SUBSCRIPTION AGREEMENT (REIT)Subscription Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • New York
ANDRights Agreement • February 17th, 1999 • American Residential Investment Trust Inc • Real estate investment trusts • Maryland
Exhibit 10.20Executive Employment Agreement • October 6th, 2004 • AmNet Mortgage, Inc. • Real estate investment trusts • California
RECITALSRegistration Rights Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • New York
RECITALSVoting Agreement • January 9th, 2002 • American Residential Investment Trust Inc • Real estate investment trusts • California
RECITALSRegistration Rights Agreement • January 9th, 2002 • American Residential Investment Trust Inc • Real estate investment trusts
UNDERWRITING AGREEMENTAmerican Residential Investment Trust Inc • October 23rd, 1997 • Real estate investment trusts • New York
1 EXHIBIT 10.1 MANAGEMENT AGREEMENT MANAGEMENT AGREEMENT, dated as of February 11, 1997, by and among AMERICAN RESIDENTIAL INVESTMENT TRUST, INC., a Maryland corporation (the "Company"), and HOME ASSET MANAGEMENT CORP., a Delaware corporation (the...Management Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • California
1 EXHIBIT 10.3 EMPLOYMENT AND NONCOMPETITION AGREEMENT This EMPLOYMENT AND NONCOMPETITION AGREEMENT is made and entered into as of February 11, 1997, by and between HOME ASSET MANAGEMENT CORP., a Delaware corporation ("EMPLOYER"), and Jay Fuller...Employment and Noncompetition Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • California
AMENDMENT NO. 1 TO SECURITIES PURCHASE AGREEMENTSecurities Purchase Agreement • January 9th, 2002 • American Residential Investment Trust Inc • Real estate investment trusts
ARTICLE I TERMINATION OF THE MANAGEMENT AGREEMENTTermination and Release Agreement • January 9th, 2002 • American Residential Investment Trust Inc • Real estate investment trusts • California
25,000,000 Principal Amount of 12% Senior Secured Notes due February 11, 2002Securities Purchase Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • New York
1 EXHIBIT 10.2 EMPLOYMENT AND NONCOMPETITION AGREEMENT This EMPLOYMENT AND NONCOMPETITION AGREEMENT is made and entered into as of February 11, 1997, by and between HOME ASSET MANAGEMENT CORP., a Delaware corporation ("EMPLOYER"), and John Robbins...Employment and Noncompetition Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • California
EXHIBIT 10.15 MASTER REPURCHASE AGREEMENT GOVERNING PURCHASES AND SALES OF MORTGAGE LOANS DATED AS OF DECEMBER 16, 1997Master Repurchase Agreement • March 31st, 1998 • American Residential Investment Trust Inc • Real estate investment trusts • New York
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • May 15th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • California
This Amended and Restated Employment Agreement (“Agreement”) is made effective as of January 1, 2003 (“Effective Date”), by and between American Mortgage Network, Inc., a Delaware corporation, and a subsidiary of American Residential Investment Trust, Inc., a Maryland corporation (“Company”) and Judith Berry (“Executive”).
RECITALSIndemnity Agreement • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • Maryland
FIRST AMENDED AND RESTATED AMERICAN RESIDENTIAL INVESTMENT TRUST, INC. AND AMERICAN STOCK TRANSFER AND TRUST COMPANY Rights Agent RIGHTS AGREEMENT Dated as of February 2, 1999 Amended as of March 4, 2004Rights Agreement • March 30th, 2004 • American Residential Investment Trust Inc • Real estate investment trusts • Maryland
This First Amended and Restated Rights Agreement ("Rights Agreement"), is dated as of March 4, 2004, between American Residential Investment Trust, Inc., a Maryland corporation (the "Company"), and American Stock Transfer and Trust Company (the "Rights Agent").
2 3 expenses of any firm mutually agreed upon by Employee and Employer shall be borne by Employer. The fees and expenses of firms selected by Employee and Employer if no agreement is reached shall be borne by the party selecting such firm, with the...Employment and Noncompetition Agreement • March 30th, 2000 • American Residential Investment Trust Inc • Real estate investment trusts • California
AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • Delaware
This Agreement and Plan of Merger (this “Merger Agreement”) is entered into as of September 25, 2003, by and among Home Asset Management Corp., a Delaware corporation (“HAMCO”), MDC Reit Holdings, LLC, a Delaware limited liability company (“Holdings”), Crescent/Mach I Partners, L.P., a Delaware limited partnership, TCW/Crescent Mezzanine Investment Partners, L.P., a Delaware limited partnership, TCW/Crescent Mezzanine Partners, L.P., a Delaware limited partnership, TCW/Crescent Mezzanine Trust, a trust organized under the laws of Delaware, and TCW Shared Opportunity Fund II, L.P., a Delaware limited partnership (collectively, the “TCW Entities”), and the other entities and persons signatories hereto (collectively, the “Non-TCW Stockholders,” and together with the TCW Entities, the “HAMCO Stockholders”).
CONTRIBUTION AGREEMENTContribution Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • Delaware
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made and entered into as of September 24, 2003 (the “Effective Date”), by and among Crescent/Mach I Partners, L.P., TCW/Crescent Mezzanine Investment Partners, L.P., TCW/Crescent Mezzanine Partners, L.P., TCW/Crescent Mezzanine Trust and TCW Shared Opportunity Fund II, L.P. (collectively, the “TCW Entities”), the entities and persons listed in Schedule 1 hereto (the “Preferred Stock LLC Members” and, together with the TCW Entities, the “Assignors”), Home Asset Management Corp., a Delaware corporation (the “Assignee”), and MDC Reit Holdings, LLC, a Delaware limited liability company (the “Company”).
LEASELease • September 25th, 1997 • American Residential Investment Trust Inc • Real estate investment trusts • California
AMENDED AND RESTATED VOTING AND SUPPORT AGREEMENTVoting and Support Agreement • September 23rd, 2005 • AmNet Mortgage, Inc. • Real estate investment trusts • Maryland
AMENDED AND RESTATED VOTING AND SUPPORT AGREEMENT, dated as of September 13, 2005 (this “Agreement”), by and among Wachovia Bank, National Association, a national banking association organized under the laws of the United States of America (“Parent”), Nierenberg Investment Management Company, Inc., a Washington corporation (the “Shareholder”), and David Nierenberg, the President of Shareholder (“Nierenberg”), in his individual capacity. Capitalized terms used but not defined herein shall have the meanings given to such terms in the Merger Agreement (as such term is defined below).
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • May 15th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • California
This Executive Employment Agreement (“Agreement”) is made effective as of January 1, 2003 (“Effective Date”), by and between American Mortgage Network, Inc., a Delaware corporation, and a subsidiary of American Residential Investment Trust, Inc., a Maryland corporation (“Company”) and Lisa Faulk (“Executive”).
LEASE SORRENTO WATERIDGE PARTNERS, L.P., a California limited partnership Landlord AMERICAN RESIDENTIAL INVESTMENT TRUST, INC., a Maryland corporation TenantLease • May 15th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • California
THIS LEASE (“Lease”) is made this day of November, 2001, by and between SORRENTO WATERIDGE PARTNERS, L.P., a California limited partnership (“Landlord”), and AMERICAN RESIDENTIAL INVESTMENT TRUST, INC., a Maryland corporation (“Tenant”).
AMENDMENT NO. 2 TO SECURITIES PURCHASE AGREEMENT, CONSENT TO AMENDMENT OF NOTES AND WAIVER OF PAYMENT DEFAULTSecurities Purchase Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts
This Amendment No. 2 to the Securities Purchase Agreement, Consent to Amendment of Notes and Waiver of Payment Default (the “Amendment”), is dated as of February 10, 2002 by and among Home Asset Management Corp., a Delaware corporation (the “Issuer”), MDC REIT Holdings, L.L.C., a Delaware limited liability company (“Holdings”), TCW/Crescent Mezzanine Partners, L.P., TCW/Crescent Mezzanine Trust, TCW/Crescent Mezzanine Investment Partners, L.P., Crescent/Mach I Partners, L.P. and TCW Shared Opportunity Fund II, L.P. (collective, the “TCW Entities”). The Issuer, Holdings and the TCW Entities are collectively referred to herein as the “Parties”.
HOME ASSET MANAGEMENT CORP. 11100 Santa Monica Blvd., Suite 2000 Los Angeles, CA 90025 STOCK REPURCHASE AGREEMENTStock Repurchase Agreement • August 16th, 2004 • AmNet Morgage, Inc. • Real estate investment trusts
This Stock Repurchase Agreement (“Agreement”) is made and entered into as of the 24th day of June, 2004, by and among AmNet Mortgage, Inc. (“Buyer” or the “Company”), a Maryland Corporation and Home Asset Management Corp., a Delaware Corporation (“Seller”).
JOINT FILING AGREEMENTJoint Filing Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts
JOINT FILING AGREEMENT (this “Agreement”), dated as of October 6, 2003, among TCW/Crescent Mezzanine Partners, L.P. , a Delaware limited partnership, TCW/Crescent Mezzanine Investment Partners, L.P. , a Delaware limited partnership, TCW/Crescent Mezzanine Trust, a Delaware business trust, TCW Shared Opportunity Fund II, L.P., a Delaware limited partnership, Crescent/Mach I Partners, L.P., a Delaware limited partnership, The TCW Group, Inc., a Nevada corporation, TCW/Crescent Mezzanine, LLC, a Delaware limited liability company, TCW Investment Management Company, a California corporation, TCW Asset Management Company, a California corporation, Crescent/Mach I G.P. Corporation, a Texas corporation, and Home Asset Management Corp., a Delaware corporation (collectively, the “Joint Filers”).
AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER DATED AS OF SEPTEMBER 13, 2005 BY AND AMONG AMNET MORTGAGE, INC., WACHOVIA BANK, NATIONAL ASSOCIATION AND PTI, INC.Agreement and Plan of Merger • September 19th, 2005 • AmNet Mortgage, Inc. • Real estate investment trusts • Maryland
This AMENDED AND RESTATED AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of September 13, 2005, is made and entered into by and among AmNet Mortgage, Inc., a Maryland corporation (the “Company”), Wachovia Bank, National Association, a national banking association organized under the laws of the United States of America (“Parent”), and PTI, Inc., a Delaware corporation and wholly owned subsidiary of Parent (“Sub”).
ASSUMPTION AGREEMENT AND AMENDMENT NO. 1 TO PLEDGE AGREEMENTAssumption Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • New York
This ASSUMPTION AGREEMENT AND AMENDMENT NO. 1 TO PLEDGE AGREEMENT (this “Agreement”) is made on this 25th day of September, 2003, by and between Home Asset Management Corp., a Delaware corporation (“HAMCO”), and Deutsche Bank Trust Company Americas, a New York banking corporation formerly known as Bankers Trust Company, as collateral agent (the “Collateral Agent”) under the Pledge Agreement, dated as of February 11, 1997, by and between MDC Reit Holdings, LLC, a Delaware limited liability company (“Holdings”), and the Collateral Agent (the “Pledge Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Pledge Agreement.
MASTER AGREEMENTMaster Agreement • August 15th, 2005 • AmNet Mortgage, Inc. • Real estate investment trusts • Florida
This Agreement is entered into as of May 10, 2005 (“Effective Date”), by and between Fidelity Information Services, Inc., located at 601 Riverside Avenue, Jacksonville, Florida 32204 (“Fidelity”) and American Mortgage Network, Inc., located at 10421 Wateridge Circle, Suite 250, San Diego, California 92121 (“Client”).
HOME ASSET MANAGEMENT CORP. AMENDED AND RESTATED STOCKHOLDERS AGREEMENT, VOTING AGREEMENT AND IRREVOCABLE PROXY DATED SEPTEMBER 24, 2003Stockholders Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • Delaware
AMENDED AND RESTATED SECURITIES PURCHASE AGREEMENT by and among HOME ASSET MANAGEMENT CORP., as Issuer, and TCW/CRESCENT MEZZANINE PARTNERS, L.P., TCW/CRESCENT MEZZANINE TRUST, TCW/CRESCENT MEZZANINE INVESTMENT PARTNERS, L.P., CRESCENT/MACH I...Securities Purchase Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • New York
This Amended and Restated Securities Purchase Agreement dated as of September 25, 2003 (this “Agreement”), is entered into by and among Home Asset Management Corp., a Delaware corporation (the “Issuer”), and TCW/Crescent Mezzanine Partners, L.P., TCW/Crescent Mezzanine Trust, TCW/Crescent Mezzanine Investment Partners, L.P., Crescent/Mach I Partners, L.P. and TCW Shared Opportunity Fund II, L.P. (each, a “Purchaser,” and collectively, the “Purchasers”). Capitalized terms not otherwise defined herein shall have the meanings ascribed to such terms in Section 9.1.
PLEDGE AGREEMENT (By MDC Reit Holdings, LLC)Pledge Agreement • October 6th, 2003 • American Residential Investment Trust Inc • Real estate investment trusts • New York
This Pledge Agreement dated as of February 11, 1997 (this “Agreement”) is entered into by MDC Reit Holdings, LLC, a Delaware limited liability company (the “Company”), to and in favor of Bankers Trust Company, a New York banking corporation, as collateral agent (the “Collateral Agent”), for the benefit of the Holders (as defined below). Capitalized terms used herein and not defined herein shall have the meaning set forth in the Securities Purchase Agreement (defined below).
