Underwriting AgreementUnderwriting Agreement • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • New York
The stockholders named in Schedule II hereto (the “Selling Stockholders”) of Home Point Capital Inc., a Delaware corporation (the “Company”), propose, subject to the terms and conditions stated in this agreement (this “Agreement”), to sell to the Underwriters named in Schedule I hereto (the “Underwriters”) an aggregate of [•] shares (the “Firm Shares”) and, at the election of the Underwriters to cover over-allotments, if any, up to [•] additional shares (the “Optional Shares”) of common stock, par value $0.0000000072 per share (the “Stock”), of the Company. The Firm Shares and the Optional Shares that the Underwriters elect to purchase pursuant to Section 2 hereof are herein collectively called the “Shares.”
MASTER REPURCHASE AGREEMENT AND SECURITIES CONTRACT between BANK OF MONTREAL, as Buyer and HOME POINT FINANCIAL CORPORATION, as Seller Dated as of January 8, 2021Master Repurchase Agreement and Securities Contract • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • New York
This is a MASTER REPURCHASE AGREEMENT AND SECURITIES CONTRACT, dated as of January 8, 2021, between Home Point Financial Corporation, a New Jersey corporation (“Seller”), and BANK OF MONTREAL, a Canadian Chartered bank acting through its Chicago Branch (“Buyer”).
REGISTRATION RIGHTS AGREEMENT by and between HOME POINT CAPITAL INC. and the other parties hereto Dated as of [●], 2021Registration Rights Agreement • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • New York
THIS REGISTRATION RIGHTS AGREEMENT (this “Agreement”) is dated as of [●], 2021 and is by and between Home Point Capital Inc. (the “Company”) and the Holders (as defined below) from time to time party hereto.
STOCKHOLDERS’ AGREEMENT of HOME POINT CAPITAL INC. Dated as of [●], 2021Stockholders’ Agreement • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • Delaware
This STOCKHOLDERS’ AGREEMENT (as the same may be amended from time to time in accordance with its terms, this “Agreement”) is entered into as of [●], 2021, by and among Home Point Capital Inc., a Delaware corporation (the “Company”), and each of the stockholders of the Company whose name appears on the signature pages hereto (each, a “Stockholder” and collectively, the “Stockholders”).
SUBSTITUTE OPTION AGREEMENT UNDER THE HOME POINT CAPITAL INC.Substitute Option Agreement • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • Delaware
Pursuant to the terms and conditions of this Substitute Option Agreement (this “Option Agreement”) and the Home Point Capital Inc. 2021 Incentive Plan, as it may be amended and restated from time to time (the “Plan”), Home Point Capital Inc., a Delaware corporation (the “Company”), hereby grants to the Participant set forth on the signature page hereto (the “Participant”) the aggregate number of substitute Options set forth in the table on the signature page hereto, with each Option representing the right to purchase one share of Common Stock (collectively, the “Substitute Options”). The Substitute Options are “Substitute IPO Options” as set forth in the Plan. Capitalized terms not otherwise defined herein shall have the same meaning as set forth in the Plan.
THE GUARANTORS PARTY HERETOSupplemental Indenture • January 22nd, 2021 • Home Point Capital Inc. • Mortgage bankers & loan correspondents • New York
INDENTURE, dated as of January 19, 2021, by and among HOME POINT CAPITAL INC., a Delaware corporation, as the Issuer, the Guarantors (as defined herein) listed on the signature pages hereto, and US BANK NATIONAL ASSOCIATION, a national banking association, as Trustee.
