0001299933-07-003244 Sample Contracts

CONSENT AND AMENDMENT NO. 2
Credit Agreement • May 24th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York

This Consent and Amendment No. 2 to Amended and Restated Credit Agreement, dated as of May 21, 2007 (this “Amendment”), is entered into among TOUSA, Inc. (formerly known as Technical Olympic USA, Inc.), a Delaware corporation (the “Administrative Borrower”), and each Subsidiary Borrower (as defined in the Credit Agreement (as defined below) and, together with the Administrative Borrower, the “Borrowers”) and the Lenders (as defined below) listed on the signature pages hereto, and amends the Amended and Restated Credit Agreement dated as of January 30, 2007 (as amended to the date hereof and as the same may be further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) entered into among the Borrowers, the institutions from time to time party thereto as lenders (the “Lenders”), the Issuers (as defined in the Credit Agreement), Citicorp North America, Inc., as administrative agent (in such capacity, the “Administrative Agent”), and the other Agents and

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