DEALER]Call Option Transaction • March 3rd, 2023 • Encore Capital Group Inc • Short-term business credit institutions
The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [DEALER] (“Dealer”) and Encore Capital Group, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. Each party further agrees that this Confirmation together with the Agreement evidence a complete binding agreement between Counterparty and Dealer as to the subject matter and terms of the Transaction to which this Confirmation relates, and shall supersede all prior or contemporaneous written or oral communications with respect thereto.
ENCORE CAPITAL GROUP, INC. as Issuer and TRUIST BANK, as Trustee INDENTURE Dated as of March 3, 2023 4.00% Convertible Senior Notes due 2029Indenture • March 3rd, 2023 • Encore Capital Group Inc • Short-term business credit institutions • New York
Indenture, dated as of March 3, 2023, between Encore Capital Group, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and Truist Bank, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
CAPPED CALL EARLY UNWIND AGREEMENT dated as of February [28], 2023 between ENCORE CAPITAL GROUP, INC. and [BANK OF MONTREAL][CREDIT SUISSE INTERNATIONAL][BANK OF AMERICA, N.A.]Capped Call Early Unwind Agreement • March 3rd, 2023 • Encore Capital Group Inc • Short-term business credit institutions • New York
THIS EARLY UNWIND AGREEMENT (this “Agreement”) with respect to the Capped Call Transactions (as defined below) is made as of February [28], 2023 between Encore Capital Group, Inc. (the “Company”) and [Bank of Montreal][Credit Suisse International][Bank of America, N.A.] (“Dealer”).
