Capital Lease Funding Inc Sample Contracts

CHALLENGER SOUTH MONACO, L.L.C., a Delaware limited liability company, as Seller and
Purchase and Sale Agreement • May 10th, 2006 • Capital Lease Funding Inc • Real estate investment trusts • Colorado
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CONTRIBUTION AGREEMENT
Contribution Agreement • March 27th, 1998 • Capital Lease Funding Inc • New York
EXHIBIT 4.1 JUNIOR SUBORDINATED INDENTURE
Capital Lease Funding Inc • December 19th, 2005 • Real estate investment trusts • New York
BETWEEN
Capital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts • Missouri
EXHIBIT 4.2 AMENDED AND RESTATED TRUST AGREEMENT
Trust Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • Delaware
PROMISSORY NOTE (NOTE B)
Capital Lease Funding Inc • November 3rd, 2004 • Real estate investment trusts
EXHIBIT 10.2 PURCHASE AGREEMENT
Purchase Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York
BETWEEN
Capital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts
EMPLOYMENT AGREEMENT
Employment Agreement • June 29th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • New York
RECITALS
Agreement of Purchase and Sale • January 11th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New Jersey
LEASE
Capital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts • Kansas
AGREEMENT OF SALE AND PURCHASE OF PARTNERSHIP INTERESTS
Agreement of Sale and Purchase • May 10th, 2006 • Capital Lease Funding Inc • Real estate investment trusts • Pennsylvania
RECITALS
Repurchase Agreement • May 26th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • New York
REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN AUSTIN SSA, LLC, AS SELLER
Real Estate Purchase and Sale Agreement • November 14th, 2005 • Capital Lease Funding Inc • Real estate investment trusts
CAPLEASE, INC. Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • April 9th, 2013 • CapLease, Inc. • Real estate investment trusts • New York

CapLease, Inc., a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters listed on Schedule I hereto (collectively, the “Underwriters”), for whom Wells Fargo Securities, LLC is acting as Representative (in such capacity, the “Representative”), with respect to (a) the sale by the Company of 7,500,000 shares (the “Initial Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of Common Stock set forth opposite the names of the Underwriters in Schedule I hereto, and (b) the grant of the option described in Section 1(b) hereof to purchase all or any part of 1,125,000 additional shares of Common Stock to cover over-allotments (the “Option Shares”), if any, from the Company to the Underwriters, acting severally and not jointly. The 7,500,000 Initial Shares and all or any part of the 1,125,000 Option Shares are herein

CAPLEASE, INC. 19,000,000 SHARES OF COMMON STOCK AND 1,000,000 SHARES OF SERIES A PREFERRED STOCK AND 1,000,000 SHARES OF SERIES B PREFERRED STOCK AMENDED AND RESTATED CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT
Sales Agreement • December 31st, 2012 • CapLease, Inc. • Real estate investment trusts • New York

Reference is made to that certain Controlled Equity Offering Sales Agreement dated May 25, 2012 (as amended, the “Original Agreement”) between Cantor Fitzgerald & Co. (“CF&Co”), CapLease, Inc., a Maryland corporation (the “Company”), and Caplease, LP, a Delaware limited partnership (the “Operating Partnership”). The parties desire to amend and restate the Original Agreement on the terms and subject to the conditions set forth herein, to increase the maximum number of shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”) it may issue and sell through CF&Co, acting as agent and/or principal, from 9,000,000 shares of Common Stock authorized in the Original Agreement to 19,000,000 shares of Common Stock (the “Common Shares”).

CAPLEASE, INC. DOCS® Financing Facility Shares of Common Stock, $0.01 par value SALES AGREEMENT October 9, 2009
Sales Agreement • October 9th, 2009 • CapLease, Inc. • Real estate investment trusts • New York

THIS SALES AGREEMENT (the “Agreement”) dated as of October 9, 2009 between Brinson Patrick Securities Corporation, having its principal office at 1515 Broadway, 11th Floor, New York, New York 10036 (the “Sales Manager”) and CapLease, Inc., a corporation organized and existing under the laws of the State of Maryland (the ”Company”).

EXHIBIT 10.1 PARENT GUARANTEE AGREEMENT
Parent Guarantee Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York
BACKGROUND
Purchase and Sale Agreement • November 5th, 2004 • Capital Lease Funding Inc • Real estate investment trusts • New York
CAPITAL LEASE FUNDING, INC. Shares of Common Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 8th, 2004 • Capital Lease Funding Inc • Real estate investment trusts • New York
CREDIT AGREEMENT among CAPLEASE, LP as Borrower, CAPITAL LEASE FUNDING, INC. AND CERTAIN DOMESTIC SUBSIDIARIES OF CAPITAL LEASE FUNDING, INC. FROM TIME TO TIME PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, and WACHOVIA BANK, NATIONAL...
Credit Agreement • April 19th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York

THIS CREDIT AGREEMENT, dated as of April 17, 2007 among CAPLEASE, LP a Delaware limited partnership (the “Borrower”), CAPITAL LEASE FUNDING, INC., a Maryland corporation (the “Parent”) and each of those Material Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Material Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (the Parent and such Subsidiaries, each a “Guarantor” and collectively, the “Guarantors”), the several banks and other financial institutions as are, or may from time to time become parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).

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CAPITAL LEASE FUNDING, INC. Shares of 8.125% Series A Cumulative Redeemable Preferred Stock UNDERWRITING AGREEMENT
Capital Lease Funding Inc • October 19th, 2005 • Real estate investment trusts • New York
REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • November 21st, 2003 • Capital Lease Funding Inc • Real estate investment trusts • New York

THIS REGISTRATION RIGHTS AGREEMENT, dated as of November 20, 2003, is entered into by and between Capital Lease Funding, Inc., a Maryland corporation (the “Company”), and the holders of restricted shares of the Company’s common stock whose names are set forth on the signature pages hereto (each a “Restricted Stock Holder” and collectively, the “Restricted Stock Holders”).

ARTICLE II AGREEMENT TO VOTE SHARES
Management Shareholders' Agreement • June 29th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • Maryland
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • September 26th, 2013 • CapLease, Inc. • Real estate investment trusts

This Amendment No. 1 (this “Agreement”) to the Employment Agreement dated as of February 13, 2007 (the “Employment Agreement”), between CapLease, Inc., a Maryland corporation (the “Company”) and Paul C. Hughes (the “Executive”), is made and entered into this 24 day of September, 2013 (the “Effective Date”).

DEUTSCHE BANK SECURITIES INC. $75,000,000 AGGREGATE PRINCIPAL AMOUNT CAPLEASE, INC. DUE 2027 Resale Registration Rights Agreement Dated October 9, 2007
Registration Rights Agreement • October 9th, 2007 • CapLease, Inc. • Real estate investment trusts • New York

RESALE REGISTRATION RIGHTS AGREEMENT, dated as of October 9, 2007, between CapLease, Inc., a Maryland corporation (together with any successor entity, herein referred to as the “Company”), and Deutsche Bank Securities Inc., as the representative (the “Representative”) of the initial purchasers (the “Initial Purchasers”) named in the Purchase Agreement (as defined below).

EMPLOYMENT AGREEMENT
Employment Agreement • February 20th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York

This EMPLOYMENT AGREEMENT is made and entered into this 13th day of February, 2007, between Capital Lease Funding, Inc., a Maryland corporation (the “Company”), and Paul C. Hughes (the “Executive”).

VOTING AGREEMENT
Voting Agreement • May 28th, 2013 • CapLease, Inc. • Real estate investment trusts • Maryland

This VOTING AGREEMENT, dated as of May 28, 2013 (this “Agreement”), is made and entered into by and among American Realty Capital Properties, Inc., a Maryland corporation (“Parent”), Paul H. McDowell, William R. Pollert, Shawn P. Seale, Robert C. Blanz and Paul C. Hughes (each a “Stockholder” and, collectively, the “Stockholders”).

CapLease, Inc. [Designation of Senior Security]
CapLease, Inc. • December 23rd, 2010 • Real estate investment trusts

This Senior Security is one of a duly authorized issue of securities of the Corporation (herein called the “Senior Securities”), issued and to be issued in one or more series under an Indenture, dated as of ____________, 20__ (herein called the “Indenture”), between the Corporation and ____________ (herein called the “Trustee,” which term includes any successor trustee under the Indenture with respect to the Senior Securities), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Corporation, the Trustee and the Holders of the Senior Securities and of the terms upon which the Senior Securities are, and are to be, authenticated and delivered. This Senior Security is one of the series designated as the “[designation of Senior Securities],” limited in aggregate principal amount to $____________.

CapLease, Inc. [Designation of Subordinated Security]
CapLease, Inc. • December 23rd, 2010 • Real estate investment trusts

This Subordinated Security is one of a duly authorized issue of securities of the Corporation (herein called the “Subordinated Securities”), issued and to be issued in one or more series under an Indenture, dated as of ____________, 20__ (herein called the “Indenture”), between the Corporation and ____________ (herein called the “Trustee,” which term includes any successor trustee under the Indenture with respect to the Subordinated Securities), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Corporation, the Trustee and the Holders of the Subordinated Securities and of the terms upon which the Subordinated Securities are, and are to be, authenticated and delivered. This Subordinated Security is one of the series designated as the “[designation of Subordinated Securities],” limited in aggregate principal amount to $____________.

CONTRACT OF SALE between HYPERION PARTNERS II L.P., as Seller, and CAPLEASE, LP as Purchaser.
Contract of Sale • March 30th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York

AGREEMENT made as of the 1st day of November, 2004, between HYPERION PARTNERS II L.P., having an office at 50 Charles Lindbergh Boulevard, Suite 500, Uniondale, NY 11553 (“Seller”), and CAPLEASE, LP, a Delaware limited partnership, having an office at 110 Maiden Lane, New York, New York 10005 (“Purchaser”).

CAPITAL LEASE FUNDING, INC. Stock Award Agreement
Stock Award Agreement • February 20th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York

THIS AGREEMENT dated the ____ day of _______ 20__, between CAPITAL LEASE FUNDING, INC., a Maryland corporation (the “Company”), and _________ (the “Participant”), is made pursuant and subject to the provisions of the Company’s 2004 Stock Incentive Plan (the “Plan”), a copy of which has been made available to the Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.

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