DEBTOR-IN-POSSESSION CREDIT AGREEMENT Dated as of September 24, 2008 among WCI COMMUNITIES, INC., a Debtor and a Debtor-in-Possession under Chapter 11 of the Bankruptcy Code, as Borrower, THE SUBSIDIARIES OF THE BORROWER NAMED HEREIN, Each a Debtor...Possession Credit Agreement • January 28th, 2009 • Wci Communities Inc • Operative builders • New York
THIS DEBTOR-IN-POSSESSION CREDIT AGREEMENT (“Agreement”) is entered into as of September 24, 2008, among WCI COMMUNITIES, INC., a Delaware corporation, a debtor and debtor-in-possession in a case pending under Chapter 11 of the Bankruptcy Code (“Borrower”), certain of the direct or indirect subsidiaries of Borrower signatory hereto, each of which is a debtor and debtor-in-possession collectively, the “Debtor Guarantors” and, together with Borrower, the “Debtor Loan Parties”) in a case pending under Chapter 11 of the Bankruptcy Code (the cases of Borrower and each Debtor Guarantor, each a “Case” and collectively, the “Cases”), certain of the other direct or indirect subsidiaries of Borrower signatory hereto (collectively, the “Non-Debtor Guarantors” and, together with the Debtor Loan Parties, the “Loan Parties”), each lender from time to time party hereto (collectively, the “Lenders”), WACHOVIA BANK, NATIONAL ASSOCIATION, as Administrative Agent and L/C Issuer and BANK OF AMERICA, N.A.,
