CREDIT AND SECURITY AGREEMENT among TOUSA, INC., as the Administrative Borrower THE OTHER ENTITIES PARTY HERETO FROM TIME TO TIME, as Subsidiary Borrowers, THE LENDERS AND ISSUERS PARTY HERETO, CITICORP NORTH AMERICA, INC., as Administrative Agent and...Credit and Security Agreement • February 8th, 2008 • Tousa Inc • General bldg contractors - residential bldgs • New York
SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT, dated as of January 29, 2008, among TOUSA, INC., a Delaware corporation (the “Administrative Borrower”), each subsidiary of the Administrative Borrower listed on Schedule I, as a “Subsidiary Borrower” (each, a “Subsidiary Borrower” and collectively, the “Subsidiary Borrowers”; together with the Administrative Borrower, each a “Borrower” and collectively, the “Borrowers”), each a debtor and debtor-in-possession in the cases pending under Chapter 11 of the Bankruptcy Code (as defined below), the Lenders (as defined below), the Issuers (as defined below) and CITICORP NORTH AMERICA, INC. (“CNAI”), as agent for the Lenders and the Issuers (in such capacity and including any successor or permitted assign, the “Administrative Agent”).
