MUTUAL RELEASE AND CONSENT AGREEMENTMutual Release and Consent Agreement • August 9th, 2007 • Tousa Inc • General bldg contractors - residential bldgs • New York
This Mutual Release and Consent Agreement (the “Agreement”) is made and entered into as of July 31, 2007, by and among (i) EH/Transeastern, LLC (the “Operating Company”) and TE/TOUSA Senior, LLC (“TOUSA Senior”) as borrowers under the Senior Credit Agreement referred to below (“TOUSA Senior”, and together with the Operating Company, the “Borrowers”), (ii) TOUSA, Inc. f/k/a Technical Olympic USA, Inc. (“TOUSA”), TOUSA Homes, L.P., TE/TOUSA, LLC, TE/TOUSA Mezzanine Two, LLC and TE/TOUSA Mezzanine, LLC as transaction parties under said Senior Credit Agreement (together with the Borrowers, the “Transaction Parties”), (iii) the lender (the “Lender”) whose signature is provided below, one of the lenders party to the Senior Credit Agreement (as defined below) and (iv) The CIT Group/Business Credit, Inc., as administrative agent under such Senior Credit Agreement (in such capacity, the “Administrative Agent”). The Transaction Parties, the Lender and the Administrative Agent are each referred t
