4.25% Convertible Notes due 2019Indenture • November 26th, 2014 • LGI Homes, Inc. • Operative builders • New York
INDENTURE dated as of November 21, 2014 between LGI Homes, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
THIRD AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 2nd, 2023 • LGI Homes, Inc. • Operative builders • New York
of the last day of the most recent calendar month with respect to which the Borrower is required to have delivered a certificate pursuant to Section 9.4(d), for:
THIRD AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 25, 2018, by and among LGI HOMES, INC., a Delaware corporation, as Borrower The financial institutions party hereto and their assignees under Section 13.6, as Lenders and WELLS FARGO Bank,...Credit Agreement • May 29th, 2018 • LGI Homes, Inc. • Operative builders • New York
THIS THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of May 25, 2018, by and among LGI HOMES, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC, as sole Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”) and FIFTH THIRD BANK and U.S. BANK NATIONAL ASSOCIATION (the “Documentation Agents”).
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT agreementCredit Agreement • May 5th, 2020 • LGI Homes, Inc. • Operative builders • New York
THIS FOURTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of May 6, 2019, by and among LGI HOMES, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, as sole Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”) and FIFTH THIRD BANK, NATIONAL ASSOCIATION and U.S. BANK NATIONAL ASSOCIATION (the “Documentation Agents”).
9,000,000 Shares LGI HOMES, INC. Common Stock ($0.01 par value) UNDERWRITING AGREEMENTUnderwriting Agreement • November 12th, 2013 • LGI Homes, Inc. • Operative builders • New York
LGI Homes, Inc., a Delaware corporation (the “Company”), proposes to sell to the several underwriters (the “Underwriters”) named on Schedule I hereto for whom you are acting as representatives (the “Representatives”) an aggregate of 9,000,000 shares (the “Firm Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). The respective amounts of the Firm Shares to be so purchased by the several Underwriters are set forth opposite their names on Schedule I hereto. The Company also proposes to sell at the Underwriters’ option an aggregate of up to 1,350,000 additional shares of Common Stock (the “Option Shares”) as set forth below.
SECOND AMENDMENT TO FOURTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 4th, 2020 • LGI Homes, Inc. • Operative builders • New York
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 20th, 2013 • LGI Homes, Inc. • Operative builders • Delaware
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made as of July 8, 2013 by and between LGI Homes, Inc., a Delaware corporation (the “Company”), and , a director and/or officer of the Company (the “Indemnitee”).
FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Dated as of April 28, 2021, by and among LGI HOMES, INC., a Delaware corporation, as Borrower THE FINANCIAL INSTITUTIONS PARTY HERETO AND THEIR ASSIGNEES UNDER SECTION 13.6, as Lenders and WELLS FARGO BANK,...Credit Agreement • May 4th, 2021 • LGI Homes, Inc. • Operative builders • New York
THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of April 28, 2021 by and among LGI HOMES, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, as sole Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”) and FIFTH THIRD BANK, NATIONAL ASSOCIATION, U.S. BANK NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., BANK OF THE WEST AND CITIZENS BANK, N.A. (the “Documentation Agents”).
PURCHASE AGREEMENT BY AND BETWEEN GTAM MALLARD LLC AND LGI HOMES, INC. August 28, 2013Purchase Agreement • November 18th, 2013 • LGI Homes, Inc. • Operative builders • New York
This Purchase Agreement is entered into on August 28, 2013, by and between GTAM Mallard LLC, a Delaware limited liability company (“Seller”), and LGI Homes, Inc., a Delaware corporation (“Buyer”). Seller and Buyer are referred to together herein as the “Parties.”
LGI HOMES, INC.Indenture • July 6th, 2018 • LGI Homes, Inc. • Operative builders • New York
INDENTURE (this “Indenture”) dated as of July 6, 2018 among LGI Homes, Inc., a Delaware corporation (the “Company”), the potential subsidiary guarantors listed on the signature pages hereto (the “Potential Subsidiary Guarantors”), and Wilmington Trust, National Association, a national banking association, as trustee (the “Trustee”).
LGI HOMES, INC. $400,000,000 7.000% Senior Notes due 2032 PURCHASE AGREEMENTPurchase Agreement • November 13th, 2024 • LGI Homes, Inc. • Operative builders • New York
LGI Homes, Inc., a Delaware corporation (the “Company”), and each of the Company’s subsidiaries listed in Schedule 2-3 attached hereto (the “Guarantors”) hereby confirm their agreement with you in your capacity as the representative (the “Representative”) of the several parties listed in Schedule 1 attached hereto (the “Initial Purchasers”), as set forth below.
EMPLOYMENT AGREEMENTEmployment Agreement • November 16th, 2018 • LGI Homes, Inc. • Operative builders • Texas
This EMPLOYMENT AGREEMENT (this “Agreement”), is entered into as of November 13, 2018 (the “Effective Date”), by and between LGI Homes, Inc., a Delaware corporation (the “Company”) and Eric Lipar, an individual (the “Executive”).
LGI HOMES, INC. Common Stock ($0.01 par value) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 8th, 2016 • LGI Homes, Inc. • Operative builders • New York
LGI Homes, Inc., a Delaware corporation (the “Company”), proposes to sell through the several sales agents named on Schedule I hereto (the “Sales Agents”), on the terms set forth in this equity distribution agreement (this “Agreement”), shares of its common stock, par value $0.01 per share (the “Common Stock”), having an aggregate gross sales price of up to $25,000,000 (the “Shares”). The respective portions of the Shares deemed to be purchased by the several Sales Agents upon each Time of Sale (as defined below) are set forth opposite their names on Schedule I hereto.
TEXAS CAPITAL BANK LOAN AGREEMENTLoan Agreement • October 28th, 2013 • LGI Homes, Inc. • Operative builders
THIS LOAN AGREEMENT (“Agreement”) is entered into as of November 4, 2010 between LGI HOMES - SUNRISE MEADOW, LTD., a Texas limited partnership (“Borrower”) whose address is 19221 IH-45 South, Suite 200, Conroe, Texas 77385 and TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a National banking corporation (“Lender”) whose address is 2000 McKinney Avenue, Suite 700, Dallas, Texas 75201, and Lender’s successors and assigns, with reference to the following facts:
LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENTLender Addition and Acknowledgement Agreement • March 9th, 2016 • LGI Homes, Inc. • Operative builders • New York
THIS LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT dated as of January 6, 2016 (this “Agreement”) is by and among each of the Persons identified as “Increasing Lenders” on the signature pages hereto (each, an “Increasing Lender”), LGI Homes, Inc., a Delaware corporation (the “Borrower”) and Wells Fargo Bank, National Association, as Administrative Agent (“Administrative Agent”). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement.
FIRST AMENDED AND RESTATED COMPANY AGREEMENT OF LGI HOMES GROUP, LLC (Texas)Company Agreement • August 28th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This First Amended and Restated Company Agreement of LGI Homes Group, LLC is executed as of the Effective Date, by each of the persons who signs this Agreement under the caption “Members” on the signature page of this Agreement.
LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT AND SECOND AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTSecond Amendment to Fifth Amended and Restated Credit Agreement • May 3rd, 2022 • LGI Homes, Inc. • Operative builders • New York
THIS FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) dated as of April 28, 2021 by and among LGI HOMES, INC., a corporation formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6 (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, with WELLS FARGO SECURITIES, LLC, as sole Lead Arranger and sole Bookrunner (in such capacities, the “Arranger”) and FIFTH THIRD BANK, NATIONAL ASSOCIATION, U.S. BANK NATIONAL ASSOCIATION, BANK OF AMERICA, N.A., BANK OF THE WEST AND CITIZENS BANK, N.A. (the “Documentation Agents”).
as Trustee First Supplemental IndentureFirst Supplemental Indenture • July 6th, 2018 • LGI Homes, Inc. • Operative builders • New York
FIRST SUPPLEMENTAL INDENTURE, dated as of July 6, 2018 (this “Supplemental Indenture”), to the Indenture dated as of July 6, 2018 (as amended, modified or supplemented from time to time in accordance therewith, the “Indenture”), by and among LGI HOMES, INC., a Delaware corporation (the “Company”), each of the Subsidiary Guarantors (as defined herein) and WILMINGTON TRUST, NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”).
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • June 21st, 2018 • LGI Homes, Inc. • Operative builders • New York
THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is dated as of June 19, 2018, by and among LGI HOMES, INC., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent for the Lenders (together with its successors and assigns, the “Administrative Agent”).
SECOND AMENDED AND RESTATED LOAN AGREEMENT between and TEXAS CAPITAL BANK, NATIONAL ASSOCIATIONLoan Agreement • February 5th, 2014 • LGI Homes, Inc. • Operative builders • Texas
This SECOND AMENDED AND RESTATED LOAN AGREEMENT (this “Agreement”) is dated as of January 17, 2014, and entered into by and between TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association (“Lender”), and (i) LGI HOMES GROUP, LLC, a Texas limited liability company, (ii) LGI HOMES-PRESIDENTIAL GLEN, LLC, a Texas limited liability company, (iii) LGI HOMES-QUAIL RUN, LLC, a Texas limited liability company, (iv) LGI HOMES-FW, LLC, a Texas limited liability company, (v) LGI HOMES-SAN TAN HEIGHTS, LLC, an Arizona limited liability company, (vi) LGI HOMES-TEXAS, LLC, a Texas limited liability company, (vii) LGI HOMES-DECKER OAKS, LLC, a Texas limited liability company, (viii) LGI HOMES AZ CONSTRUCTION, LLC, an Arizona limited liability company, (ix) LGI HOMES-WOODLAND CREEK, LLC, a Texas limited liability company, (x) LGI HOMES-LAKES OF MAGNOLIA, LLC, a Texas limited liability company, (xi) LGI HOMES-SALTGRASS, LLC, a Texas limited liability company, (xii) LGI HOMES – STEWARTS
ASSIGNMENT AND ASSUMPTION OF MEMBERSHIP INTERESTS (LGI GP, LLC and Thomas E. Lipar to LGI Homes, Inc.)Assignment and Assumption of Membership Interests • November 18th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This Assignment and Assumption of Membership Interests (“Agreement”) is made to be effective as of the 13th day of November, 2013, immediately following the conversions of the Companies, as defined below, to limited liability companies from limited partnerships (the “Effective Date”), by and among Thomas E. Lipar, a Texas resident (“Tom”), LGI GP, LLC, a Texas limited liability company (“General Partner” and together with Tom, “Assignors”) and LGI Homes, Inc., a Delaware corporation (“Assignee”).
PURCHASE AGREEMENTPurchase Agreement • November 19th, 2014 • LGI Homes, Inc. • Operative builders • New York
FIRST MODIFICATION AGREEMENTModification Agreement • March 13th, 2015 • LGI Homes, Inc. • Operative builders • Texas
This FIRST MODIFICATION AGREEMENT (this “Agreement”) is made as of September 30, 2014, by and among (i) LGI HOMES, INC., a Delaware corporation (“Parent”), and its Subsidiaries that have executed this Agreement as a Borrower (individually and collectively, “Borrower”), (ii) the undersigned Lenders, and (iii) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
LGI HOMES, INC., as Issuer THE SUBSIDIARY GUARANTORS PARTY HERETO, as Subsidiary Guarantors, and REGIONS BANK, as Trustee Fourth Supplemental Indenture Dated as of November 21, 2023 8.750% Senior Notes due 2028Fourth Supplemental Indenture • November 21st, 2023 • LGI Homes, Inc. • Operative builders • New York
FOURTH SUPPLEMENTAL INDENTURE, dated as of November 21, 2023 (this “Supplemental Indenture”), by and among LGI HOMES, INC., a Delaware corporation (the “Company”), each of the Subsidiary Guarantors (as defined herein) and REGIONS BANK, an Alabama state banking corporation, as trustee for the Notes (as defined herein) (the “Trustee”), to the Indenture, dated as of July 6, 2018 (the “Base Indenture” and, as amended, modified or supplemented from time to time in accordance therewith, the “Indenture”), by and among the Company, each of the Subsidiary Guarantors listed therein and Wilmington Trust, National Association, a national banking association, as trustee under the Base Indenture (“Wilmington”).
ASSIGNMENT, ASSUMPTION, JOINDER AND ADMISSION AGREEMENT (LGI Investment Fund III, LP to LGI Homes, Inc.)Assignment, Assumption, Joinder and Admission Agreement • November 18th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This Assignment, Assumption, Joinder and Admission Agreement (“Agreement”) is made to be effective as of the 13th day of November, 2013, immediately following the assignment from EDSS Holdings, LP of its interest in LGI Homes Group, LLC to Assignee, as defined below (the “Effective Date”), by and among LGI Investment Fund III, LP, a Texas limited partnership (“Assignor”), LGI Homes, Inc., a Delaware corporation (“Assignee”), LGI Homes Group, LLC, a Texas limited liability company (the “LGI Member”) and LGI Fund III Holdings, LLC, a Texas limited liability company (“Holdings”). Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the Company Agreement (defined below).
ASSIGNMENT, ASSUMPTION AND ADMISSION AGREEMENT (Thomas E. Lipar, Eric T. Lipar and RE Finance Partners, Ltd. to LGI Homes, Inc.)Assignment, Assumption and Admission Agreement • November 18th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This Assignment, Assumption and Admission Agreement (“Agreement”) is made to be effective as of the 13th day of November, 2013 (the “Effective Date”), by and among Thomas E. Lipar (“Tom”), Eric T. Lipar (“Eric”), both Texas residents, and RE Finance Partners, Ltd., a Texas limited partnership (“RE Finance” and collectively with Tom and Eric, “Assignors”), and LGI Homes, Inc., a Delaware corporation (“Assignee”). Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the Company Agreement (defined below).
LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENTLender Addition and Acknowledgement Agreement • January 4th, 2017 • LGI Homes, Inc. • Operative builders • New York
THIS LENDER ADDITION AND ACKNOWLEDGEMENT AGREEMENT dated as of December 28, 2016 (this “Agreement”) is by and among LGI Homes, Inc., a Delaware corporation (the “Borrower”), Wells Fargo Bank, National Association, as Administrative Agent (the “Administrative Agent”), and Texas Capital Bank, National Association (the “Additional Lender”). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement referenced herein.
LENDER ACKNOWLEDGEMENT AGREEMENTLender Acknowledgement Agreement • October 23rd, 2018 • LGI Homes, Inc. • Operative builders • New York
THIS LENDER ACKNOWLEDGEMENT AGREEMENT dated as of October 18, 2018 (this “Agreement”) is by and among LGI Homes, Inc., a Delaware corporation (the “Borrower”), Wells Fargo Bank, National Association, as an Increasing Lender (as defined below) and as Administrative Agent (the “Administrative Agent”), Fifth Third Bank, U.S. Bank National Association d/b/a Housing Capital Company, Bank of America, N.A., BMO Harris Bank N.A., Compass Bank, Flagstar Bank, FSB, Deutsche Bank AG New York Branch, ZB, N.A. dba Amegy Bank, Associated Bank, National Association, Academy Bank, N.A., and Sunflower Bank, N.A. (individually, and collectively, as the context may suggest or require, the “Increasing Lender”). Capitalized terms used herein but not otherwise defined herein shall have the meanings provided in the Credit Agreement referenced herein.
ASSIGNMENT, ASSUMPTION AND ADMISSION AGREEMENT (EDSS Holdings, LP and LGI Investment Fund II, LP to LGI Homes, Inc.)Assignment, Assumption and Admission Agreement • November 18th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This Assignment, Assumption and Admission Agreement (“Agreement”) is made to be effective as of the 13th day of November, 2013 (the “Effective Date”), by and among EDSS Holdings, LP, a Texas limited partnership (“EDSS”), LGI Investment Fund II, LP, a Texas limited partnership (“Fund II” and together with EDSS, “Assignors”), and LGI Homes, Inc., a Delaware corporation (“Assignee”). Capitalized terms not otherwise defined in this Agreement shall have the meanings ascribed to them in the Company Agreement (defined below).
LGI HOMES, INC. NOTICE OF STOCK APPRECIATION RIGHT AWARDStock Appreciation Right Award • September 20th, 2013 • LGI Homes, Inc. • Operative builders
Subject to the terms and conditions of this Notice of Stock Appreciation Right Award (this “Notice”), the Stock Appreciation Right Award Agreement attached hereto (the “Award Agreement”), and the LGI Homes, Inc. 2013 Equity Incentive Plan (the “Plan”), the below individual (the “Participant”) is hereby granted the below number of Stock Appreciation Rights (the “SARs”) in LGI Homes, Inc. (the “Company”). Unless otherwise specifically indicated, all terms used in this Notice shall have the meaning as set forth in the Award Agreement or the Plan.
LGI HOMES, INC. (AS AMENDED AND RESTATED MAY 4, 2017) NOTICE OF RESTRICTED STOCK UNIT AWARDRestricted Stock Unit Award Agreement • February 27th, 2018 • LGI Homes, Inc. • Operative builders • Texas
Subject to the terms and conditions of this Notice of Restricted Stock Unit Award (this “Notice”), the Restricted Stock Unit Award Agreement attached hereto (the “Award Agreement”), and the Amended and Restated LGI Homes, Inc. 2013 Equity Incentive Plan (as amended and restated May 4, 2017) (the “Plan”), LGI Homes, Inc. (the “Company”) hereby grants the individual designated below (the “Participant”) the number of Restricted Stock Units below (the “RSUs”). Unless otherwise specifically indicated, all terms used in this Notice shall have the meaning as set forth in the Award Agreement or the Plan, as applicable.
FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • May 3rd, 2022 • LGI Homes, Inc. • Operative builders • New York
THIS FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is dated as of February 22, 2022 (the “Effective Date”), by and among LGI HOMES, INC., a Delaware corporation (the “Borrower”), the Lenders (as defined below) party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, in its capacity as Administrative Agent for the Lenders (together with its successors and assigns, the “Administrative Agent”).
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • October 28th, 2013 • LGI Homes, Inc. • Operative builders
THIS AMENDED AND RESTATED LOAN AGREEMENT (“Agreement”) is entered into as of June 24, 2013, between LGI HOMES-CHATEAU WOODS, LLC, a Texas limited liability company, and LGI HOMES GROUP, LLC, a Texas limited liability company (collectively, the “Original Borrowers”), LGI HOMES-PRESIDENTIAL GLEN, LLC, a Texas limited liability company, LGI HOMES-QUAIL RUN, LLC, a Texas limited liability company LGI HOMES- FW, LLC, a Texas limited liability company, LGI HOMES-SAN TAN HEIGHTS, LLC, an Arizona limited liability company, LGI HOMES-TEXAS, LLC, a Texas limited liability company, LGI HOMES-DECKER OAKS, LLC, a Texas limited liability company and LGI HOMES AZ CONSTRUCTION, LLC, an Arizona limited liability company (collectively, with the Original Borrowers, the “Existing Borrowers”), together with LGI HOMES-WOODLAND CREEK, LLC, a Texas limited liability company, LGI HOMES-LAKES OF MAGNOLIA, LLC, a Texas limited liability company, and LGI HOMES-SALTGRASS, LLC, a Texas limited liability company, LG
LGI HOMES, INC. CONSULTING AGREEMENTConsulting Agreement • October 9th, 2013 • LGI Homes, Inc. • Operative builders • Texas
This Consulting Agreement (the “Agreement”), dated , 2013, by and between LGI Homes, Inc. (the “Company”) and Thomas E. Lipar, a resident of Montgomery County, Texas (“Consultant”). In consideration of the employment of Consultant by the Company and the mutual covenants and conditions herein set forth, the Company and Consultant hereby agree as follows:
COMMITMENT INCREASE AGREEMENTCommitment Increase Agreement • August 6th, 2014 • LGI Homes, Inc. • Operative builders • Texas
This COMMITMENT INCREASE AGREEMENT (this “Agreement”) is made as of July 31, 2014, by and among (i) LGI HOMES, INC., a Delaware corporation (“Parent”), and its Subsidiaries that have executed this Agreement as a Borrower (individually and collectively, “Borrower”), (ii) WOODFOREST NATIONAL BANK (“Woodforest”), (iii) FIFTH THIRD BANK (“Fifth Third”), and (iv) TEXAS CAPITAL BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (“Administrative Agent”).
