0001299933-07-006755 Sample Contracts

INTERCREDITOR AGREEMENT
Intercreditor Agreement • November 20th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York

This Intercreditor Agreement (as amended, supplemented, waived or otherwise modified pursuant to the terms hereof, this “Agreement”) dated as of July 31, 2007, among CITICORP NORTH AMERICA, INC., in its capacities as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “Revolving Credit Agent”) for the financial institutions party from time to time to the Revolving Credit Agreement referred to below (such financial institutions, together with their successors, assigns and transferees, the “Revolving Lenders” and, together with affiliates thereof in their capacity as Revolving Credit Cash Management Affiliates or Revolving Credit Hedging Affiliates (in each case, as hereinafter defined), the “Revolving Creditors”), CITICORP NORTH AMERICA, INC., in its capacities as administrative agent and collateral agent (together with its successors and assigns in such capacities, the “First Lien Term Loan Agent”) for the financial institutions p

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