Current assets
EX-10.2 3 c70495exv10w2.htm EXHIBIT 10.2 Filed by Bowne Pure Compliance
Exhibit 10.2
RATIFICATION AND CONFIRMATION OF GUARANTY
This RATIFICATION AND CONFIRMATION OF GUARANTY (this Ratification) is made as of the 30th day of March, 2007 by the undersigned for the benefit of TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, as Administrative Agent (Agent), on behalf of itself and the other Lenders, and their Affiliates (Agent, other Lenders and their Affiliates, together with their successors and assigns, herein sometimes collectively called Beneficiaries).
Agent and Home Solutions of America, Inc., a Delaware corporation (the Borrower) and certain lenders entered into that certain Credit Agreement dated as of November 1, 2006 (as amended, modified, supplemented, and restated from time to time, the Credit Agreement).
The Borrower has requested and the Agent and Lenders have agreed to amend the Credit Agreement upon the terms and conditions contained in that certain First Amendment to Credit Agreement, dated as of the date hereof, by and among the Borrower, Agent and each of the Lenders that is a signatory thereto (individually, a Lender and collectively, the Lenders) (the Amendment).
Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in Credit Agreement.
Each Guarantor (a) consents and agrees to the terms of the Amendment and all other Loan Documents executed in connection therewith, (b) affirms that nothing contained in the Amendment shall modify, limit or otherwise alter in any respect whatsoever its obligations under the Guaranty, and (c) agrees that the Guaranty remains in full force and effect, continues to be legal, valid, binding, and enforceable in accordance with its terms, and that such Guaranty continues to guarantee the repayment Guaranteed Obligations (as defined in the Guaranty).
This Ratification shall be governed by, and construed in accordance with, the laws of the State of Texas.
This Ratification may be executed and delivered in any number of counterparts, and by different parties hereto on separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute one and the same instrument. Facsimile signatures shall be effective for all purposes regardless of whether Lender receives an originally executed copy of this Ratification.
[Remainder of the Page Intentionally Left Blank.]
EXECUTED as of the 30th day of March, 2007.
CORNERSTONE MARBLE & GRANITE, INC. | ||||
By: | /s/ Rick J. OBrien | |||
Rick J. OBrien | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
FIBER-SEAL SYSTEMS, L.P. | ||||
By: | FSS Holding Corp., | |||
its general partner |
By: | /s/ Rick J. OBrien | |||||
Rick J. OBrien | ||||||
President |
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
HOME SOLUTIONS RESTORATION OF LOUISIANA, INC. | ||||
By: | /s/ Gerald Avery | |||
Gerald Avery | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien |
Signature Page of Ratification and Confirmation of Guaranty
P.W. STEPHENS, INC. | ||||
By: | /s/ Scott Johnson | |||
Scott Johnson | ||||
President and Chief Executive Officer | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
SOUTHERN EXPOSURE UNLIMITED OF FLORIDA, INC. | ||||
By: | /s/ Dale Mars | |||
Dale Mars | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
S.E. TOPS OF FLORIDA, INC. | ||||
By: | /s/ Dale Mars | |||
Dale Mars | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien |
Signature Page of Ratification and Confirmation of Guaranty
FSS HOLDING CORP. | ||||
By: | /s/ Rick J. OBrien | |||
Rick J. OBrien | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
SOUTHERN EXPOSURE HOLDINGS, INC. | ||||
By: | /s/ Dale Mars | |||
Dale Mars | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien | ||||
FIRELINE RESTORATION, INC | ||||
By: | /s/ Brian Marshall | |||
Brian Marshall | ||||
President | ||||
Address for Notices: | ||||
1500 Dragon Street, Suite B | ||||
Dallas, Texas 75207 | ||||
Attn: Rick OBrien |
Signature Page of Ratification and Confirmation of Guaranty
ACKNOWLEDGED AND AGREED:
ADMINISTRATIVE AGENT:
TEXAS CAPITAL BANK, N.A.
By: | /s/ Ronald K. Baker | |||
Executive Vice President |
Signature Page of Ratification and Confirmation of Guaranty