| (a) | | | Exhibits. | | | | | | | | |
| | | 2.1 | | | | | | Agreement and Plan of Merger dated June 29, 2017 by and among D.R. Horton, Inc., Force Merger Sub, Inc. and Forestar Group Inc. (incorporated by reference from Exhibit 2.1 to the Company’s Current Report on Form 8-K filed with the SEC on June 29, 2017). | | |
| | | 3.1 | | | | | | Certificate of Amendment of the Amended and Restated Certificate of Incorporation, as amended, of the Company dated January 31, 2006, and the Amended and Restated Certificate of Incorporation, as amended, of the Company dated March 18, 1992 (incorporated by reference from Exhibit 3.1 to the Company’s Quarterly Report on Form 10-Q for the quarter ended December 31, 2005, filed with the SEC on February 2, 2006). | | |
| | | 3.2 | | | | | | Amended and Restated Bylaws of the Company (incorporated by reference from Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the SEC on November 8, 2017). | | |
| | | 10.1 | | | | | | Fourth Amended and Restated Master Repurchase Agreement, dated February 18, 2022, among DHI Mortgage Company, Ltd., U.S. Bank National Association, as Administrative Agent, Sole Book Runner, Lead Arranger, and a Buyer and all other Buyers (incorporated by reference from Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on February 18, 2022). | | |
| | | 10.2 | | | | | | Credit Agreement, dated March 4, 2022, among DRH Rental, Inc., the lenders party thereto and Mizuho Bank, Ltd., as Administrative Agent (incorporated by reference from Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on March 7, 2022). | | |
| | | 10.3 | | | † | | | Executive Compensation Notice and Summary – Chairman, CEO and Co-COOs (incorporated by reference from Exhibit 10.1 to the Company’s Current Report on Form 8-K filed with the SEC on March 29, 2022). | | |
| | | 10.4 | | | † | | | Form of Performance Restricted Stock Unit Agreement – Named Executive Officers (incorporated by reference from Exhibit 10.2 to the Company’s Current Report on Form 8-K filed with the SEC on March 29, 2022). | | |
| | | 22.1 | | | | | | List of Guarantor Subsidiaries (incorporated by reference from Exhibit 22.1 to the Company’s Annual Report on Form 10-K for the year ended September 30, 2021, filed with the SEC on November 18, 2021). | | |
| | | 31.1 | | | * | | | Certification of Chief Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | | |
| | | 31.2 | | | * | | | Certification of Chief Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | | |
| | | 32.1 | | | * | | | Certification of Chief Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | | |
| | | 32.2 | | | * | | | Certification of Chief Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | | |
| | | 101.INS | | | ** | | | XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document. | | |
| | | 101.SCH | | | ** | | | Inline XBRL Taxonomy Extension Schema Document. | | |
| | | 101.CAL | | | ** | | | Inline XBRL Taxonomy Extension Calculation Linkbase Document. | | |
| | | 101.DEF | | | ** | | | Inline XBRL Taxonomy Extension Definition Linkbase Document. | | |
| | | 101.LAB | | | ** | | | Inline XBRL Taxonomy Extension Label Linkbase Document. | | |
| | | 101.PRE | | | ** | | | Inline XBRL Taxonomy Extension Presentation Linkbase Document. | | |
| | | 104 | | | ** | | | Cover Page Interactive Data File (embedded within the Inline XBRL document contained in Exhibit 101). | | |
| | | | | | | | | | | |
| | | * | | | | | | Filed or furnished herewith. | | |
| | | ** | | | | | | Submitted electronically herewith. | | |
| | | † | | | | | | Management contract or compensatory plan arrangement. | | |