0001193125-21-252733 Sample Contracts

Standard Contracts

UPSTART HOLDINGS, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of August 20, 2021 0.25% Convertible Senior Notes due 2026
Indenture • August 20th, 2021 • Upstart Holdings, Inc. • Finance services • New York

INDENTURE dated as of August 20, 2021 between Upstart Holdings, Inc., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. Bank National Association, a national banking association organized under the laws of the United States, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

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Dealer Dealer Address]
Call Option Transaction • August 20th, 2021 • Upstart Holdings, Inc. • Finance services

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [_______] (“Dealer”) and Upstart Holdings, Inc., a Delaware corporation (“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 (as defined below) 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.

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