AMENDED AND RESTATED INDENTURE between COMSTOCK HOMEBUILDING COMPANIES, INC. and WELLS FARGO BANK, N.A., as Trustee Dated as of March 14, 2008Indenture • March 24th, 2008 • Comstock Homebuilding Companies, Inc. • Operative builders • New York
This AMENDED AND RESTATED INDENTURE, dated as of March 14, 2008, is between Comstock Homebuilding Companies, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A., as Trustee (in such capacity, the “Trustee”).
GUARANTY AGREEMENTGuaranty Agreement • March 24th, 2008 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS GUARANTY dated February , 2008 (together with any amendments or modifications hereto in effect from time to time, the “Guaranty”), made by COMSTOCK POTOMAC YARD, L.C., a Virginia limited liability company having an address at (“Guarantor”), in favor of STONEHENGE FUNDING, LC, having an office at 11465 Sunset Hills Road, #620, Reston, Virginia 20190 (“Lender”).
LOAN AGREEMENT DATED AS OF MARCH 14, 2008 by and among COMSTOCK STATION VIEW, L.C., COMSTOCK POTOMAC YARD, L.C., AS BORROWERS, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS THAT MAY BECOME PARTIES TO THIS AGREEMENT, AND KEYBANK NATIONAL ASSOCIATION,...Loan Agreement • March 24th, 2008 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS LOAN AGREEMENT (this “Agreement”) is made as of the 14th day of March, 2008 by and among COMSTOCK STATION VIEW, L.C., a Virginia limited liability company (“Station View”), COMSTOCK POTOMAC YARD, L.C., a Virginia limited liability company (“Potomac”; Station View and Potomac are sometimes hereinafter referred to individually as “Borrower” and collectively as “Borrowers”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”) and the other lending institutions that may become parties hereto pursuant to §18 (together with KeyBank, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”).
UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCEComstock Homebuilding Companies, Inc. • March 24th, 2008 • Operative builders • Virginia
FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Guarantor”), the receipt and sufficiency whereof are hereby acknowledged by Guarantor, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Loan Agreement” (as hereinafter defined), and shall also include any such individual Lender acting as agent for all of the Lenders), to extend credit or otherwise provide financial accommodations to COMSTOCK STATION VIEW, L.C., a Virginia limited liability company, and COMSTOCK POTOMAC YARD, L.C., a Virginia limited liability company (hereinafter referred to collectively as “Borrower”), which extension of credit and provision of financial accommodations
LOAN AND SECURITY AGREEMENTLoan and Security Agreement • March 24th, 2008 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
THIS LOAN AND SECURITY AGREEMENT (this “Agreement”) is made as of the day of February, 2008 by and between STONEHENGE FUNDING, LC, a Virginia limited liability company, (“Lender”), whose address is 11465 Sunset Hills Road, #620, Reston, Virginia 20190 and COMSTOCK HOMEBUILDING COMPANIES, INC., a Delaware corporation (“Borrower”), whose address is 11465 Sunset Hills Road, Suite 500, Reston, Virginia 20190. All capitalized terms otherwise undefined herein shall have the meanings specified in Article I of this Agreement, unless the context otherwise requires.
SUPPLEMENT TO INDENTURESupplement to Indenture • March 24th, 2008 • Comstock Homebuilding Companies, Inc. • Operative builders
This SUPPLEMENT TO INDENTURE, dated as of January 7, 2008 (this “Supplement”), is between Comstock Homebuilding Companies, Inc., a Delaware corporation (the “Company”), and Wells Fargo Bank, N.A., as Trustee (in such capacity, the “Trustee”).
