Avatar Holdings Inc Sample Contracts

74 75 Exhibit 10(g) Employment Agreement between Avatar Holdings Inc. and Gerald D. Kelfer -- continued
Avatar Holdings Inc • March 28th, 1997 • Land subdividers & developers (no cemeteries) • Florida
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INDENTURE
Indenture • January 27th, 1998 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries) • New York
AS ISSUER, AND
Indenture • May 6th, 2004 • Avatar Holdings Inc • Operative builders • Florida
FIRST AMENDMENT
Employment Agreement • March 31st, 1999 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries) • Florida
AV Homes, Inc. and Computershare Shareowner Services LLC Rights Agreement Dated as of June 19, 2013
Rights Agreement • June 20th, 2013 • AV Homes, Inc. • Operative builders • Delaware

Agreement, dated as of June 19, 2013, between AV Homes, Inc., a Delaware corporation (the “Company”), and Computershare Shareowner Services LLC, as rights agent (the “Rights Agent”).

REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 18th, 2017 • AV Homes, Inc. • Operative builders • New York

This REGISTRATION RIGHTS AGREEMENT, dated as of May 18, 2017 (this “Agreement”), is entered into by and among AV Homes, Inc., a Delaware corporation (the “Company”), the guarantors listed in Schedule 1 hereto (the “Initial Guarantors”), and J.P. Morgan Securities LLC (“J.P. Morgan”) as representative of the several initial purchasers listed in Schedule 1 to the Purchase Agreement referred to below (the “Initial Purchasers”).

FIRST AMENDMENT
Employment Agreement • March 31st, 1999 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries) • Florida
March 27, 2003
Stock Option Agreement • May 14th, 2003 • Avatar Holdings Inc • Operative builders

Reference is hereby made to that Nonqualified Stock Option Agreement (the "Option Agreement") dated as of February 13, 1997 between Avatar Holdings Inc. ("Avatar") and Gerald D. Kelfer. I hereby relinquish all right and interest in the option to purchase 225,000 shares of common stock of Avatar at a price of $34 per share granted to me pursuant to the Option Agreement. I acknowledge that the Option Agreement is being terminated without the option granted thereunder having been exercised.

2,250,000 Shares Avatar Holdings Inc. Common Stock, par value $1.00 per share UNDERWRITING AGREEMENT
Underwriting Agreement • September 28th, 2009 • Avatar Holdings Inc • Operative builders • New York

Avatar Holdings Inc., a Delaware corporation (the “Company”), proposes to sell to you as the sole underwriter (the “Underwriter”), 2,250,000 shares (the “Firm Stock”) of the Company’s common stock, par value $1.00 per share (the “Common Stock”). In addition, the Company proposes to grant to the Underwriter an option to purchase up to 337,500 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”) of this agreement (this “Agreement”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriter.

FIRST AMENDMENT
Employment Agreement • March 31st, 1999 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries) • Florida
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GRANTED PURSUANT TO: Avatar Holdings Inc. 1997 Incentive and Capital Accumulation Plan
Option Agreement • August 13th, 1999 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries)
AVATAR HOLDINGS INC. 255 Alhambra Circle Coral Gables, Florida 33134
Avatar Holdings Inc • March 28th, 1997 • Land subdividers & developers (no cemeteries)
GRANTED PURSUANT TO: Avatar Holdings Inc. 1997 Incentive and Capital Accumulation Plan
Nonqualified Stock Option Agreement • March 28th, 1997 • Avatar Holdings Inc • Land subdividers & developers (no cemeteries)
AV HOMES, INC. and [ ], as Trustee Indenture Providing for Issuance of Subordinated Debt Securities
AV Homes, Inc. • April 5th, 2013 • Operative builders • New York

THIS INDENTURE, between AV Homes, Inc., a Delaware corporation (hereinafter called the “Company,” as more fully defined in Section 1.01), and [ ], as trustee (hereinafter called the “Trustee,” as more fully defined in Section 1.01), is made and entered into as of this day of , .

ASSIGNMENT
Avatar Holdings Inc • April 30th, 1999 • Land subdividers & developers (no cemeteries)
RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • August 30th, 2010 • Avatar Holdings Inc • Operative builders • Delaware

This RESTRICTED STOCK UNIT AGREEMENT (“Agreement”), dated August 25, 2010 (the “Effective Date”), by and between Avatar Holdings Inc., a Delaware corporation (the “Company”) and Patricia Kimball Fletcher (the “Participant”).

Avatar Holdings Inc. UNDERWRITING AGREEMENT
Underwriting Agreement • February 4th, 2011 • Avatar Holdings Inc • Operative builders • New York

Avatar Holdings Inc., a Delaware corporation (the “Company”), proposes to issue and sell to you, as the sole underwriter (the “Underwriter”), $100,000,000 principal amount of the Company’s 7.50% Senior Convertible Notes due 2016 (the “Securities”) on the terms set forth in Section 2 of this agreement (this “Agreement”). The Securities will be convertible into shares of the Company’s common stock, par value $1.00 per share (the “Underlying Securities”). The Securities will (i) have the terms and provisions that are summarized in the Pricing Disclosure Package (as defined below) and the Prospectus (as defined below) and (ii) be issued pursuant to an indenture, dated as of February 4, 2011 (the “Base Indenture”), between the Company and Wilmington Trust FSB, as trustee (the “Trustee”). Certain terms of the Securities will be established pursuant to a first supplemental indenture to the Base Indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”). Th

AMENDED AND RESTATED RESTRICTED STOCK UNIT AGREEMENT
Restricted Stock Unit Agreement • December 30th, 2008 • Avatar Holdings Inc • Operative builders • Delaware

This AMENDED AND RESTATED RESTRICTED STOCK UNIT AGREEMENT (“Agreement”) dated December 22, 2008, is made by and between Avatar Holdings Inc., a Delaware corporation (the “Company”), and Jonathan Fels (the “Participant”), and amends and restates in their entirety and consolidates the three Restricted Stock Unit Agreements, by and between the Company and the Participant, each dated April 15, 2005 (each, an “Original Agreement” and collectively, the “Original Agreements”) that specify a minimum price of $65.00 per share, $72.50 per share and $80.00 per share, respectively, in the Hurdle Price Condition (as defined in the respective Original Agreement).

ARTICLE 1 DEFINITIONS AND OTHER PROVISIONS OF GENERAL APPLICATION 1 SECTION 1.01. Definitions 1 SECTION 1.02. Officer’s Certificates and Opinions 7 SECTION 1.03. Form of Documents Delivered to Trustee 7 SECTION 1.04. Acts of Holders 8 SECTION 1.05....
Avatar Holdings Inc • February 4th, 2011 • Operative builders • New York

THIS INDENTURE, between Avatar Holdings Inc., a Delaware corporation (hereinafter called the “Company,” as more fully defined in Section 1.01), and Wilmington Trust FSB, a federal savings bank, as trustee (hereinafter called the “Trustee,” as more fully defined in Section 1.01), is made and entered into as of this 4th day of February, 2011.

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