTE FUNDING AGREEMENT Dated as of June 1, 2009 among BXG TIMESHARE TRUST I as Issuer, BLUEGREEN CORPORATION as Seller and Servicer, BLUEGREEN TIMESHARE FINANCE CORPORATION I as Depositor, THE PURCHASERS PARTIES HERETO, and...Note Funding Agreement • August 10th, 2009 • Bluegreen Corp • Real estate agents & managers (for others) • New York
This SECOND AMENDED AND RESTATED NOTE FUNDING AGREEMENT (this “Agreement”), dated as of June 1, 2009, by and among BXG TIMESHARE TRUST I, a Delaware statutory trust (the “Issuer”), BLUEGREEN CORPORATION, a Massachusetts corporation (“Bluegreen”), BLUEGREEN TIMESHARE FINANCE CORPORATION I, a Delaware corporation (the “Depositor”), the PURCHASERS from time to time parties hereto (collectively, the “Purchasers”) and BRANCH BANKING AND TRUST COMPANY (“BB&T”), a North Carolina corporation, as agent for the Purchasers (together with its successors in such capacity, the “Agent”) hereby amends and restates in its entirety that certain Amended and Restated Note Funding Agreement, dated as of March 1, 2008, as amended by Omnibus Amendment No. 2, dated as of May 22, 2009, by and among the parties hereto and the other parties named therein, and as further amended by Omnibus Amendment No. 3, dated as of June 25, 2009, by and among the parties hereto and the other parties named therein (the “Amended
