EXHIBIT 10(ad)
FOURTH AMENDMENT TO CREDIT AGREEMENT
This FOURTH AMENDMENT TO CREDIT AGREEMENT (this "Amendment") is made as
of the 7th day of November, 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 LASALLE BANK NATIONAL
ASSOCIATION (the "Supplemental Lender").
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, a Second Amendment to Credit Agreement dated as of
October 6, 2003 and a Third Amendment to Credit Agreement dated as of October
29th, 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 additional
Commitments upon satisfaction of certain conditions. This Amendment requires
only the signature of the Borrower, the Agent and the Supplemental Lender so
long as the Aggregate Commitment is not increased above $350,000,000.
The Supplemental Lender is a new Lender which is a lending institution
whose identity Agent will approve by its signature below.
In consideration of the foregoing, the Supplemental Lender, from and
after the date hereof shall have a Commitment in the amount shown next to its
signature below and on Schedule 1 attached hereto, resulting in a new Aggregate
Commitment of $310,000,000 as of the date hereof, and the Supplemental Lender
hereby assumes all of the rights and obligations of a Lender under the Credit
Agreement.
The Borrower has executed and delivered to the Supplemental Lender as
of the date hereof, if requested by the Supplemental Lender, a new Note in the
form attached to the Credit Agreement as Exhibit A to evidence the Commitment of
the Supplemental Lender.
IN WITNESS WHEREOF, the Agent, the Borrower and the Supplemental
Lender have executed this Amendment as of the date shown above.
PULTE MORTGAGE LCC
By: /s/ John D'Augustino
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Name: John D'Augustino
Title: Vice President
BANK ONE, NA, individually and
as Agent
By: /s/ Rodney S. Davis
------------------------------------
Name: Rodney S. Davis
Title: Associate Director
Commitment: $35,000,000 LASALLE BANK NATIONAL ASSOCIATION
By: /s/ Terry M. Keating
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Name: Terry M. Keating
Title: Senior Vice President
Address for Notices:
135 S. LaSalle Street, Suite 1731
Chicago, Illinois 60603
Attn: Tim Pham
Phone: 312/904-4308
Fax: 312/904-2982
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BANK ONE, NA, individually and
as Agent
By: /s/ Rodney S. Davis
------------------------------------
Name: Rodney S. Davis
Title: Associate Director
Commitment: $35,000,000 LASALLE BANK NATIONAL ASSOCIATION
By: ____________________________________
Name: __________________________________
Title: _________________________________
Address for Notices:
135 S. LaSalle Street
Chicago, Illinois 60603
Attn:
Phone:
Fax:
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