SECOND RESTATED GUARANTY AGREEMENTGuaranty Agreement • April 2nd, 2008 • Avatar Holdings Inc • Operative builders • Florida
THIS SECOND RESTATED GUARANTY dated as of March 27, 2008 (together with any amendments or modifications hereto in effect from time to time, the “Restated Guaranty"), made by AVATAR HOLDINGS INC., a Delaware corporation, having an address at 201 Alhambra Circle, 12th Floor, Coral Gables, Florida 33134 (“Guarantor"), in favor of the lending institution(s) identified on Schedule A attached hereto and made a part hereof and such other lending institutions which may become parties hereto pursuant to the Credit Agreement (as hereinafter defined) (individually, a “Lender” and collectively, the “Lenders”) and WACHOVIA BANK, NATIONAL ASSOCIATION, having an office at 800 North Magnolia Avenue, Suite 704, Orlando, Florida 32803 (“Agent”).
AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 2nd, 2008 • Avatar Holdings Inc • Operative builders • Florida
THIS AMENDED AND RESTATED CREDIT AGREEMENT (the “Agreement”) dated as of the 27th day of March, 2008, and entered into by and among AVATAR PROPERTIES INC., a Florida corporation (“Borrower”), joined by AVATAR HOLDINGS INC. (“Holdings”), a Delaware corporation (the “Guarantor”), WACHOVIA CAPITAL MARKETS, LLC, as lead arranger (“Arranger”), WACHOVIA BANK, NATIONAL ASSOCIATION, in its capacity as Lender and in its capacity as administrative agent (“Agent”), GUARANTY BANK, in its capacity as Syndication Agent and Lender, FRANKLIN BANK, SSB, a Texas State Savings Bank, in its capacity as Lender, and the other financial institutions who are identified on Schedule A hereto or hereafter become parties to this Agreement as Lenders, (each a “Lender” and collectively, the “Lenders”).
