AMENDED AND RESTATED SECURITY AGREEMENT Dated as of December 29, 2006 among DOMINION HOMES, INC., OTHER GRANTORS PARTY HERETO FROM TIME TO TIME SILVER POINT FINANCE, LLC as Senior Administrative Agent and THE HUNTINGTON NATIONAL BANK, as...Security Agreement • January 3rd, 2007 • Dominion Homes Inc • Operative builders • New York
THIS AMENDED AND RESTATED SECURITY AGREEMENT, dated as of December 29, 2006 (this “Agreement”), is entered into by DOMINION HOMES, INC., an Ohio corporation (the “Borrower”), and each of the entities listed on the signature pages hereof as grantors or that becomes a party hereto pursuant to Section 7.10 (Additional Grantors) (each a “Grantor” and, collectively, the “Grantors”) in favor of SILVER POINT FINANCE, LLC, (“Silver Point”), as the senior administrative agent (in such capacity, together with its successors in such capacity, the “Senior Administrative Agent”) and THE HUNTINGTON NATIONAL BANK (“Huntington”), as the administrative agent (in such capacity, together with its successors in such capacity, the “Administrative Agent”) for the Lenders (as defined in the Credit Agreement referred to below) and Huntington as issuing bank (“Issuing Bank” and, together with Silver Point, the “Issuing Banks”). This Agreement amends and restates in its entirety the Security Agreement of the un
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of December 29, 2006 among DOMINION HOMES, INC. as the Company and borrower hereunder THE LENDERS PARTY HERETO THE HUNTINGTON NATIONAL BANK as an Issuing Bank and Administrative Agent and SILVER...Credit Agreement • January 3rd, 2007 • Dominion Homes Inc • Operative builders • New York
This Third Amended and Restated Credit Agreement (this “Agreement”) dated as of December 29, 2006, is entered into among Dominion Homes, Inc., an Ohio corporation (the “Company”), the institutions from time to time party hereto as lenders, whether by execution of this Agreement or an Assignment and Acceptance (individually, a “Lender” and collectively, the “Lenders”), each of Silver Point Finance, LLC (“Silver Point”) and The Huntington National Bank (“Huntington”) as issuing banks for any Letters of Credit issued hereunder (each an “Issuing Bank” and collectively, the “Issuing Banks”), Huntington, in its separate capacity as Administrative Agent for the Lenders and such Issuing Banks (with its successors in such capacity, the “Administrative Agent”) and Silver Point, in its separate capacity as Senior Administrative Agent for the Lenders and such Issuing Banks (with its successors in such capacity, the “Senior Administrative Agent”), and amends and restates in its entirety a certain S
ContractRegistration Rights Agreement • January 3rd, 2007 • Dominion Homes Inc • Operative builders • New York
REGISTRATION RIGHTS AGREEMENT (the “Agreement”), dated as of December 29, 2006, between DOMINION HOMES, INC., an Ohio corporation (the “Company”), and the Purchasers listed on the signature pages hereto (the “Purchasers”).
VOTING AGREEMENT December 29, 2006Voting Agreement • January 3rd, 2007 • Dominion Homes Inc • Operative builders • Ohio
This letter agreement is being entered into among and between BRC Properties, Inc. (the “Key Shareholder”), the Company, the Original Term B Lenders (as defined in the Credit Agreement) and the Purchasers and delivered in connection with the Credit Agreement and the Warrant Purchase Agreement and is intended to supplement the Credit Agreement and the Warrant Purchase Agreement with respect to the subject matter contained herein (but not otherwise). Capitalized terms used but not defined herein shall have the meanings assigned thereto in the Warrant Purchase Agreement or the Credit Agreement, as applicable.
WARRANT PURCHASE AGREEMENT Dated as of December 29, 2006 by and among DOMINION HOMES, INC., and THE PURCHASERS NAMED HEREINWarrant Purchase Agreement • January 3rd, 2007 • Dominion Homes Inc • Operative builders • New York
WARRANT PURCHASE AGREEMENT (this “Agreement”), dated as of December 29, 2006, by and among Dominion Homes, Inc., a Ohio corporation (the “Company”) and the Purchasers listed on the signature pages hereto (the “Purchasers”).
