0001193125-16-471714 Sample Contracts

CONFIDENTIAL PORTIONS OF THIS EXHIBIT MARKED AS [***] HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. THIRD AMENDMENT TO FRANCHISE AGREEMENT
Franchise Agreement • February 22nd, 2016 • WCI Communities, Inc. • Operative builders

THIS THIRD AMENDMENT TO FRANCHISE AGREEMENT (this “Third Amendment”) is executed as of the 30 day of April, 2014, but is made retroactively effective as of October 1, 2013, by and between BHH Affiliates, LLC, a Delaware limited liability company (“Franchisor”) and Watermark Realty, Inc., a Delaware corporation doing business in the State of Florida as Berkshire Hathaway HomeServices Florida Realty (“Franchisee”) (Franchisor and Franchisee are sometimes collectively referred to as the “Parties”), with reference to the following facts:

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AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT Dated as of February 9, 2016 (Amending and Restating the Revolving Credit Agreement dated August 27, 2013) among WCI COMMUNITIES, INC., as Borrower, THE BANKS PARTY HERETO, CITIBANK, N.A. as...
Assignment and Assumption • February 22nd, 2016 • WCI Communities, Inc. • Operative builders • New York

This Amended and Restated Revolving Credit Agreement (as it may from time to time be supplemented, modified, amended, renewed, extended or supplanted, this “Agreement”), dated as of February 9, 2016, is entered into by and among WCI COMMUNITIES, INC., a Delaware corporation (the “Borrower”), each financial institution set forth on the signature pages of this Agreement or which from time to time becomes party hereto (collectively, the “Banks” and individually, a “Bank”), Citibank, N.A., as Administrative Agent, Bank of America, N.A., as Syndication Agent, and Citigroup Global Markets Inc. and Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Joint Lead Arrangers and Joint Book Managers.

ADDENDUM TO SECOND AMENDMENT TO REAL ESTATE BROKERAGE FRANCHISE AGREEMENT (Addendum to Residential Exclusivity Amendment)
Brokerage Franchise Agreement • February 22nd, 2016 • WCI Communities, Inc. • Operative builders

This Addendum to Second Amendment to Real Estate Brokerage Franchise Agreement (the “Addendum”) is made and entered into this 20th day of December, 2015 (the “Effective Date”), by and between BHH Affiliates, LLC, a Delaware limited liability company (“Franchisor”), and Watermark Realty, Inc., a Delaware corporation doing business in the State of Florida as Berkshire Hathaway HomeServices Florida Realty (“Franchisee”), with reference to the following facts:

This Instrument Prepared By And To Be Returned To: Mark K. Somerstein, Esq. Greenspoon Marder, P.A.
Agreement and Other Loan Documents • February 22nd, 2016 • WCI Communities, Inc. • Operative builders
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