Pursuant to Section 4.02 of the Indenture, dated as of October 28, 2020 (the “Indenture”), among The New Home Company Inc. (the “Company”), the guarantors party thereto from time to time and U.S. Bank National Association, as trustee, relating to the Company’s 7.250% Senior Notes due 2025 (the “Notes”), the Company is required to furnish certain financial reports and other information (“Reports”) to Eligible Participants (as defined below). Persons who request information from the Company or seek to participate in any conference call is required to make certain representations and agreements regarding their rights under the Indenture to access our Reports set forth below.
Details regarding access to our quarterly conference call are available on our Data Site in the “Other” folder. Access can be requested by filling out the form and certification below. Please ensure that you request access and obtain the conference call dial-in details from our Data Site at least 2 business days prior to the start of the call.
Certification
Any person (the “undersigned”) who requests access to our confidential data site (the “Data Site”) certifies that it is either (i) a holder of the Notes; (ii) a prospective investor that is an eligible purchaser of the Notes; (iii) a securities analyst providing analysis of investment in the Notes; (iv) a market maker in the Notes; or (v) another Company-authorized user (collectively, “Eligible Participants”) as selected from the drop-down menu below. The undersigned understands that it is providing the information contained herein solely for purposes of enabling the Company to determine whether the undersigned should receive access to the Data Site. This letter is neither an offer to purchase or exchange any securities, including the Notes, nor creates any obligations whatsoever on the part of the Company or the undersigned to sell or purchase any securities.
The undersigned agrees: (a) except to the extent otherwise required by law, to keep confidential and not to disclose or reveal the information obtained pursuant to accessing the Data Site or otherwise to any person other than those of its representatives: (i) who are actively and directly involved with the Indenture and the Notes, and (ii) whom the undersigned will cause to observe the terms of this request for information and confidentiality agreement, and (b) not to use information acquired pursuant to accessing the Data Site for any purpose other than the undersigned’s evaluation of its investment in the Company. This request for information and confidentiality agreement shall be governed by, and construed in accordance with, the laws of the State of New York without regard to any conflict of laws principles thereof. Any action brought in connection with this request for information and confidentiality agreement shall be brought in the federal or state courts located in the Borough of Manhattan in the City of New York, and the undersigned hereby irrevocably consents to the jurisdiction of such courts and waives any objections as to venue or inconvenient forum.
Forward-Looking Statements
Statements made on this website, on our Data Site, and in our Reports are not comprised solely of historical facts should be considered "forward-looking statements" as defined in the Private Securities Litigation Reform Act of 1995. These statements may be based upon expectations and predictions about future events and may not be considered guarantees of Company results or performance. Such statements involve known and unknown risks; uncertainties and other factors that may cause actual results to differ materially from those that are anticipated. These risks and uncertainties include, but are not limited to, changes in general economic conditions, changes in the market for homes, changes in governmental regulations, increases in land prices, labor costs and/or the cost of raw materials, the level of competition in markets where the Company operates, the availability of capital and other factors that may be applicable to the Company. See the Company’s Annual Report for the end of the year and subsequent Quarterly Reports for a further discussion of these and other risks and uncertainties.
