0001193125-04-137637 Sample Contracts

The “8/04 Swing Line Note”)
Credit Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

FOR VALUE RECEIVED, HOMEBANC CORP., a Georgia corporation, and its wholly-owned subsidiary, HOMEBANC MORTGAGE CORPORATION, a Delaware corporation (“Makers” or the “Companies”) jointly and severally to pay to the order of JPMORGAN CHASE BANK (“Payee”), a New York banking corporation, at its main Houston branch, 712 Main Street, Houston, Harris County, Texas 77002, or at such other place as the holder (the “Holder”, whether or not Payee is such holder) of this note may hereafter designate in writing, in immediately available funds and in lawful money of the United States of America, the principal sum of One Hundred Fifty-five Million Dollars ($155,000,000) (or the unpaid balance of all principal advanced against this note, if that amount is less), together with interest on the unpaid principal balance of this note from time to time outstanding until maturity at the applicable rate(s) provided for in the Credit Agreement (or at such lesser rate, if any, as Holder may in its sole discretio

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JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

JOINDER AND ASSUMPTION AGREEMENT for HOMEBANC CORP. and HOMEBANC MORTGAGE CORPORATION 6/04 AMENDED AND RESTATED SENIOR SECURED CREDIT AGREEMENT
Joinder and Assumption Agreement • August 11th, 2004 • Homebanc Corp • Real estate investment trusts • Texas

Reference is made to the 6/04 Senior Secured Credit Agreement dated as of June 7, 2004 (as it may be supplemented, amended or restated from time to time, the “Current Credit Agreement”), among HOMEBANC CORP. (“HC”), HOMEBANC MORTGAGE CORPORATION (“HMC” and together with HC, the “Companies”), JPMORGAN CHASE BANK and the other lenders party thereto (the “Lenders”) and JPMORGAN CHASE BANK, as agent and representative of the Lenders (the “Agent”). Terms defined in the Current Credit Agreement and used but not defined differently herein have the same meanings here as there.

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