Operative builders Sample Contracts

June 7th, 2019 · Common Contracts · 1000 similar
M/I Homes of Alabama, LLCM/I HOMES, INC. and
March 11th, 2013 · Common Contracts · 863 similar
M I Homes IncM/I HOMES, INC. 2,140,000 Common Shares Underwriting Agreement

M/I Homes, Inc., an Ohio corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of 2,140,000 common shares, par value $0.01 per share, of the Company (the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional 321,000 common shares of the Company (the “Option Shares”). The Underwritten Shares and the Option Shares are herein referred to as the “Shares.” The common shares of the Company to be outstanding after giving effect to the sale of the Shares are referred to herein as the “Stock”.

September 8th, 2008 · Common Contracts · 705 similar
NVR IncNVR, INC. and THE BANK OF NEW YORK AS TRUSTEE INDENTURE DATED AS OF April 14, 1998 SENIOR DEBT SECURITIES

Attention should also be directed to Section 318(c) of the Trust Indenture Act, which provides that the provisions of Sections 310 to and including 317 of the Trust Indenture Act are a part of and govern every qualified indenture, whether or not physically contained therein.

June 29th, 2017 · Common Contracts · 677 similar
Horton D R Inc /De/AGREEMENT AND PLAN OF MERGER BY AND AMONG D.R. HORTON, INC., FORCE MERGER SUB, INC. AND FORESTAR GROUP INC. DATED AS OF JUNE 29, 2017

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of June 29, 2017, is by and among D.R. Horton, Inc., a Delaware corporation (“Parent”), Force Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Forestar Group Inc., a Delaware corporation (the “Company” and together with the Parent and the Merger Sub, the “Parties”).

May 25th, 2018 · Common Contracts · 675 similar
William Lyon HomesCREDIT AGREEMENT among WILLIAM LYON HOMES, INC., as Borrower, WILLIAM LYON HOMES, as Parent, THE LENDERS FROM TIME TO TIME PARTY HERETO, and JPMORGAN CHASE BANK, N.A., as Administrative Agent Dated as of May 21, 2018 JPMORGAN CHASE BANK, N.A., CITIBANK, ...

CREDIT AGREEMENT (this “Agreement”) dated as of May 21, 2018, among WILLIAM LYON HOMES, INC., a California corporation (the “Borrower”), WILLIAM LYON HOMES, a Delaware corporation (“Parent”), the lenders from time to time party hereto (the “Lenders”) and JPMORGAN CHASE BANK, N.A., as Administrative Agent (as hereinafter defined).

November 13th, 2019 · Common Contracts · 654 similar
Beazer Homes Usa IncBEAZER HOMES USA, INC.

WHEREAS, the Company has generated NOLs (as defined in Section 1 hereof) for United States federal income tax purposes; and such NOLs may potentially provide valuable tax benefits to the Company; the Company desires to avoid an “ownership change” within the meaning of Section 382 of the Internal Revenue Code of 1986, as amended (the “Code”) and the Treasury Regulations promulgated thereunder, and thereby preserve the ability to utilize fully such NOLs and certain other tax benefits; and, in furtherance of such objective, the Company desires to enter into this Agreement; and

May 28th, 2013 · Common Contracts · 581 similar
William Lyon HomesINDEMNIFICATION AGREEMENT

This Indemnification Agreement (“Agreement”) is made as of , 2013 by and between William Lyon Homes, a Delaware corporation (the “Company”), and [•] (“Indemnitee”).

December 29th, 2008 · Common Contracts · 476 similar
Ryland Group IncRIGHTS AGREEMENT dated as of December 18, 2008 between THE RYLAND GROUP, INC. and AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC as Rights Agent

RIGHTS AGREEMENT, dated as of December 18, 2008 (the “Agreement”), between The Ryland Group, Inc., a Maryland corporation (the “Company”), and American Stock Transfer & Trsut Company, LLC (the “Rights Agent”).

May 18th, 2017 · Common Contracts · 472 similar
AV Homes, Inc.SENIOR NOTES INDENTURE Dated as of May 18, 2017 Among AV HOMES, INC., THE SUBSIDIARY GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee 6.625% SENIOR NOTES DUE 2022

INDENTURE, dated as of May 18, 2017, among AV Homes, Inc., a Delaware corporation (the “Company”), the Subsidiary Guarantors listed on the signature pages hereto and Wilmington Trust, National Association, a national banking association, as Trustee.

June 20th, 2013 · Common Contracts · 464 similar
AV Homes, Inc.AV Homes, Inc. and Computershare Shareowner Services LLC Rights Agreement Dated as of June 19, 2013

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”).

June 26th, 2014 · Common Contracts · 382 similar
WCI Communities, Inc.WCI COMMUNITIES, INC. REGISTRATION RIGHTS AGREEMENT

WCI Communities, Inc., a Delaware corporation (the “Issuer”), proposes to issue and sell to Citigroup Global Markets Inc. (the “Initial Purchaser”), upon the terms set forth in a purchase agreement dated June 23, 2014 (the “Purchase Agreement”), $50,000,000 aggregate principal amount of its 6.875% Senior Notes due 2021 (the “Initial Securities”) to be unconditionally guaranteed (the “Guarantees”) by the subsidiaries of the Issuer listed on Schedule I hereto (the “Guarantors” and together with the Issuer, the “Company”). The Initial Securities will be issued pursuant to that certain indenture (the “Original Indenture”), dated as of August 7, 2013, as supplemented by that certain first supplemental indenture, dated as of April 28, 2014 (the “First Supplemental Indenture”), and as further supplemented by that certain second supplemental indenture, dated as of the date hereof (the “Second Supplemental Indenture” and, together with the Original Indenture and the First Supplemental Indenture

December 8th, 2015 · Common Contracts · 329 similar
New Home Co Inc.THE NEW HOME COMPANY INC. 3,500,000 Shares 1 Common Stock ($0.01 par value) Underwriting Agreement

The New Home Company Inc., a corporation organized under the laws of Delaware (the “Company”), proposes to sell to the several underwriters named in Schedule II hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, the number of shares of common stock, $0.01 par value (“Common Stock”), of the Company set forth in Schedule I hereto (the “Securities”) (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to the number of additional shares of Common Stock set forth in Schedule I hereto (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Under

July 1st, 2014 · Common Contracts · 322 similar
AV Homes, Inc.REGISTRATION RIGHTS AGREEMENT

This REGISTRATION RIGHTS AGREEMENT, dated as of June 30, 2014 (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”).

February 19th, 2016 · Common Contracts · 298 similar
DiVosta Homes Holdings, LLCPULTEGROUP, INC. AND ANY GUARANTORS PARTIES HERETO INDENTURE Dated as of TRUSTEE Subordinated Debt Securities

INDENTURE dated as of [ ], 20[ ], among PULTEGROUP, INC., a Michigan corporation (“Company”), having its principal office at 3350 Peachtree Road Northeast, Suite 150, Atlanta, Georgia, 30326, each of the Guarantors (as defined herein) parties hereto and [ ], a [ ], as trustee (“Trustee”).

December 1st, 2020 · Common Contracts · 279 similar
Green Brick Partners, Inc.GREEN BRICK PARTNERS, INC. as Issuer, and as Trustee FORM OF INDENTURE Dated as of Debt Securities

THIS INDENTURE, dated as of , by and between Green Brick Partners, Inc., a Delaware corporation (the “Issuer”), and [ ], a national banking association, as trustee (the “Trustee”).

January 21st, 2010 · Common Contracts · 246 similar
Beazer Homes Usa IncJUNIOR SUBORDINATED INDENTURE between BEAZER HOMES USA, INC. and WILMINGTON TRUST COMPANY, as Trustee Dated as of January 15, 2010

JUNIOR SUBORDINATED INDENTURE, dated as of January 15, 2010, between BEAZER HOMES USA, INC., a Delaware (the “Company”), and WILMINGTON TRUST COMPANY, a Delaware banking corporation, as Trustee (in such capacity, the “Trustee”).

July 14th, 1998 · Common Contracts · 237 similar
Biltmore South CorpAND
June 21st, 2006 · Common Contracts · 232 similar
Beazer Homes Usa IncAMENDED AND RESTATED TRUST AGREEMENT

THIS AMENDED AND RESTATED TRUST AGREEMENT, dated as of June 15, 2006, among (i) Beazer Homes USA, Inc., a Delaware corporation (including any successors or permitted assigns, the “Depositor”), (ii) JPMorgan Chase Bank, National Association, a national banking association, as property trustee (in such capacity, the “Property Trustee”), (iii) Chase Bank USA, National Association, a national banking association, as Delaware trustee (in such capacity, the “Delaware Trustee”), (iv) James O’Leary, an individual, Kenneth J. Gary, an individual and Cory J. Boydston, an individual, each of whose address is c/o Beazer Homes USA, Inc., 1000 Abernathy Road, Suite 1200, Atlanta, GA 30328, as administrative trustees (in such capacities, each an “Administrative Trustee” and, collectively, the “Administrative Trustees” and, together with the Property Trustee and the Delaware Trustee, the “Trustees”) and (v) the several Holders, as hereinafter defined.

May 19th, 2006 · Common Contracts · 224 similar
Meritage Homes CORPFIRST AMENDED AND RESTATED CREDIT AGREEMENT

This FIRST AMENDED AND RESTATED CREDIT AGREEMENT (“Agreement”) is entered into as of May 16, 2006, among MERITAGE HOMES CORPORATION, a Maryland corporation (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), GUARANTY BANK, as Administrative Agent and Swing Line Lender, JPMORGAN CHASE BANK, N.A., as Syndication Agent, and WACHOVIA BANK, NATIONAL ASSOCIATION and BANK OF AMERICA, N.A., as Co-Documentation Agents.

September 24th, 2019 · Common Contracts · 219 similar
Beazer Homes Usa IncIndenture DATED AS OF SEPTEMBER 24, 2019 AMONG Beazer Homes USA, Inc., The Subsidiary Guarantors Named on Schedule I Hereto, AND U.S. Bank National Association, AS TRUSTEE 7.250% SENIOR NOTES DUE 2029

INDENTURE, dated as of September 24, 2019, among Beazer Homes USA, Inc., a Delaware corporation (the “Company”), the Subsidiary Guarantors (as defined herein) listed on the signature pages hereto and U.S. Bank National Association, as Trustee.

July 1st, 2015 · Common Contracts · 216 similar
Green Brick Partners, Inc.17,000,000 Shares GREEN BRICK PARTNERS, INC. Common Stock UNDERWRITING AGREEMENT
March 11th, 2005 · Common Contracts · 213 similar
Wci Communities IncAND
September 28th, 2009 · Common Contracts · 192 similar
Avatar Holdings Inc2,250,000 Shares Avatar Holdings Inc. Common Stock, par value $1.00 per share UNDERWRITING AGREEMENT

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.

December 30th, 2002 · Common Contracts · 180 similar
Whitemark Homes IncWHITEMARK HOMES INC. PLACEMENT AGENT AGREEMENT
January 18th, 2005 · Common Contracts · 171 similar
China World Trade CorpEX-10.1 STANDBY EQUITY DISTRIBUTION AGREEMENT -------------------------------------
January 18th, 2005 · Common Contracts · 169 similar
China World Trade CorpREGISTRATION RIGHTS AGREEMENT (this "Agreement"), dated as of October ___, --------- 2004 by and between CHINA WORLD TRADE CORPORATION, a Nevada corporation, with its principal office located at _______________________ (the "Company"), and ------- ...
November 5th, 2010 · Common Contracts · 167 similar
Beazer Homes Usa IncEMPLOYMENT AGREEMENT

AGREEMENT by and between Beazer Homes USA, Inc., a Delaware corporation (the “Company”) and ROBERT L. SALOMON (the “Executive”), dated as of the 29th day of February, 2008.

July 8th, 2013 · Common Contracts · 146 similar
UCP, Inc.Class A Common Stock ($0.01 par value) Underwriting Agreement

UCP, Inc., a corporation organized under the laws of Delaware (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, shares of Class A common stock, par value $0.01 per share (“Common Stock”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to additional shares of Common Stock to cover over-allotments, if any (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires. Ce

June 7th, 2018 · Common Contracts · 143 similar
AV Homes, Inc.AGREEMENT AND PLAN OF MERGER by and among TAYLOR MORRISON HOME CORPORATION, TAYLOR MORRISON COMMUNITIES, INC. (solely for purposes of Sections 5.13, 7.3 and 8.14), THOR MERGER SUB, INC. and AV HOMES, INC. Dated as of June 7, 2018

This AGREEMENT AND PLAN OF MERGER, dated as of June 7, 2018 (this “Agreement”), is made by and among Taylor Morrison Home Corporation, a Delaware corporation (“Parent”); solely for purposes of Sections 5.13, 7.3 and 8.14, Taylor Morrison Communities, Inc., a Delaware corporation and an indirect subsidiary of Parent (“Intermediate Parent”); Thor Merger Sub, Inc., a Delaware corporation and an indirect subsidiary of Parent (“Merger Sub”); and AV Homes, Inc., a Delaware corporation (the “Company”). All capitalized terms used in this Agreement shall have the meanings assigned to such terms in Section 8.4, Section 8.5 or as otherwise defined elsewhere in this Agreement, unless the context clearly indicates otherwise.

April 30th, 2002 · Common Contracts · 136 similar
Florida Lifestyle Management CoEXHIBIT 4.3 WCI COMMUNITIES, INC. AND THE GUARANTORS LISTED ON THE SIGNATURE PAGES HERETO SERIES A AND SERIES B 9-1/8 % SENIOR SUBORDINATED NOTES DUE 2012
June 10th, 2005 · Common Contracts · 126 similar
Hovnanian Enterprises IncHOVNANIAN ENTERPRISES, INC., , As Depositary AND THE HOLDERS FROM TIME TO TIME OF THE DEPOSITARY RECEIPTS DESCRIBED HEREIN

DEPOSIT AGREEMENT dated as of , among HOVNANIAN ENTERPRISES, INC., a Delaware corporation, , a corporation, and the holders from time to time of the Receipts described herein.

July 19th, 2012 · Common Contracts · 124 similar
Beazer Homes Usa IncINDENTURE Dated as of July 18, 2012 Among BEAZER HOMES USA, INC., THE SUBSIDIARY GUARANTORS NAMED ON SCHEDULE I HERETO, U.S. BANK NATIONAL ASSOCIATION, as Trustee and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Notes Collateral Agent 6.625% SENIOR SECURED ...

INDENTURE, dated as of July 18, 2012, among Beazer Homes USA, Inc., a Delaware corporation (the “Company”), the Subsidiary Guarantors (as defined herein) listed on the signature pages hereto, U.S. Bank National Association, as Trustee, and Wilmington Trust, National Association, as Notes Collateral Agent.

April 10th, 2009 · Common Contracts · 120 similar
Pulte Homes Inc/Mi/AGREEMENT AND PLAN OF MERGER by and among PULTE HOMES, INC., PI NEVADA BUILDING COMPANY and CENTEX CORPORATION Dated as of April 7, 2009

AGREEMENT AND PLAN OF MERGER, dated as of April 7, 2009 (the “Agreement”), among Pulte Homes, Inc., a Michigan corporation (“Parent”), Pi Nevada Building Company, a Nevada corporation and a direct wholly owned subsidiary of Parent (“Merger Sub”) and Centex Corporation, a Nevada corporation (the “Company”).

November 12th, 2010 · Common Contracts · 119 similar
M I Homes IncFORM OF ASSIGNMENT FOR 144A NOTES AND OTHER NOTES THAT ARE RESTRICTED NOTES] (Insert assignee’s social security or tax I.D. number)

If neither of the foregoing boxes is checked, the Trustee or Registrar shall not be obligated to register this Note in the name of any person other than the Holder hereof unless and until the conditions to any such transfer of registration set forth herein and in Sections 2.16 and 2.17 of the Indenture shall have been satisfied.

May 18th, 2017 · Common Contracts · 111 similar
AV Homes, Inc.CREDIT AGREEMENT among AV HOMES, INC., as Borrower, and The Several Lenders from Time to Time Parties Hereto, and JPMORGAN CHASE BANK, N.A., as an Issuing Lender and Administrative Agent and CITIBANK, N.A., as Syndication Agent Dated as of May 18, 2017 ...

CREDIT AGREEMENT (this “Agreement”), dated as of May 18, 2017, among AV HOMES, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), JPMORGAN CHASE BANK, N.A., as an Issuing Lender and Administrative Agent (each as hereinafter defined) and CITIBANK, N.A., as Syndication Agent (in such capacity, the “Syndication Agent”).