INDEMNIFICATION AGREEMENTIndemnification Agreement • November 20th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of November, 2019, by and between Broadmark Realty Capital Inc., a Maryland corporation (the “Company”), and the undersigned (“Indemnitee”).
AGREEMENT AND PLAN OF MERGER among READY CAPITAL CORPORATION, RCC MERGER SUB, LLC and BROADMARK REALTY CAPITAL INC. Dated as of February 26, 2023Agreement and Plan of Merger • February 28th, 2023 • Broadmark Realty Capital Inc. • Real estate investment trusts • Maryland
AGREEMENT AND PLAN OF MERGER, dated as of February 26, 2023 (this “Agreement”), by and among Ready Capital Corporation, a Maryland corporation (“Parent”), RCC Merger Sub, LLC, a Delaware limited liability company and wholly owned subsidiary of Parent (“Merger Sub”), and Broadmark Realty Capital Inc., a Maryland corporation (the “Company”).
AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • August 8th, 2022 • Broadmark Realty Capital Inc. • Real estate investment trusts
This AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”), dated as of April 29, 2022 (the “Effective Date”), is entered into by and between Broadmark Realty Capital Inc., a Maryland corporation (the “Company”), and Daniel Hirsty, an individual (“Employee”).
WARRANT AGREEMENT between TRINITY MERGER CORP. and CONTINENTAL STOCK TRANSFER & TRUST COMPANYWarrant Agreement • November 14th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
THIS WARRANT AGREEMENT (this “Agreement”), dated as of May 14, 2018, is by and between Trinity Merger Corp., a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the “Warrant Agent”, also referred to herein as the “Transfer Agent”).
EMPLOYMENT AGREEMENTEmployment Agreement • March 1st, 2023 • Broadmark Realty Capital Inc. • Real estate investment trusts
This EMPLOYMENT AGREEMENT (this “Agreement”), dated as of November 7, 2022, is entered into by and between Broadmark Realty Capital Inc., a Maryland corporation (the “Company”), and Jonathan Hermes, an individual (“Employee”).
FIRST AMENDMENT TO THE SUBSCRIPTION AGREEMENTSubscription Agreement • November 20th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO THE SUBSCRIPTION AGREEMENT (this “Agreement”), made as of [___________], 2019, is by and among Trinity Sub Inc., a Maryland corporation (the “Company”), and [___________], a [___________] (the “Subscriber”).
AMENDMENT OF WARRANT AGREEMENTWarrant Agreement • November 20th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
THIS AMENDMENT OF WARRANT AGREEMENT (this “Agreement”), made as of November 14, 2019, is made by and between Trinity Merger Corp, a Delaware corporation (the “Company”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (the “Warrant Agent”).
SUBSCRIPTION AGREEMENTSubscription Agreement • November 20th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
In connection with the proposed business combination (the “Transaction”) among Trinity Sub Inc., a Maryland corporation (the “Company”), Trinity Merger Corp, a Delaware corporation (the “SPAC”), and certain real estate lending funds and their related real estate management companies, in each case, affiliated with Broadmark Capital, LLC (collectively, the “Broadmark Entities”), the undersigned desires to subscribe for and purchase from the Company, and the Company desires to sell to the undersigned, such number of shares of the Company’s common stock, par value $0.001 per share (“Common Stock”), based on the “Subscription Amount” set forth on the signature page hereof (the “Initial Shares”) for a purchase price per share equal to the Reference Price (as defined in Merger Agreement) (the “Per Share Purchase Price”) and, at the election of the undersigned following the Closing (as defined below), up to such number of additional shares of Common Stock (the “Optional Shares” and, together w
SECOND AMENDMENT OF WARRANT AGREEMENTWarrant Agreement • November 20th, 2019 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
THIS SECOND AMENDMENT OF WARRANT AGREEMENT (this “Agreement”), made as of November 14, 2019, is made by and among Broadmark Realty Capital Inc., a Maryland corporation (“Broadmark Realty”), and Continental Stock Transfer & Trust Company, a New York corporation, as warrant agent (“Continental”), and American Stock Transfer & Trust Company, LLC, a New York limited liability trust company (“AST”).
TRINITY SUB INC.Trinity Sub Inc. • August 12th, 2019 • Maryland
We are pleased that you have agreed to serve as the Non-Executive Chairman of the Board of Directors of Trinity Sub Inc. (the “Company”). This letter sets forth the key terms and conditions for your service as Non-Executive Chairman. Reference is made to that certain Agreement and Plan of Merger (the “Merger Agreement”), dated as of August 9, 2019, by and among the Company, Trinity Merger Corp., a Delaware corporation, Trinity Merger Sub I, Inc., a Delaware corporation, Trinity Merger Sub II, LLC, a Delaware limited liability company, PBRELF I, LLC, a Washington limited liability company, BRELF II, LLC, a Washington limited liability company, BRELF III, LLC, a Washington limited liability company, BRELF IV, LLC, a Washington limited liability company, Pyatt Broadmark Management, LLC, a Washington limited liability company, Broadmark Real Estate Management II, LLC, a Washington limited liability company, Broadmark Real Estate Management III, LLC, a Washington limited liability company,
VOTING AGREEMENTVoting Agreement • February 28th, 2023 • Broadmark Realty Capital Inc. • Real estate investment trusts • Maryland
THIS VOTING AGREEMENT (this “Agreement”) is made and entered into as of February 26, 2023 by and between Broadmark Realty Capital Inc., a Maryland corporation (the “Company”), and Waterfall Management, LLC, a Delaware limited liability company (the “Stockholder”).
November 7, 2022 Kevin Luebbers Dear Kevin:Broadmark Realty Capital Inc. • March 1st, 2023 • Real estate investment trusts • Maryland
We are pleased that you have agreed to serve as the Interim President of Broadmark Realty Capital Inc. (the “Company”), in addition to your continuing service on the Board of Directors (the “Board”) of the Company. This letter sets forth the key terms and conditions for service as Interim President (“Interim President”).
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • March 1st, 2023 • Broadmark Realty Capital Inc. • Real estate investment trusts
This SEPARATION AND RELEASE Agreement (this “Separation Agreement”) is made and entered into this 2nd day of November, 2022, by and between Broadmark Realty Capital Inc. (“Company”), a Maryland corporation, and Brian Ward (“Executive”).
PERFORMANCE RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE Broadmark Realty Capital Inc. 2019 STOCK INCENTIVE PLANPerformance Restricted Stock Unit Agreement • May 10th, 2021 • Broadmark Realty Capital Inc. • Real estate investment trusts • Delaware
The grant pursuant to this agreement (this “Agreement”) is made as of the Grant Date, by Broadmark Realty Capital Inc. (the “Company”) to ______________ (the “Participant”).
AMENDMENT NO. 2Broadmark Realty Capital Inc. • November 7th, 2022 • Real estate investment trusts • New York
THIS AMENDMENT NO. 2 (this “Amendment”), dated as of November 4, 2022, is entered into by and between BROADMARK REALTY CAPITAL INC., a Maryland corporation (the “Borrower”), certain Lenders party to the Credit Agreement (as defined below) as of the date hereof and JPMOrgan CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
DISTRIBUTION AGREEMENTDistribution Agreement • March 3rd, 2021 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
BROADMARK REALTY CAPITAL INC. $100,000,000 5.00% Senior Notes due 2026 Note Purchase Agreement Dated November 12, 2021Defined Terms • November 17th, 2021 • Broadmark Realty Capital Inc. • Real estate investment trusts • New York
February 2, 2022 Jeffrey B. Pyatt Dear Jeff:Broadmark Realty Capital Inc. • February 7th, 2022 • Real estate investment trusts • Maryland
We are pleased that you have agreed to serve as the Chairman of the Board of Directors (the “Board”) of Broadmark Realty Capital Inc. (the “Company”) in connection with your resignation of employment from the Company. This letter sets forth the key terms and conditions for your resignation of employment and your future service as Chairman of the Board (“Chairman”).
SPONSOR AGREEMENTSponsor Agreement • August 12th, 2019 • Trinity Sub Inc. • Delaware
This SPONSOR AGREEMENT (the “Sponsor Agreement”), dated as of August 9, 2019, is entered into by and between HN Investors LLC, a Delaware limited liability company (“Sponsor”), Trinity Merger Corp., a Delaware corporation (“Trinity”), Trinity Sub Inc., a Maryland corporation (“PubCo”), PBRELF I, LLC, a Washington limited liability company (“Fund I”), BRELF II, LLC, a Washington limited liability company (“Fund II”), BRELF III, LLC, a Washington limited liability company (“Fund III”), and BRELF IV, LLC, a Washington limited liability company (“Fund IV” and, together with Fund I, Fund II and Fund III, the “Companies” and each a “Company”), Pyatt Broadmark Management, LLC, a Washington limited liability company (“MgCo I”), Broadmark Real Estate Management II, LLC, a Washington limited liability company (“MgCo II”), Broadmark Real Estate Management III, LLC, a Washington limited liability company (“MgCo III”), and Broadmark Real Estate Management IV, LLC, a Washington limited liability com
SEPARATION AND RELEASE AGREEMENTSeparation and Release Agreement • March 17th, 2020 • Broadmark Realty Capital Inc. • Real estate investment trusts • Washington
Whether an event constitutes a payment trigger of the Bonus will be determined by the Company, in its sole discretion. Payment of the Bonus shall be made as soon as practicable following the applicable triggering event, but no later than March 15th of the calendar year following the calendar year in which the triggering event occurs.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2020 • Broadmark Realty Capital Inc. • Real estate investment trusts
This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”), dated as of March 13, 2020, is entered into by and between Broadmark Realty Capital Inc. (formerly known as Trinity Sub Inc.), a Maryland corporation (the “Company”), and Joanne Van Sickle, an individual (“Employee”).
Independent Contractor AgreementIndependent Contractor Agreement • March 17th, 2020 • Broadmark Realty Capital Inc. • Real estate investment trusts • Washington
This INDEPENDENT CONTRACTOR Agreement (this “Agreement”) is made and entered into this 16th day of March, 2020, by and between Broadmark Realty Capital Inc. (“Company”), a Maryland corporation and Adam Fountain (“Contractor”).
November 7, 2022 Jeffrey B. Pyatt Dear Jeff:Broadmark Realty Capital Inc. • March 1st, 2023 • Real estate investment trusts • Maryland
We are pleased that you have agreed to serve as the Interim Chief Executive Officer of Broadmark Realty Capital Inc. (the “Company”), in addition to your continuing service as the Chairman of the Board of Directors (the “Board”) of the Company. This letter sets forth the key terms and conditions for service as Interim Chief Executive Officer of the Company (“Interim CEO”) and amends the provisions of the February 2, 2022 Letter Agreement between you and the Company (the “Letter Agreement”).
AMENDMENT NO. 1Broadmark Realty Capital Inc. • February 28th, 2022 • Real estate investment trusts • New York
THIS AMENDMENT NO. 1 (this “Amendment”), dated as of November 12, 2021, is entered into by and between BROADMARK REALTY CAPITAL INC., a Maryland corporation (the “Borrower”), and JPMORGAN CHASE BANK, N.A., as administrative agent (in such capacity, the “Administrative Agent”).
