0001188112-07-002986 Sample Contracts

WAIVER AND FIRST AMENDMENT
Credit Agreement • October 11th, 2007 • Beazer Homes Usa Inc • Operative builders • North Carolina

WAIVER AND FIRST AMENDMENT, dated as of October 10, 2007 (this “First Amendment”), to and under the Credit Agreement, dated as of July 25, 2007 (as heretofore amended, supplemented or otherwise modified, the “Credit Agreement”), among Beazer Homes USA, Inc., a Delaware corporation (the “Borrower”), the several lenders from time to time parties thereto (the “Lenders”) and Wachovia Bank, National Association, as agent (in such capacity, the “Agent”).

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