THIS FOURTH SUPPLEMENTAL INDENTURE (the Supplemental Indenture), dated as of August 3, 2021, between FIRST AMERICAN FINANCIAL CORPORATION, a Delaware corporation (the Company), and U.S. BANK NATIONAL ASSOCIATION, a national banking association duly incorporated and existing under the laws of the United States of America, as Trustee (the Trustee).
W I T N E S S E T H:
WHEREAS, the Company and the Trustee have heretofore executed and delivered an Indenture, dated as of January 24, 2013 (the Original Indenture and, as hereby supplemented, the Indenture), providing for the issuance from time to time of one or more series of the Companys Securities;
WHEREAS, pursuant to the terms of the Indenture, the Company desires to provide for the establishment of a series of Securities to be designated as the 2.400% Senior Notes due 2031 (herein referred to as the 2031 Notes), the form and substance of the 2031 Notes and the terms, provisions and conditions thereof to be set forth as provided in the Original Indenture and this Supplemental Indenture;
WHEREAS, Section 9.01(iv) of the Original Indenture provides that the Company and the Trustee may provide for the issuance of additional Securities in accordance with the Original Indenture;
WHEREAS, Section 2.03 of the Original Indenture provides that various matters with respect to any series of Securities issued under the Indenture may be established in a supplemental indenture to the Original Indenture; and
WHEREAS, all acts and things necessary to make this Supplemental Indenture, when duly executed and delivered, a valid, binding and legal instrument in accordance with its terms and for the purposes herein expressed, have been done and performed; and the execution and delivery of this Supplemental Indenture have been in all respects duly authorized.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to this Supplemental Indenture hereby agree as follows:
Relation to Indenture; Additional Definitions
1.01 Relation to Indenture. This Supplemental Indenture constitutes an integral part of the Indenture.
1.02 Additional Definitions. For all purposes of this Supplemental Indenture, capitalized terms used herein shall have the respective meanings specified below or in the Original Indenture, as the case may be.