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Caliber Home Loans, Inc. – IPO: ‘S-1/A’ on 10/6/20 – ‘EX-10.102’

On:  Tuesday, 10/6/20, at 5:39pm ET   ·   As of:  10/7/20   ·   Accession #:  1193125-20-264871   ·   File #:  333-249240

Previous ‘S-1’:  ‘S-1’ on 10/2/20   ·   Next:  ‘S-1/A’ on 10/21/20   ·   Latest:  ‘S-1/A’ on 1/21/21   ·   3 References:   

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  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

10/07/20  Caliber Home Loans, Inc.          S-1/A      10/06/20  101:13M                                    Donnelley … Solutions/FA

Initial Public Offering (IPO):  Pre-Effective Amendment to Registration Statement (General Form)   —   Form S-1   —   SA’33
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: S-1/A       Pre-Effective Amendment to Registration Statement   HTML    119K 
                (General Form)                                                   
 2: EX-5.1      Opinion of Counsel re: Legality                     HTML     28K 
88: EX-10.100   Material Contract                                   HTML    186K 
89: EX-10.101   Material Contract                                   HTML     30K 
90: EX-10.102   Material Contract                                   HTML     28K 
91: EX-10.103   Material Contract                                   HTML    402K 
92: EX-10.104   Material Contract                                   HTML     37K 
93: EX-10.105   Material Contract                                   HTML     68K 
94: EX-10.106   Material Contract                                   HTML    461K 
95: EX-10.107   Material Contract                                   HTML     30K 
96: EX-10.108   Material Contract                                   HTML    116K 
97: EX-10.109   Material Contract                                   HTML    257K 
98: EX-10.110   Material Contract                                   HTML    991K 
99: EX-10.111   Material Contract                                   HTML     56K 
100: EX-10.112   Material Contract                                   HTML     53K  
101: EX-10.113   Material Contract                                   HTML     44K  
 3: EX-10.14    Material Contract                                   HTML    398K 
 4: EX-10.15    Material Contract                                   HTML    333K 
 5: EX-10.16    Material Contract                                   HTML     90K 
 6: EX-10.17    Material Contract                                   HTML     66K 
 7: EX-10.18    Material Contract                                   HTML    395K 
 8: EX-10.19    Material Contract                                   HTML     36K 
 9: EX-10.20    Material Contract                                   HTML     32K 
10: EX-10.21    Material Contract                                   HTML     31K 
11: EX-10.22    Material Contract                                   HTML     32K 
12: EX-10.23    Material Contract                                   HTML     38K 
13: EX-10.24    Material Contract                                   HTML     48K 
14: EX-10.25    Material Contract                                   HTML     37K 
15: EX-10.26    Material Contract                                   HTML     55K 
16: EX-10.27    Material Contract                                   HTML     44K 
17: EX-10.28    Material Contract                                   HTML     41K 
18: EX-10.29    Material Contract                                   HTML     32K 
19: EX-10.30    Material Contract                                   HTML    298K 
20: EX-10.31    Material Contract                                   HTML     37K 
21: EX-10.32    Material Contract                                   HTML     34K 
22: EX-10.33    Material Contract                                   HTML    369K 
23: EX-10.34    Material Contract                                   HTML     67K 
24: EX-10.35    Material Contract                                   HTML     31K 
25: EX-10.36    Material Contract                                   HTML     31K 
26: EX-10.37    Material Contract                                   HTML     38K 
27: EX-10.38    Material Contract                                   HTML     49K 
28: EX-10.39    Material Contract                                   HTML     51K 
29: EX-10.40    Material Contract                                   HTML     49K 
30: EX-10.41    Material Contract                                   HTML     42K 
31: EX-10.42    Material Contract                                   HTML     32K 
32: EX-10.43    Material Contract                                   HTML     48K 
33: EX-10.44    Material Contract                                   HTML     36K 
34: EX-10.45    Material Contract                                   HTML    453K 
35: EX-10.46    Material Contract                                   HTML     28K 
36: EX-10.47    Material Contract                                   HTML     42K 
37: EX-10.48    Material Contract                                   HTML     31K 
38: EX-10.49    Material Contract                                   HTML     32K 
39: EX-10.50    Material Contract                                   HTML     36K 
40: EX-10.51    Material Contract                                   HTML     31K 
41: EX-10.52    Material Contract                                   HTML     40K 
42: EX-10.53    Material Contract                                   HTML    528K 
43: EX-10.54    Material Contract                                   HTML     32K 
44: EX-10.55    Material Contract                                   HTML     49K 
45: EX-10.56    Material Contract                                   HTML     31K 
46: EX-10.57    Material Contract                                   HTML     29K 
47: EX-10.58    Material Contract                                   HTML     34K 
48: EX-10.59    Material Contract                                   HTML     31K 
49: EX-10.60    Material Contract                                   HTML     30K 
50: EX-10.61    Material Contract                                   HTML     43K 
51: EX-10.62    Material Contract                                   HTML     34K 
52: EX-10.63    Material Contract                                   HTML     34K 
53: EX-10.64    Material Contract                                   HTML    660K 
54: EX-10.65    Material Contract                                   HTML     30K 
55: EX-10.66    Material Contract                                   HTML     66K 
56: EX-10.67    Material Contract                                   HTML    125K 
57: EX-10.68    Material Contract                                   HTML     28K 
58: EX-10.69    Material Contract                                   HTML     84K 
59: EX-10.70    Material Contract                                   HTML     45K 
60: EX-10.71    Material Contract                                   HTML     39K 
61: EX-10.72    Material Contract                                   HTML     86K 
62: EX-10.73    Material Contract                                   HTML     48K 
63: EX-10.74    Material Contract                                   HTML    412K 
64: EX-10.76    Material Contract                                   HTML    370K 
65: EX-10.77    Material Contract                                   HTML     50K 
66: EX-10.78    Material Contract                                   HTML     30K 
67: EX-10.79    Material Contract                                   HTML     34K 
68: EX-10.80    Material Contract                                   HTML     33K 
69: EX-10.81    Material Contract                                   HTML     52K 
70: EX-10.82    Material Contract                                   HTML     32K 
71: EX-10.83    Material Contract                                   HTML     36K 
72: EX-10.84    Material Contract                                   HTML     30K 
73: EX-10.85    Material Contract                                   HTML     30K 
74: EX-10.86    Material Contract                                   HTML     29K 
75: EX-10.87    Material Contract                                   HTML     32K 
76: EX-10.88    Material Contract                                   HTML     32K 
77: EX-10.89    Material Contract                                   HTML     45K 
78: EX-10.90    Material Contract                                   HTML     42K 
79: EX-10.91    Material Contract                                   HTML    413K 
80: EX-10.92    Material Contract                                   HTML     41K 
81: EX-10.93    Material Contract                                   HTML     32K 
82: EX-10.94    Material Contract                                   HTML     39K 
83: EX-10.95    Material Contract                                   HTML     36K 
84: EX-10.96    Material Contract                                   HTML    664K 
85: EX-10.97    Material Contract                                   HTML     38K 
86: EX-10.98    Material Contract                                   HTML     38K 
87: EX-10.99    Material Contract                                   HTML    350K 


‘EX-10.102’   —   Material Contract


This Exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  EX-10.102  

Exhibit 10.102

TIAA BANK

100 Summer Street, Suite 3232

Boston, MA 02110

Caliber Home Loans, Inc.

1525 South Belt Line Road

Coppell, Texas 75019

Attention: Glenn Minkoff

Re: Second Amendment to the Loan and Security Agreement (“Second Amendment”).

This Second Amendment is made this 25th day of September (the “Amendment Effective Date”), to that certain Loan and Security Agreement, dated as of September 27, 2019 (as amended, restated, supplemented or otherwise modified from time to time) (the “Agreement”, by and between Caliber Home Loans, Inc. (“Borrower”), and TIAA, FSB (“Bank”).

WHEREAS, Borrower and Bank desire to amend the Agreement as set forth herein.

NOW THEREFORE, in consideration of the amendments, agreements and other provisions herein contained and of certain other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties hereto, it is hereby agreed between Borrower and Bank as follows:

SECTION 1. Amendment of the Agreement. The Agreement is hereby amended as follows:

(a) Section 1(rrr) of the Agreement is hereby amended and restated as follows:

“(rrr) “Maturity Date” means the earlier of (a) December 23, 2020, or (b) such earlier date on which this Agreement shall terminate or be terminated by Bank or Borrower in accordance with the provisions hereof or by operation of law or the date on which the Loan shall be accelerated and declared due and payable in accordance with the provisions hereof.”

(b) Section 1(hhhhh) of the Agreement is hereby amended and restated as follows:

“(hhhhh) “Termination Date” means the earlier of (a) December 23, 2020, or (b) the Maturity Date.”

SECTION 2. Defined Terms. Any terms capitalized but not otherwise defined herein shall have the respective meanings set forth in the Agreement.

SECTION 3. Fees. There are no fees due and owing in connection with this Second Amendment.

SECTION 4. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Second Amendment need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby.

 


SECTION 5. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement.

SECTION 6. GOVERNING LAW. THE AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

SECTION 7. Representations. In order to induce Bank to execute and deliver this Second Amendment, Borrower hereby represents to Bank that as of the date hereof, except as otherwise expressly waived by Bank in writing, Borrower is in full compliance with all of the terms and conditions of the Agreement including without limitation, all of the representations and warranties and all of the affirmative and negative covenants, and no Default or Event of Default has occurred and is continuing under the Agreement.

SECTION 8. Counterparts. This Second Amendment may be executed in one or more counterparts and by different parties hereto on separate counterparts, each of which, when so executed, shall constitute one and the same agreement.

 

2


IN WITNESS WHEREOF, Borrower and Bank have caused their names to be signed hereto by their respective officers thereunto duly authorized, as of the date first above written.

 

TIAA, FSB, formerly known as EVERBANK, as

    Bank

By:  

/s/ Paul Chmielinski

  Name: Paul Chmielinski
  Title: Senior Vice President
CALIBER HOME LOANS, INC., as Borrower
By:  

/s/ Vasif Imtiazi

Name:   Vasif Imtiazi
Title:   CFO

 

3


Dates Referenced Herein

This ‘S-1/A’ Filing    Date    Other Filings
12/23/20None on these Dates
Filed as of:10/7/20
Filed on:10/6/20
9/27/19
 List all Filings 


2 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 1/21/21  Caliber Home Loans, Inc.          S-1/A                 11:8.7M                                   Donnelley … Solutions/FA
10/21/20  Caliber Home Loans, Inc.          S-1/A                 18:9.5M                                   Donnelley … Solutions/FA


1 Previous Filing that this Filing References

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

10/02/20  Caliber Home Loans, Inc.          S-1        10/01/20   16:7.6M                                   Donnelley … Solutions/FA
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Filing Submission 0001193125-20-264871   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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