COMMITMENT INCREASE ACTIVATION NOTICE AND NEW LENDER SUPPLEMENT Date: October 12, 2023

Exhibit 10.2

EXECUTION VERSION

COMMITMENT INCREASE ACTIVATION NOTICE

AND NEW LENDER SUPPLEMENT

Date: October 12, 2023

To:    JPMorgan Chase Bank, N.A., as Administrative Agent
under the Credit Agreement referred to below

Reference is made to the Credit Agreement, dated as of October 13, 2022 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”; unless otherwise defined herein, terms defined therein being used herein as therein defined), among BEAZER HOMES USA, INC., a Delaware corporation (the “Borrower”), the lenders or other financial institutions that are parties thereto as lenders, including the Issuing Lenders (collectively, the “Lenders”), and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (the “Administrative Agent”).

This notice and supplement (this “Notice”) is an activation notice and a New Lender Supplement referred to in Section 2.21 of the Credit Agreement, and, in accordance with such Section, the Borrower and TEXAS CAPITAL BANK (“Texas Cap”), as applicable, hereby notify the Administrative Agent that:

1.The Borrower has requested that Texas Cap commit to provide a Commitment Increase (as defined in the Credit Agreement) in the amount of $25,000,000 (hereinafter, the “Commitment Increase”), and, subject to the satisfaction of the Increase Conditions (as defined below), Texas Cap hereby agrees to provide the Commitment Increase, effective as of the Increased Facility Closing Date specified below.

2.The Increased Facility Closing Date is October 12, 2023.

3.The agreement of Texas Cap to provide the Commitment Increase is subject to the satisfaction of the following conditions precedent as of the Increased Facility Closing Date and after giving effect to the Commitment Increase (the “Increase Conditions”):

(a) no Default or Event of Default shall have occurred and be continuing;

(b) each of the representations and warranties made by any Loan Party in or pursuant to the Loan Documents shall be true and correct in all material respects; provided that, to the extent any such representation and warranty is already qualified by materiality or reference to Material Adverse Effect, such representation shall be true and correct in all respects;

(c) the Administrative Agent shall have received a certificate from the Borrower to the effect of the immediately preceding sub-clauses (a) and (b); provided that, for the avoidance of doubt, the condition set forth in this clause (c) shall be satisfied upon the Administrative Agent’s receipt of this Notice, executed and delivered by the Borrower and Texas Cap;

(d) the Administrative Agent shall have received from each of the Borrower, Texas Cap and each Issuing Lender (delivery of which shall evidence such Issuing Xxxxxx’s consent to the transactions described herein) a counterpart of this Notice signed on behalf of such party;

(e) the Administrative Agent shall have countersigned this Notice evidencing its consent to the transactions described herein and the delivery of this Notice less than ten (10) Business Days prior to the Increased Facility Closing Date; and

(f) the Borrower shall have paid (or caused to be paid) to Texas Cap, for its own account, a commitment fee equal to $75,000.

4.In furtherance of the foregoing, the undersigned officer of the Borrower hereby certifies that (x) he is the duly elected and acting Senior Vice President and Chief Financial Officer of the Borrower and (y) in his capacity as such officer of the Borrower, and not in any individual capacity, as of the Increased Facility Closing Date and after giving effect to the Commitment Increase:

(a) no Default or Event of Default has occurred and is continuing; and

(b) each of the representations and warranties made by any Loan Party in or pursuant to the Loan Documents is true and correct in all material respects; provided that, to the extent any such representation and warranty is already qualified by materiality or reference to Material Adverse Effect, such representation is true and correct in all respects.

5.Upon execution and delivery of this Notice by the parties hereto as provided in Section 2.21 of the Credit Agreement, Texas Cap hereby becomes a Lender thereunder having the Commitment set forth in Schedule 1 attached hereto and shall be bound by the obligations in the Credit Agreement as a Lender and entitled to the benefits of the Credit Agreement, effective as of the Increased Facility Closing Date.

THIS NEW LENDER SUPPLEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK.

This New Lender Supplement may be executed by one or more of the parties hereto on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page hereof by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart hereof.

[Signature page follows]

2

BEAZER HOMES USA, INC.

By:			/s/ Xxxxx X. Xxxxxxxx
			Name: Xxxxx X. Xxxxxxxx
			Title: Senior Vice President and Chief Financial Officer

TEXAS CAPITAL BANK

By:			/s/ Xxxx X. Xxxxxxx
			Name: Xxxx X. Xxxxxxx
			Title: Executive Director

Accepted and agreed

as of the date first set forth above:

JPMORGAN CHASE BANK, N.A.,
as Administrative Agent and an Issuing Lender

By:			/s/ Xxxx Xxxxxxxx
			Name: Xxxx Xxxxxxxx
			Title: Vice President

REGIONS BANK, as an Issuing Lender

By:			/s/ Xxxxxx Xxxxxx
			Name: Xxxxxx Xxxxxx
			Title: Vice President

ROYAL BANK OF CANADA, as an Issuing Lender

By:			/s/ Xxxx Xxxxxxx
			Name: Xxxx Xxxxxxx
			Title: Authorized Signatory

[Signature Page to Commitment Increase Activation Notice and New Lender Supplement]

CREDIT SUISSE AG, NEW YORK BRANCH, as an Issuing Lender

By:			/s/ Xxxxxxx Xxxxxxxxxxx
			Name: Xxxxxxx Xxxxxxxxxxx
			Title: Authorized Signatory

By:			/s/ Heesu Sin
			Name: Xxxxx Xxx
			Title: Authorized Signatory

XXXXXXX XXXXX LENDING PARTNERS LLC, as an Issuing Lender

By:			/s/ Xxxx Xxxxxx
			Name: Xxxx Xxxxxx
			Title: Authorized Signatory

FLAGSTAR BANK, N.A., as an Issuing Lender

By:			/s/ Xxxxx Xxxxxxxxx
			Name: Xxxxx Xxxxxxxxx
			Title: Authorized Signatory

[Signature Page to Commitment Increase Activation Notice and New Lender Supplement]

Schedule 1

Commitment and Notice Address

1.    Name of Lender: Texas Capital Bank

2.    Notice Address:     Texas Capital Bank

        0000 Xxxxxxxx Xxxx., Xxxxx 000

        Richardson, Texas 75082

3.    Attention: Homebuilder and Community Finance

4.    Telephone: (000) 000-0000

5.    Email: Xxxx.Xxxxxxx@xxxxxxxxxxxxxxxx.xxx

6.    Commitment: $25,000,000