RESTRICTED STOCK UNIT AGREEMENT PURSUANT TO THE LOANDEPOT, INC. 2021 OMNIBUS INCENTIVE PLANRestricted Stock Unit Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
THIS RESTRICTED STOCK UNIT AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between loanDepot, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the loanDepot, Inc. 2021 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
RESTRICTED STOCK AGREEMENT PURSUANT TO THE LOANDEPOT, INC. 2021 OMNIBUS INCENTIVE PLANRestricted Stock Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
THIS RESTRICTED STOCK AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between loanDepot, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the loanDepot, Inc. 2021 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
NONQUALIFIED STOCK OPTION AGREEMENT PURSUANT TO THE LOANDEPOT, INC. 2021 OMNIBUS INCENTIVE PLANNonqualified Stock Option Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
THIS NON-QUALIFIED STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between loanDepot, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the loanDepot, Inc. 2021 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
INCENTIVE STOCK OPTION AGREEMENT PURSUANT TO THE LOANDEPOT, INC. 2021 OMNIBUS INCENTIVE PLANIncentive Stock Option Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
THIS INCENTIVE STOCK OPTION AWARD AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between loanDepot, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the loanDepot, Inc. 2021 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
STOCK APPRECIATION RIGHTS AGREEMENT PURSUANT TO THE LOANDEPOT, INC. 2021 OMNIBUS INCENTIVE PLANStock Appreciation Rights Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
THIS STOCK APPRECIATION RIGHTS AGREEMENT (this “Agreement”), dated as of the Grant Date specified above, is entered into by and between loanDepot, Inc., a corporation organized in the State of Delaware (the “Company”), and the Participant specified above, pursuant to the loanDepot, Inc. 2021 Omnibus Incentive Plan, as in effect and as amended from time to time (the “Plan”), which is administered by the Committee; and
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED MASTER REPURCHASE...Master Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
BARCLAYS BANK PLC, in its capacity as purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” or a “Purchaser”) and agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”),
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED SIXTH AMENDED AND...Loan and Security Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
THIS SIXTH AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (“Agreement”) is made as of November [ ], 2018 (the “Effective Date”), by and between loanDepot.com, LLC, a Delaware limited liability company, with an address at 26642 Towne Center Drive, Foothill Ranch, California 92610 (“Borrower”) and TIAA, FSB, formerly known as EverBank, a federal savings association, with an address at 100 Summer Street, Suite 3232, Boston, Massachusetts 02110 (“Bank”), under the following circumstances:
MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
With respect to each Mortgage Loan, (i) as of the Purchase Date for the purchase of any Purchased Mortgage Loans by Buyer from Seller and as of the date of this Agreement and any Transaction hereunder, and (ii) at all times while the Transaction Documents or any Transaction hereunder is in force and effect, Seller represents and warrants to Buyer that each of the statements set forth as lettered items of this Exhibit B is true and correct. For purposes of this Exhibit B and the representations and warranties set forth herein, a breach of a representation or warranty shall be deemed to have been cured with respect to a Mortgage Loan if and when Seller has taken or caused to be taken action such that the event, circumstance or condition that gave rise to such breach no longer adversely affects such Mortgage Loan. With respect to each Loan Level Representation that is made to the best of Seller’s knowledge, if it is discovered by Seller or Buyer that the substance of such Loan Level Repre
ContractMortgage Warehouse Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Texas
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED
FORM OF TAX RECEIVABLE AGREEMENT by and among loanDepot, Inc., and the Recipients that are parties hereto dated as of [____________]Tax Receivable Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Delaware
This TAX RECEIVABLE AGREEMENT (as amended from time to time, this “Agreement”), dated as of [________], is hereby entered into by and among loanDepot, Inc., a Delaware corporation (the “Corporation”), LD Holdings Group LLC, a Delaware limited liability company (“loanDepot”), and the initial Recipients identified below. Capitalized terms used and not otherwise defined herein have the meanings set forth in Article I.
INDENTURE LOANDEPOT AGENCY ADVANCE RECEIVABLES TRUST, as Issuer and CITIBANK, N.A., as Indenture Trustee, Calculation Agent, Paying Agent, Custodian and Securities Intermediary and LOANDEPOT.COM, LLC, as Servicer and as Administrator and JPMORGAN...loanDepot, Inc. • January 21st, 2021 • Finance services • New York
THIS INDENTURE (as amended, supplemented, restated, or otherwise modified from time to time, the “Indenture”), is made and entered into as of September 24, 2020 (the “Closing Date”) by and among LOANDEPOT AGENCY ADVANCE RECEIVABLES TRUST, a statutory trust organized under the laws of the State of Delaware (the “Issuer”), CITIBANK, N.A., a national banking association (“Citibank”), in its capacity as Indenture Trustee (the “Indenture Trustee”), and as Calculation Agent, Paying Agent, Custodian and Securities Intermediary (in each case, as defined below), LOANDEPOT.COM, LLC, a limited liability company organized in the State of Delaware, as servicer (“Servicer”) and as administrator (“Administrator”), and JPMORGAN CHASE BANK, N.A., a national banking association (“JPMorgan”), as Administrative Agent (as defined below).
FOURTH AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Texas
THIS FOURTH AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this “Amendment”) is entered into as of December [__], 2015 (the “Fourth Amendment Date”), between LOANDEPOT.COM, LLC, a Delaware limited liability company (“Borrower”), and NEXBANK SSB (“Lender”).
AMENDMENT NUMBER TWELVE to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement dated as of July 17, 2015 between BANK OF AMERICA, N.A. andloanDepot, Inc. • January 21st, 2021 • Finance services • New York
THIS AMENDMENT NUMBER TWELVE (this “Amendment”) is made as of the 26th day of September, 2019, by and between Bank of America, N.A. (“Purchaser”) and loanDepot.com, LLC (“Seller”) to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement, dated as of July 17, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), between Purchaser and Seller.
EMPLOYMENT AGREEMENTEmployment Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • California
This Employment Agreement (this “Agreement”) is entered into this 30th day of December, 2009, (the “Effective Date”), by and between loanDepot.com, LLC, a Delaware limited liability company (the “Employer”), and Anthony Hsieh (“Executive”) (together, the “Parties” and each a “Party”). Except as otherwise indicated herein, capitalized terms used herein are defined in Section 9.14.
EIGHTH AMENDMENT AND WAIVER TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Texas
THIS EIGHTH AMENDMENT AND WAIVER TO CREDIT AND SECURITY AGREEMENT (this “Amendment”) is entered into as of October 24, 2018, between LOANDEPOT.COM, LLC, a Delaware limited liability company (“Borrower”), and NEXBANK SSB (with its participants, successors and assigns, “Lender”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED EXECUTION VERSION...loanDepot, Inc. • January 21st, 2021 • Finance services • New York
FIFTH AMENDMENT TO LEASE (Towne Centre Plaza)Lease • January 21st, 2021 • loanDepot, Inc. • Finance services
THIS FIFTH AMENDMENT TO LEASE (“Fifth Amendment”) is made and entered into as of the 14th day of October, 2014, by and between ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited partnership (“Landlord”), and LOAN DEPOT.COM, LLC, a Delaware limited liability company (“Tenant”).
FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENTCredit and Security Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • Texas
THIS FIRST AMENDMENT TO CREDIT AND SECURITY AGREEMENT (this “Amendment”) is entered into as of May 29, 2015 (the “First Amendment Date”), between LOANDEPOT.COM, LLC, a Delaware limited liability company (“Borrower”), and NEXBANK SSB (“Lender”).
EXECUTION VERSION CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED...Mortgage Loan Participation Purchase and Sale Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
This is a MORTGAGE LOAN PARTICIPATION PURCHASE AND SALE AGREEMENT (“Agreement”), dated as of February 28, 2013, between JEFFERIES MORTGAGE FUNDING, LLC (“Purchaser”) and LOANDEPOT.COM, LLC (“Seller”).
SIXTH AMENDMENT TO LEASE (Towne Centre Plaza)Lease • January 21st, 2021 • loanDepot, Inc. • Finance services
THIS SIXTH AMENDMENT TO LEASE (“Sixth Amendment”) is made and entered into as of the 1st day of May, 2015, by and between ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited partnership (“Landlord”) and LOANDEPOT.COM, LLC, a Delaware limited liability company, formerly known as loanDepot.com Lending, LLC (“Tenant”).
THIRD AMENDMENT TO LEASE (Towne Centre Plaza)Lease • January 21st, 2021 • loanDepot, Inc. • Finance services
THIS THIRD AMENDMENT TO LEASE (“Third Amendment”) is made and entered into as of the 27th day of March, 2014, by and between ARDEN REALTY LIMITED PARTNERSHIP, a Maryland limited partnership (“Landlord”), and LOANDEPOT.COM LENDINGLC, a Delaware limited liability company (“Tenant”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTEDMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
This AMENDMENT NUMBER FOUR to the Master Repurchase Agreement and AMENDMENT NUMBER TWO to the Mortgage Loan Participation Purchase and Sale Agreement (this “Amendment”) is made as of this 2nd day of November, 2015, by and between Jefferies Funding LLC (f/k/a Jefferies Mortgage Funding, LLC) (“Buyer”) and loanDepot.com, LLC (“Seller”) to (a) the Master Repurchase Agreement, dated as of November 21, 2013, as amended, supplemented or otherwise modified from time to time (the “Repurchase Agreement”), between Buyer and Seller and (b) the Mortgage Loan Participation Purchase and Sale Agreement, dated as of February 28, 2013, as amended, supplemented or otherwise modified from time to time (the “Participation Agreement” and together with the Repurchase Agreement, the “Agreements”), between Buyer and Seller.
AMENDMENT NUMBER FOUR to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement dated as of July 17, 2015 between BANK OF AMERICA, N.A. andloanDepot, Inc. • January 21st, 2021 • Finance services • New York
This AMENDMENT NUMBER FOUR (this “Amendment”) is made as of the 14th day of July, 2017 (the “Effective Date”), by and between Bank of America, N.A. (“Purchaser”) and loanDepot.com, LLC (“Seller”) to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement, dated as of July 17, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), between Purchaser and Seller.
FOURTEENTH AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services
The Parties have agreed to amend (for the fourteenth time) the Master Repurchase Agreement dated June 3, 2016 between them (the “Original MRA”, as amended by the First Amendment to Master Repurchase Agreement dated October 19, 2016, the 12/16 Rewarehousing Letter Agreement, the Second Amendment to Master Repurchase Agreement dated February 28, 2017, the Third Amendment to Master Repurchase Agreement dated June 2, 2017, the Fourth Amendment to Master Repurchase Agreement dated August 31, 2017, the Fifth Amendment to Master Repurchase Agreement dated October 30, 2017, the Sixth Amendment to Master Repurchase Agreement dated November 10, 2017, the Seventh Amendment to Master Repurchase Agreement dated August 30, 2018, the Eighth Amendment to Master Repurchase Agreement dated October 15, 2018, the Ninth Amendment to Master Repurchase Agreement dated November 30, 2018, the Tenth Amendment to Master Repurchase Agreement dated April 30, 2019, the Eleventh Amendment to Master Repurchase Agreem
AMENDED AND RESTATED MORTGAGE LOAN PARTICIPATION PURCHASE AND SALE AGREEMENT between LOANDEPOT.COM, LLC, Seller and BANK OF AMERICA, N.A., Purchaser Dated as of July 17, 2015Mortgage Loan Participation Purchase and Sale • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
This AMENDED AND RESTATED MORTGAGE LOAN PARTICIPATION PURCHASE AND SALE AGREEMENT (this “Agreement”), is made and entered into as of July 17, 2015, between Bank of America, N.A. (“Purchaser”) and loanDepot.com, LLC (“Seller”).
AMENDMENT NUMBER TWO to the Second Amended and Restated Master Repurchase Agreement Dated as of January 2, 2018 between JEFFERIES FUNDING LLC (f/k/a JEFFERIES MORTGAGE FUNDING, LLC) and LOANDEPOT.COM, LLCMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
This AMENDMENT NUMBER TWO (this “Amendment”) is made as of this 1st day of November, 2019, by and between Jefferies Funding LLC (“Buyer”) and loanDepot.com, LLC (“Seller”) to the Second Amended and Restated Master Repurchase Agreement, dated as of January 2, 2018 (as amended, supplemented and otherwise modified from time to time, the “Agreement”), between Buyer and Seller.
NINTH AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services
The Parties have agreed to amend (for the ninth time) the Master Repurchase Agreement dated June 3, 2016 between them (the “Original MRA”, as amended by the First Amendment to Master Repurchase Agreement dated October 19, 2016, the 12/16 Rewarehousing Letter Agreement, the Second Amendment to Master Repurchase Agreement dated February 28, 2017, the Third Amendment to Master Repurchase Agreement dated June 2, 2017, the Fourth Amendment to Master Repurchase Agreement dated August 31, 2017, the Fifth Amendment to Master Repurchase Agreement dated October 30, 2017, the Sixth Amendment to Master Repurchase Agreement dated November 10, 2017, the Seventh Amendment to Master Repurchase Agreement dated August 30, 2018 and the Eighth Amendment to Master Repurchase Agreement dated October 15, 2018, the “Amended MRA” and as amended hereby and as further supplemented, amended or restated from time to time, the “MRA”), to extend the latest Termination Date, add a sublimit for Correspondent Loans and
SECOND AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services
TIAA BANKloanDepot, Inc. • January 21st, 2021 • Finance services • New York
This Fourth Amendment is made as of the 18th day of November, 2019 (the “Amendment Effective Date”), to that certain Sixth Amended and Restated Loan and Security Agreement, dated November 28, 2018, as amended (the “Agreement”), by and between loanDepot.com, LLC (“Borrower”) and TIAA, FSB, formerly known as EverBank (“Bank”).
TIAA BANKloanDepot, Inc. • January 21st, 2021 • Finance services • New York
This First Amendment is made as of the 31st day of May, 2019 (the “Amendment Effective Date”), to that certain Sixth Amended and Restated Loan and Security Agreement, dated November 28, 2018, as amended (the “Agreement”), by and between loanDepot.com, LLC (“Borrower”) and TIAA, FSB, formerly known as EverBank (“Bank”).
EIGHTH AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services
The Parties have agreed to amend (for the eighth time) the Master Repurchase Agreement dated June 3, 2016 between them (the “Original MRA”, as amended by the First Amendment to Master Repurchase Agreement dated October 19, 2016, the 12/16 Rewarehousing Letter Agreement, the Second Amendment to Master Repurchase Agreement dated February 28, 2017, the Third Amendment to Master Repurchase Agreement dated June 2, 2017, the Fourth Amendment to Master Repurchase Agreement dated August 31, 2017, the Fifth Amendment to Master Repurchase Agreement dated October 30, 2017, the Sixth Amendment to Master Repurchase Agreement dated November 10, 2017 and the Seventh Amendment to Master Repurchase Agreement dated August 30, 2018, the “Amended MRA” and as amended hereby and as further supplemented, amended or restated from time to time, the “MRA”), to extend the latest Termination Date.
AMENDMENT NUMBER FIVE to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement dated as of July 17, 2015 between BANK OF AMERICA, N.A. andloanDepot, Inc. • January 21st, 2021 • Finance services • New York
THIS AMENDMENT NUMBER FIVE (this “Amendment”) is made as of the 12th day of March, 2018 (the “Effective Date”), by and between Bank of America, N.A. (“Purchaser”) and loanDepot.com, LLC (“Seller”) to the Amended and Restated Mortgage Loan Participation Purchase and Sale Agreement, dated as of July 17, 2015 (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”), between Purchaser and Seller.
FIFTH AMENDMENT TO MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services
The Parties have agreed to amend (for the fifth time) the Master Repurchase Agreement dated June 3, 2016 between them (the “Original MRA”, as amended by the First Amendment to Master Repurchase Agreement dated October 19, 2016, the 12/16 Rewarehousing Letter Agreement (defined below), the Second Amendment to Master Repurchase Agreement dated February 28, 2017, the Third Amendment to Master Repurchase Agreement dated June 2, 2017 and the Fourth Amendment to Master Repurchase Agreement dated August 31, 2017, the “Amended MRA” and as amended hereby and as further supplemented, amended or restated from time to time, the “MRA”), to add a sublimit for Aggregation Loans, and they hereby amend the Amended MRA as follows.
TIAA BANKloanDepot, Inc. • January 21st, 2021 • Finance services • New York
This Fifth Amendment is made as of the 23rd day of March, 2020 (the “Amendment Effective Date”), to that certain Sixth Amended and Restated Loan and Security Agreement, dated November 28, 2018, as amended (the “Agreement”), by and between loanDepot.com, LLC (“Borrower”) and TIAA, FSB, formerly known as EverBank (“Bank”).
CERTAIN IDENTIFIED INFORMATION HAS BEEN EXCLUDED FROM THE EXHIBIT BECAUSE IT IS BOTH NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE REGISTRANT IF PUBLICLY DISCLOSED. [***] INDICATES THAT INFORMATION HAS BEEN REDACTED AMENDMENT NUMBER ONE...Sale Agreement • January 21st, 2021 • loanDepot, Inc. • Finance services • New York
This AMENDMENT NUMBER ONE (this “Amendment”) is made as of this 21st day of November, 2013, by and between Jefferies Mortgage Funding, LLC (“Purchaser”) and loanDepot.com, LLC (“Seller”) to the Mortgage Loan Participation Purchase and Sale Agreement, dated as of Feburary 28, 2013 (the “Agreement”), between Purchaser and Seller.
