Exhibit 10.12
SECOND AMENDMENT TO CREDIT AGREEMENT
This SECOND AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made as
of the 6th day of October, 2003, by and among PULTE MORTGAGE LLC, a Delaware
limited liability company (the "Borrower"), BANK ONE, NA, as agent under the
"Credit Agreement" (as defined below) (the "Agent") and BANK ONE, NA, in its
individual capacity, BANK OF AMERICA, N.A. and CREDIT LYONNAIS NEW YORK BRANCH
(the "Supplemental Lenders").
The Borrower, the Agent and certain other Lenders, as described
therein, are parties to a Fourth Amended and Restated Revolving Credit Agreement
dated as of March 31, 2003, as amended by a First Amendment to Credit Agreement
dated as of August 1, 2003 (as it may be further amended from time to time, the
"Credit Agreement"). All terms used herein and not otherwise defined shall have
the same meaning given to them in the Credit Agreement.
Pursuant to Section 2.10(c) of the Credit Agreement, the Borrower has
the right to increase the Aggregate Commitment by obtaining increased
Commitments upon satisfaction of certain conditions. This Amendment requires
only the signature of the Borrower, the Agent and the Supplemental Lenders so
long as the Aggregate Commitment is not increased above $350,000,000.
Each Supplemental Lender is an existing Lender which is increasing its
Commitment.
In consideration of the foregoing, each Supplemental Lender, from and
after the date hereof shall have an increased Commitment and Commitment
Percentage as shown on Schedule 1 attached hereto, resulting in a new Aggregate
Commitment of $220,000,000 as of the date hereof.
IN WITNESS WHEREOF, the Agent, the Borrower and the Supplemental
Lenders have executed this Amendment as of the date shown above.
PULTE MORTGAGE LLC
By: /S/ ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
_____________________________________
Name: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇
Title: SVP - CFO
BANK ONE, NA, individually and
as Agent
By: /S/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
_____________________________________
Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇
Title: Associate Director
BANK OF AMERICA, N.A.
By: /s/ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
______________________________________
Name: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇
Title:
CREDIT LYONNAIS NEW YORK BRANCH
By: /s/ ▇▇▇▇▇▇ ▇▇▇
______________________________________
Name: ▇▇▇▇▇▇ ▇▇▇
Title:
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SCHEDULE 1
COMMITMENTS AND COMMITMENT PERCENTAGES
(B)
COMMITMENT
PERCENTAGE
---------- (C)
(A) (A/Aggregate SWINGLINE
LENDER COMMITMENT Commitment) COMMITMENT
------ ---------- ----------- ----------
Bank One, NA $ 70,000,000 31.81818% $15,000,000
Bank of America, N.A. $ 60,000,000 27.27273%
Credit Lyonnais New York Branch $ 50,000,000 22.72727%
Comerica Bank $ 25,000,000 11.36364%
▇▇▇▇▇ Fargo, N.A. $ 15,000,000 6.81818%
$220,000,000 100%
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