Certificate of Formation Amendment. If and as required, the Company will file an amendment to its certificate of formation with the Secretary of State of the State of Delaware to change its name to a name agreed to by the Committers in their reasonable discretion promptly following such determination.

Amendment to Compliance Certificate. Exhibit E to the Loan Agreement is hereby amended and restated in its entirety to read in full as set forth on Exhibit E to this Amendment (deleted text is indicated by strikethrough formatting; added text is indicated in bold, italicized and underscored type).

“Certificate of Incorporation” shall mean the Restated Certificate of Incorporation of the Company, dated November 28, 2016, as amended by the Certificate of Amendment, dated May 19, 2017, and as may be further amended or amended and restated from time to time;

Amendment to Certificate of Incorporation or Bylaws. Permit any amendment to, or any alteration of, its Certificate of Incorporation or its bylaws, which amendment or alteration could reasonably be expected to have a Material Adverse Effect.

Amendment to Certificate of Incorporation or Bylaws. Permit any amendment to, or any alteration of, its Certificate of Incorporation or its bylaws, which amendment or alteration could reasonably be expected to have a Material Adverse Effect.

Certificate of Incorporation and Bylaws. In addition to any approvals required by Applicable Law, any amendment, modification, supplement or restatement to the Certificate of Incorporation or Bylaws # made during the Restricted Period must be approved by a majority of the Fairmount Independent Directors and # made after the Restricted Period, if such amendment, modification, supplement or restatement is inconsistent with the rights of the Stockholders under this Agreement at such time, must be approved by a majority of the Fairmount Independent Directors.

Amendment to Certificate of Incorporation. The Company shall have filed the Amendment with the Secretary of State of Delaware on or prior to the Closing.

Attached hereto as Exhibit A are true, correct and complete copies of the Certificate of Incorporation, Articles of Incorporation or Articles of Organization, as applicable, for each of Hovnanian and the Subsidiary Guarantors listed on [Schedule B] hereto (the “Covered Guarantors”) and such Certificate of Incorporation, Articles of Incorporation and Certificate of Formation are in full force and effect as of the date hereof, there having been no amendments or other documents filed affecting such Certificate of Incorporation, Articles of Incorporation or Articles of Organization of Hovnanian or the Covered Guarantors and no such amendment has been authorized.

Amendment to Certificate of Incorporation. The Company shall adopt and file with the Secretary of State of the State of Delaware on or before the Closing (as defined in Section 2) an amendment (the “Amendment”) to the Certificate of Incorporation in the form of Exhibit B attached to this Agreement (as amended by the Amendment, the “Certificate of Incorporation”).

Amended and Restated Certificate of Incorporation. The Amended and Restated Certificate of Incorporation of the Company shall have been duly executed by the Company and duly filed with the Secretary of State of Delaware, and the Purchasers shall have received evidence of such execution and filing.