MERITAGE HOMES CORPORATION, as the Company EACH OF THE SUBSIDIARY GUARANTORS FROM TIME TO TIME PARTY HERETO, as Subsidiary Guarantors AND REGIONS BANK, as Trustee INDENTURE Dated as of May 9, 2024Indenture • May 9th, 2024 • Meritage Homes CORP • Operative builders • New York
INDENTURE dated as of May 9, 2024 among MERITAGE HOMES CORPORATION, a Maryland corporation, as issuer (the “Company,” as more fully set forth in Section 1.01), the Subsidiary Guarantors (as more fully set forth in Section 1.01) and REGIONS BANK, an Alabama banking corporation, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
May 7, 2024Call Option Transaction • May 9th, 2024 • Meritage Homes CORP • Operative builders
The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated May 6, 2024 (the “Offering Memorandum”) relating to the 1.75% Convertible Senior Notes due 2028 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD 500,000,000 (as increased by an aggregate principal amount of USD 75,000,000 pursuant to the exercise by the Initial Purchasers (as defined below) of their option to purchase additional Convertible Notes pursuant to the Purch
May 6, 2024Base Call Option Transaction • May 9th, 2024 • Meritage Homes CORP • Operative builders
The definitions and provisions contained in the 2002 ISDA Equity Derivatives Definitions (the “Equity Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”), are incorporated into this Confirmation. In the event of any inconsistency between the Equity Definitions and this Confirmation, this Confirmation shall govern. Certain defined terms used herein are based on terms that are defined in the Offering Memorandum dated May 6, 2024 (the “Offering Memorandum”) relating to the [__]% Convertible Senior Notes due 2028 (as originally issued by Counterparty, the “Convertible Notes” and each USD 1,000 principal amount of Convertible Notes, a “Convertible Note”) issued by Counterparty in an aggregate initial principal amount of USD 500,000,000 (as increased by up to an aggregate principal amount of USD 75,000,000 if and to the extent that the Initial Purchasers (as defined below) exercise their option to purchase additional Convertible Notes pursuant to
