EX-99.4 8 a2083193zex-99_4.txt EXHIBIT 99.4 EXHIBIT 99.4 K. HOVNANIAN ENTERPRISES, INC. NOTICE OF GUARANTEED DELIVERY OFFER TO EXCHANGE ITS 8.000% SENIOR NOTES DUE 2012 AND 8.875% SENIOR SUBORDINATED NOTES DUE 2012 WHICH HAVE BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, FOR ANY AND ALL OF ITS OUTSTANDING 8.000% SENIOR NOTES DUE 2012 AND OUTSTANDING 8.875% SENIOR SUBORDINATED NOTES DUE 2012 This form must be used by a Holder of the 8.000% Senior Notes due 2012 or the 8.875% Senior Subordinated Notes due 2012, as applicable, guaranteed by the Guarantors (collectively, the "Outstanding Notes") of K. Hovnanian Enterprises, Inc. (the "Issuer") who wishes to tender Outstanding Notes to the Exchange Agent pursuant to the guaranteed delivery procedures described in "The Exchange Offer--Guaranteed Delivery Procedures" of the Prospectus dated , 2002 (the "Prospectus") and in Instruction 2 to the Letter of Transmittal. Any Holder who wishes to tender Outstanding Notes pursuant to such guaranteed delivery procedures must ensure that the Exchange Agent receives this Notice of Guaranteed Delivery prior to the Expiration Date of the Exchange Offer. Capitalized terms not defined herein have the meanings ascribed to them in the Prospectus or the Letter of Transmittal. To: Wachovia Bank, National Association (formerly known as First Union National Bank) (the "Exchange Agent") By Overnight Mail or Courier: By Hand: By Mail: Wachovia Bank, N.A. Wachovia Bank, N.A. Wachovia Bank, N.A. Attn: Marsha Rice Attn: Marsha Rice Attn: Marsha Rice Corporate Trust Operations Corporate Trust Operations Corporate Trust Operations Reorg. Reorg. Reorg. 1525 West W.T. Harris Blvd. 1525 West W.T. Harris Blvd. 1525 West W.T. Harris Blvd. Charlotte, NC 28262 Charlotte, NC 28288-1153 Charlotte NC 28288-1153 By Facsimile Transmission: (704) 590-7628 Confirm by Telephone: (704) 590-7413 Information: (704) 590-7413
DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY TO AN ADDRESS OTHER THAN AS SET FORTH ABOVE OR TRANSMISSION VIA A FACSIMILE NUMBER OTHER THAN AS SET FORTH ABOVE WILL NOT CONSTITUTE A VALID DELIVERY. Please read the accompanying instructions carefully. Ladies and Gentlemen: The undersigned hereby tenders to the Issuer, upon the terms and conditions set forth in the Prospectus and the related Letter of Transmittal (which together constitute the "Exchange Offer"), receipt of which are hereby acknowledged, the principal amount of 8.000% Senior Notes due 2012 and/or 8.875% Senior Subordinated Notes due 2012, as applicable, set forth below pursuant to the guaranteed delivery procedures described in the Prospectus and in Instruction 2 of the Letter of Transmittal. The undersigned understands and acknowledges that the Exchange Offer will expire at 5:00 p.m., New York City time, on , 2002, unless extended by the Issuer. With respect to the Exchange Offer, "Expiration Date" means such time and date, or if the Exchange Offer is extended, the latest time and date to which the Exchange Offer is so extended by the Issuer. All authority herein conferred or agreed to be conferred by this Notice of Guaranteed Delivery shall survive the death or incapacity of the undersigned and every obligation of the undersigned under this Notice of Guaranteed Delivery shall be binding upon the heirs, personal representatives, executors, administrators, successors, assigns, trustees in bankruptcy and other legal representatives of the undersigned. ------------------------------------------------------ SIGNATURES ________________________________________________________________________________ SIGNATURE OF OWNER ________________________________________________________________________________ SIGNATURE OF OWNER (IF MORE THAN ONE) Dated: ___________________________________________________________________, 2002 Name(s): _______________________________________________________________________ ________________________________________________________________________________ (PLEASE PRINT) Address: _______________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ (INCLUDE ZIP CODE) Area Code and Telephone No.: ___________________________________________________ Capacity (full title), if signing in a representative capacity: ________________________________________________________________________________ Taxpayer Identification or Social Security No.: ________________________________________________________________________________ ------------------------------------------------------ ------------------------------------------------------ Principal amount of 8.000% Senior Notes due 2012: Exchanged: $ ___________________________________________________________________ Certificate Nos. of 8.000% Senior Notes due 2012 (if available): _______________ ________________________________________________________________________________ Total: $________________________________________________________________________ ------------------------------------------------------ ------------------------------------------------------ Principal amount of 8.875% Senior Subordinated Notes due 2012: Exchanged: $____________________________________________________________________ Certificate Nos. of 8.875% Senior Subordinated Notes due 2012 (if available): ________________________________________________________________________________ ________________________________________________________________________________ Total: $ _______________________________________________________________________ ------------------------------------------------------ ------------------------------------------------------ IF OUTSTANDING NOTES WILL BE DELIVERED BY BOOK-ENTRY TRANSFER, PROVIDE THE DEPOSITORY TRUST COMPANY ("DTC") ACCOUNT NO.: Account No.: ___________________________________________________________________ ------------------------------------------------------ -------------------------------------------------------------------------------- GUARANTEE OF DELIVERY (NOT TO BE USED FOR SIGNATURE GUARANTEE) The undersigned, a member of a registered national securities exchange, or a member of the National Association of Securities Dealers, Inc., or a clearing agency, insured credit union, a savings association or a commercial bank or trust company having an office or correspondent in the United States, hereby guarantees that the certificates representing the principal amount of Outstanding Notes tendered hereby in proper form for transfer, together with a properly completed and duly executed Letter of Transmittal (or a manually signed facsimile thereof) with any required signature guarantee and any other documents required by the Letter of Transmittal, or timely confirmation of the book-entry transfer of such Outstanding Notes into the Exchange Agent's account at The Depository Trust Company pursuant to the procedures set forth in "The Exchange Offer--Guaranteed Delivery Procedures" section of the Prospectus, will be received by the Exchange Agent at the address set forth above, prior to the Expiration Date. Name _______________________________________________________________________ Address ____________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Area Code and Telephone No.: _______________________________________________ ____________________________________________________________________________ AUTHORIZED SIGNATURE Name _______________________________________________________________________ PLEASE TYPE OR PRINT Title ______________________________________________________________________ Dated ___________________, 2002 ---------------------------------------------------------------------------- NOTE: DO NOT SEND OUTSTANDING NOTE CERTIFICATES WITH THIS FORM. ACTUAL SURRENDER OF CERTIFICATES FOR OUTSTANDING NOTES SHOULD BE SENT WITH THE LETTER OF TRANSMITTAL. INSTRUCTIONS FOR NOTICE OF GUARANTEED DELIVERY 1. DELIVERY OF THIS NOTICE OF GUARANTEED DELIVERY. A properly completed and duly executed copy of this Notice of Guaranteed Delivery and any other documents required by this Notice of Guaranteed Delivery must be received by the Exchange Agent at its address set forth herein prior to the Expiration Date. The method of delivery of this Notice of Guaranteed Delivery and any other required documents to the Exchange Agent is at the election and risk of the Holder and the delivery will be deemed made only when actually received by the Exchange Agent. If delivery is by mail, registered mail with return receipt requested, properly insured, is recommended. Instead of delivery by mail, it is recommended that the Holder use an overnight or hand delivery service. In all cases sufficient time should be allowed to assure timely delivery. For a description of the guaranteed delivery procedure, see Instruction 2 of the Letter of Transmittal. 2. SIGNATURES ON THIS NOTICE OF GUARANTEED DELIVERY. If this Notice of Guaranteed Delivery is signed by the registered Holder(s) of the Outstanding Notes referred to herein, the signatures must correspond with the name(s) written on the face of the Outstanding Notes without alteration, addition, enlargement, or any change whatsoever. If this Notice of Guaranteed Delivery is signed by a person other than the registered Holder(s) of any Outstanding Notes listed, this Notice of Guaranteed Delivery must be accompanied by appropriate bond powers, signed as the name of the registered Holder(s) appear(s) on the Outstanding Notes. If this Notice of Guaranteed Delivery is signed by a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation, or other person acting in a fiduciary or representative capacity, such person should so indicate when signing. 3. QUESTIONS AND REQUESTS FOR ASSISTANCE OR ADDITIONAL COPIES. Questions and requests for assistance and requests for additional copies of the Prospectus may be directed to the Exchange Agent at the address specified in the Prospectus. Holders may also contact their broker, dealer, commercial bank, trust company, or other nominee for assistance concerning the Exchange Offer.