AMENDED AND RESTATED TRUST AGREEMENT among HOMEBANC CORP., as Depositor WELLS FARGO BANK, NATIONAL ASSOCIATION, as Property Trustee WELLS FARGO DELAWARE TRUST COMPANY, as Delaware Trustee and THE ADMINISTRATIVE TRUSTEES NAMED HEREIN as Administrative...Trust Agreement • June 30th, 2005 • Homebanc Corp • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 28, 2005, among (i) HomeBanc Corp., a Georgia corporation (including any successors or permitted assigns, the “Depositor”), (ii) Wells Fargo Bank, National Association, as property trustee (in such capacity, the “Property Trustee”), (iii) Wells Fargo Delaware Trust Company, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James Krakau and John Kubiak, each of whose address is c/o 2002 Summit Blvd., Suite 100, Atlanta, GA 30319 as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.
JUNIOR SUBORDINATED INDENTURE between HOMEBANC CORP. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as TrusteeJunior Subordinated Indenture • June 30th, 2005 • Homebanc Corp • Real estate investment trusts • New York
JUNIOR SUBORDINATED INDENTURE, dated as of June 28, 2005, between HomeBanc Corp. a Georgia corporation (the “Company”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking corporation, as Trustee (in such capacity, the “Trustee”).
PURCHASE AGREEMENT among HOMEBANC CORP. HMB CAPITAL TRUST I and BEAR, STEARNS & CO. INC. Dated as of June 24, 2005Purchase Agreement • June 30th, 2005 • Homebanc Corp • Real estate investment trusts • New York
6/05 AMENDMENT TO CREDIT AGREEMENT PreambleCredit Agreement • June 30th, 2005 • Homebanc Corp • Real estate investment trusts
This 6/05 Amendment to Credit Agreement dated as of June 24, 2005 (the “6/05 Amendment” or, within itself only, this “Amendment” amending (for the third time) the 6/04 Amended and Restated Senior Secured Credit Agreement (the “6/04 Credit Agreement” and as it may be supplemented, amended or restated, the “Current Credit Agreement” or, within itself, this “Agreement”), executed as of June 7, 2004, among:
