SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENTSenior Secured Super-Priority Debtor in Possession Credit and Security Agreement • March 25th, 2008 • Tousa Inc • General bldg contractors - residential bldgs • New York
Contract Type FiledMarch 25th, 2008 Company Industry JurisdictionAMENDMENT NO. 1 TO SENIOR SECURED SUPER-PRIORITY DEBTOR IN POSSESSION CREDIT AND SECURITY AGREEMENT, dated as of March 15, 2008 (this “Amendment”), is entered into 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 “Borrowers”), the Lenders and Issuers (each as defined below) and CITICORP NORTH AMERICA, INC., as Administrative Agent (in such capacity, the “Administrative Agent”), and amends the Senior Secured Super-Priority Debtor in Possession Credit and Security Agreement, dated as of January 29, 2008 (as amended, supplemented or otherwise modified from time to time, the “Cre