Exhibit 99.1 FIRST AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 17, 2006Credit Agreement • August 22nd, 2006 • American Campus Communities Inc • Real estate investment trusts • New York
Exhibit 10.6 PURCHASE AND SALE AGREEMENT This Purchase and Sale Agreement (this "AGREEMENT") is entered into by and between FAIRFIELD PINEHURST PARK, LTD, a Texas limited partnership ("SELLER") and ACC OP ACQUISITIONS LLC, a Delaware limited liability...Purchase and Sale Agreement • May 12th, 2005 • American Campus Communities Inc • Real estate investment trusts • Florida
Exhibit 99.1 THIRD AMENDMENT TO CREDIT AGREEMENT ----------------------------------- THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this "Amendment") made as of the 17th day of June, 2005, by and among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP,...Credit Agreement • June 20th, 2005 • American Campus Communities Inc • Real estate investment trusts • New York
Trust Indenture Act Section Indenture Section --------------------------- ----------------- Section 310(a)(1)............... 6.07 (a)(2).......................... 6.07 (b)............................. 6.07, 6.08 Section 312(b).................. 7.01...Indenture • October 19th, 2005 • American Campus Communities Inc • Real estate investment trusts • New York
EXHIBIT 99.1 EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into as of this 28th day of April, 2005, by and between American Campus Communities, Inc. (the "Company") and James C. Hopke, Jr. ("Executive"). W I T N...Employment Agreement • May 3rd, 2005 • American Campus Communities Inc • Real estate investment trusts • Texas
EXHIBIT 99.7 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement (this "Amendment"), dated as of April 28, 2005, by and between American Campus Communities, Inc. (the "Company") and Brian B. Nickel ("Executive")....Employment Agreement • May 3rd, 2005 • American Campus Communities Inc • Real estate investment trusts
ARTICLE I SALE OF PROPERTYAgreement of Sale and Purchase • May 12th, 2005 • American Campus Communities Inc • Real estate investment trusts • Florida
EXHIBIT 99.6 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This First Amendment to Employment Agreement (this "Amendment"), dated as of April 28, 2005, by and between American Campus Communities, Inc. (the "Company") and William C. Bayless, Jr....Employment Agreement • May 3rd, 2005 • American Campus Communities Inc • Real estate investment trusts
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • August 6th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places • Maryland
THIS INDEMNIFICATION AGREEMENT is made and entered into this day of , 2004 (“Agreement”), by and between American Campus Communities, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
CREDIT AGREEMENT Dated as of August 17, 2004 among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, as Borrower, AMERICAN CAMPUS COMMUNITIES, INC., as Parent Guarantor, THE SUBSIDIARY GUARANTORS NAMED HEREIN, as Subsidiary Guarantors, THE INITIAL...Credit Agreement • August 19th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places • New York
The Applicable Margin for each Base Rate Advance shall be determined by reference to the Leverage Ratio in effect from time to time, and the Applicable Margin for any Interest Period for all Eurodollar Rate Advances comprising part of the same Borrowing shall be determined by reference to the Leverage Ratio in effect on the first day of such Interest Period; provided, however, that (a) no change in the Applicable Margin resulting from a change in the Leverage Ratio shall be effective until three Business Days after the date on which the Administrative Agent receives (x) the financial statements required to be delivered pursuant to Section 5.03(b) or (c), as the case may be, and (y) a certificate of the Chief Financial Officer of the Borrower demonstrating the Leverage Ratio, and (b) the Applicable Margin shall be at Pricing Level I for so long as the Borrower has not submitted to the Administrative Agent, as and when required under Section 5.03(b) or (c), as applicable, the information
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 10th, 2011 • American Campus Communities Inc • Real estate investment trusts • New York
American Campus Communities, Inc., a Maryland corporation (the “Company”), confirms its agreement with J.P. Morgan Securities LLC, as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “JPMS”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of Common Stock, $0.01 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $300,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. The shares of Common Stock to be issued and sold hereunder shall be referred to as the “Shares” and are described in the Prospectus referred to below.
American Campus Communities Operating Partnership LP Fully and Unconditionally Guaranteed by American Campus Communities, Inc. UNDERWRITING AGREEMENTUnderwriting Agreement • October 7th, 2021 • American Campus Communities Inc • Real estate investment trusts • New York
American Campus Communities Operating Partnership LP, a Maryland limited partnership (the “Operating Partnership”) proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, $400,000,000 aggregate principal amount of the Operating Partnership’s 2.250% Senior Notes due 2029 (the “Notes”). The Notes will be fully and unconditionally guaranteed as to payment of the principal thereof, and premium, if any, and interest thereon (the “Guarantee”, and together with the Notes, the “Securities”) by American Campus Communities, Inc., a Maryland corporation (the “Company”). The Securities will be issued pursuant to an indenture, dated as of April 2, 2013 and as amended and supplemented by the First Supplemental Indenture, dated as of April 2, 2013 and the Second Supplemental Indenture, dated as of June 21, 2019, each as among the Operating Partnership, as issuer, the Company, as guarant
EMPLOYMENT AGREEMENTEmployment Agreement • March 24th, 2010 • American Campus Communities Inc • Real estate investment trusts • Texas
This EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of January 30, 2009, by and between American Campus Communities, Inc. (the “Company”) and James E. Wilhelm III (“Executive”).
AGREEMENT AND PLAN OF MERGER by and among ABACUS PARENT LLC, ABACUS MERGER SUB I LLC, ABACUS MERGER SUB II LLC, AMERICAN CAMPUS COMMUNITIES, INC., and AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP Dated as of April 18, 2022Merger Agreement • April 19th, 2022 • American Campus Communities Inc • Real estate investment trusts • Maryland
THIS AGREEMENT AND PLAN OF MERGER, dated as of April 18, 2022 (this “Agreement”), is made and entered into by and among Abacus Parent LLC, a Delaware limited liability company (“Parent”), Abacus Merger Sub I LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Merger Sub I”), Abacus Merger Sub II LLC, a Maryland limited liability company and a wholly owned subsidiary of Merger Sub I (“Merger Sub II” and, together with Parent and Merger Sub I, the “Parent Parties”), American Campus Communities, Inc., a Maryland corporation (the “Company”), and American Campus Communities Operating Partnership LP, a Maryland limited partnership (the “Partnership” and, together with the Company, the “Company Parties”). Each of Parent, Merger Sub I, Merger Sub II, the Company and the Partnership is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article I
ContractGlobal Security Note • October 7th, 2021 • American Campus Communities Inc • Real estate investment trusts • New York
THIS NOTE IS A GLOBAL SECURITY WITHIN THE MEANING OF THE INDENTURE HEREINAFTER REFERRED TO AND IS REGISTERED IN THE NAME OF THE DEPOSITARY OR CEDE & CO., AS NOMINEE OF THE DEPOSITARY. THIS NOTE IS EXCHANGEABLE FOR NOTES REGISTERED IN THE NAME OF A PERSON OTHER THAN THE DEPOSITARY OR ITS NOMINEE ONLY IN THE LIMITED CIRCUMSTANCES DESCRIBED IN THE INDENTURE, AND MAY NOT BE TRANSFERRED EXCEPT AS A WHOLE BY THE DEPOSITARY TO A NOMINEE OF THE DEPOSITARY, BY A NOMINEE OF THE DEPOSITARY TO THE DEPOSITARY OR ANOTHER NOMINEE OF THE DEPOSITARY OR BY THE DEPOSITARY OR ANY SUCH NOMINEE TO A SUCCESSOR DEPOSITARY OR A NOMINEE OF SUCH A SUCCESSOR DEPOSITARY.
THIRD AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • March 24th, 2010 • American Campus Communities Inc • Real estate investment trusts
This Third Amendment to Employment Agreement (this “Amendment”), dated as of March 23, 2010, by and between American Campus Communities, Inc. (the “Company”) and William C. Bayless, Jr. (“Executive”).
EMPLOYMENT AGREEMENTEmployment Agreement • February 28th, 2022 • American Campus Communities Inc • Real estate investment trusts • Texas
This EMPLOYMENT AGREEMENT (this "Agreement") is made and entered into as of May 6, 2015 (the "Effective Date"), by and between American Campus Communities, Inc. (the "Company") and Kim Voss ("Executive").
SECOND AMENDMENT TO CONTRIBUTION AND SALE AGREEMENTContribution and Sale Agreement • February 13th, 2006 • American Campus Communities Inc • Real estate investment trusts
This Second Amendment to Contribution and Sale Agreement (this “Amendment”), dated January 30, 2006, is made and entered by and among Royal Tallahassee Partnership, Royal Tallahassee Partnership II Limited Partnership, Royal Tallahassee III Partnership, Royal Gainesville Limited Partnership, Royal Orlando Limited Partnership, Royal Lexington Limited Partnership, Royal Tucson Entrada Real Limited Partnership, Royal Texas-Tennessee Limited Partnership, Royal Texas-Tennessee II Limited Partnership, Raiders Pass Phase II Limited Partnership, Royal San Marcos Limited Partnership and Royal San Antonio Limited Partnership (collectively, the “Contributors”), on the one hand, and American Campus Communities, Inc. (the “Company”) and American Campus Communities Operating Partnership LP (the “Operating Partnership” and, together with the Company, the “Contributee”), on the other hand.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of August 14, 2009 among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, as Borrower, AMERICAN CAMPUS COMMUNITIES, INC., as Parent Guarantor, THE SUBSIDIARY GUARANTORS NAMED HEREIN, as...Credit Agreement • August 17th, 2009 • American Campus Communities Inc • Real estate investment trusts • New York
The Applicable Margin for each Base Rate Advance shall be determined by reference to the Leverage Ratio in effect from time to time, and the Applicable Margin for any Interest Period for all Eurodollar Rate Advances comprising part of the same Borrowing shall be determined by reference to the Leverage Ratio in effect on the first day of such Interest Period; provided, however that (a) no change in the Applicable Margin resulting from a change in the Leverage Ratio shall be effective until three Business Days after the date on which the Administrative Agent receives (x) the financial statements required to be delivered pursuant to Section 5.03(b) or (c), as the case may be, and (y) a certificate of the Chief Financial Officer of the Borrower demonstrating the Leverage Ratio, and (b) the Applicable Margin shall be at Pricing Level I for so long as the Borrower has not submitted to the Administrative Agent, as and when required under Section 5.03(b) or (c), as applicable, the information
CONFIDENTIALITY AND NONCOMPETITION AGREEMENTConfidentiality and Noncompetition Agreement • August 6th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places • Texas
This CONFIDENTIALITY AND NONCOMPETITION AGREEMENT (this “Agreement”) is made and entered into as of this day of , 2004, by and between American Campus Communities, Inc. (the “Company”) and (the “Executive”).
American Campus Communities, Inc. 8,500,000 Shares of Common Stock (Par Value $0.01 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • May 8th, 2009 • American Campus Communities Inc • Real estate investment trusts • New York
KeyBanc Capital Markets Inc. Deutsche Bank Securities Inc. J.P. Morgan Securities Inc. as Representatives of the several Underwriters
FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • February 20th, 2019 • American Campus Communities Inc • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO FIFTH AMENDED AND RESTATED CREDIT AGREEMENT, dated as of February 13, 2019 (this “Agreement”), is made by and among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership (the “Borrower”), AMERICAN CAMPUS COMMUNITIES, INC., a Maryland corporation (the “Guarantor”), KEYBANK NATIONAL ASSOCIATION, as administrative agent (in such capacity, the “Administrative Agent”), and each of the lenders from time to time party to the Credit Agreement (as defined below) (the “Lenders”).
PROPERTY MANAGEMENT AGREEMENT For The Village at RiversideProperty Management Agreement • July 9th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places
THIS PROPERTY MANAGEMENT AGREEMENT (the “Agreement”) is made and entered into by and between SHP-The Village at Riverside LP, a Delaware limited partnership (“Owner”), and American Campus Management (Texas), Ltd., a Texas limited partnership (“Manager”):
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 20th, 2010 • American Campus Communities Inc • Real estate investment trusts • New York
American Campus Communities, Inc., a Maryland corporation (the “Company”), confirms its agreement with KeyBanc Capital Markets Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “KeyBanc”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of Common Stock, $0.01 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $150,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. The shares of Common Stock to be issued and sold hereunder shall be referred to as the “Shares” and are described in the Prospectus referred to below.
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP August , 2004Limited Partnership Agreement • August 6th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places • Maryland
applying paragraphs (b), (c), or (d) in order to make another the constructive owner of such Ownership Interest, (iii) if an Ownership Interest may be considered as owned by an individual under paragraphs (a) or (g), it shall be considered as owned by him under paragraph (g), and (iv) for purposes of the above described rules, an S corporation shall be treated as a partnership and any stockholder of the S corporation shall be treated as a partner of such partnership except that this rule shall not apply for purposes of determining whether stock in the S corporation is constructively owned by any person.
FIRST AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • November 5th, 2007 • American Campus Communities Inc • Real estate investment trusts
This First Amendment to Employment Agreement (this “Amendment”), dated as of November 1, 2007, by and between American Campus Communities, Inc. (the “Company”) and Greg A. Dowell (“Executive”).
CONTRIBUTION AGREEMENTContribution Agreement • August 19th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places • New York
EXHIBIT 99.4 SEPARATION AGREEMENT AND MUTUAL GENERAL RELEASE This SEPARATION AGREEMENT AND MUTUAL GENERAL RELEASE (this "Agreement") dated as of April 28, 2005 (the "Effective Date") between Mark J. Hager ("Executive") and American Campus Communities,...Separation Agreement • May 3rd, 2005 • American Campus Communities Inc • Real estate investment trusts
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • January 13th, 2012 • American Campus Communities Inc • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 10th day of January, 2012 (the “Effective Date”), by and among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership (“Borrower”), AMERICAN CAMPUS COMMUNITIES, INC., a Maryland corporation (“Parent Guarantor”), THE OTHER ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS GUARANTORS (the “Subsidiary Guarantors”; the Parent Guarantor and the Subsidiary Guarantors are hereinafter referred to collectively as the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (the “Administrative Agent”) for the Lenders.
EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 10th, 2011 • American Campus Communities Inc • Real estate investment trusts • New York
American Campus Communities, Inc., a Maryland corporation (the “Company”), confirms its agreement with Deutsche Bank Securities Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “DBS”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of Common Stock, $0.01 par value per share (the “Common Stock”), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $300,000,000 (the “Maximum Amount”) on the terms set forth in Section 1 of this Agreement. The shares of Common Stock to be issued and sold hereunder shall be referred to as the “Shares” and are described in the Prospectus referred to below.
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • November 10th, 2008 • American Campus Communities Inc • Real estate investment trusts • New York
THIS SECOND AMENDMENT TO FIRST AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 10th day of November, 2008 (the “Effective Date”), by and among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership (“Borrower”), AMERICAN CAMPUS COMMUNITIES, INC., a Maryland corporation (“Parent Guarantor”), THE OTHER ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS GUARANTORS (the “Subsidiary Guarantors”; the Parent Guarantor and the Subsidiary Guarantors are hereinafter referred to collectively as the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (the “Administrative Agent”) for the Lenders.
SENIOR SECURED TERM LOAN AGREEMENT Dated as of May 23, 2008 among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, as Borrower, AMERICAN CAMPUS COMMUNITIES, INC., as Parent Guarantor, THE SUBSIDIARY GUARANTORS NAMED HEREIN, as Subsidiary...Senior Secured Term Loan Agreement • May 29th, 2008 • American Campus Communities Inc • Real estate investment trusts • New York
The Applicable Margin for each Base Rate Loan shall be determined by reference to the Leverage Ratio in effect from time to time, and the Applicable Margin for any Interest Period for all Eurodollar Rate Loans comprising part of the same Borrowing shall be determined by reference to the Leverage Ratio in effect on the first day of such Interest Period; provided, however that (a) no change in the Applicable Margin resulting from a change in the Leverage Ratio shall be effective until three Business Days after the date on
FIRST AMENDED AND RESTATED MANAGEMENT AGREEMENT (DOBIE CENTER, AUSTIN, TEXAS)Management Agreement • July 9th, 2004 • American Campus Communities Inc • Hotels, rooming houses, camps & other lodging places
THIS MANAGEMENT AGREEMENT (the “Agreement”) is made and entered into by and between DOBIE CENTER PROPERTIES, LTD., a Texas limited partnership, having its principal office at 225 Broadhollow Road, Melville, Long Island, New York 11747, Attn: Scott Rechler (“Owner”), and TEXAS CAMPUS LIFESTYLES MANAGEMENT (DOBIE CENTER), L.C., a Texas limited liability company, having its principal office at c/o American Campus Communities, 701 Brazos, Suite 700, Austin Center, Austin, Texas 78705, Attn: Tom Trubiana (“Manager”):
American Campus Communities, Inc. 8,000,000 Shares of Common Stock (Par Value $0.01 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • April 21st, 2008 • American Campus Communities Inc • Real estate investment trusts • New York
American Campus Communities, Inc., a Maryland corporation (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as representatives, 8,000,000 shares of Common Stock, $0.01 par value (“Common Stock”), of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to 1,200,000 additional shares of Common Stock to cover overallotments (the “Option Securities;” the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires.
FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 2nd, 2010 • American Campus Communities Inc • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Amendment”) made as of the 30th day of July, 2010 (the “Effective Date”), by and among AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP, a Maryland limited partnership (“Borrower”), AMERICAN CAMPUS COMMUNITIES, INC., a Maryland corporation (“Parent Guarantor”), THE OTHER ENTITIES LISTED ON THE SIGNATURE PAGES HEREOF AS GUARANTORS (the “Subsidiary Guarantors”; the Parent Guarantor and the Subsidiary Guarantors are hereinafter referred to collectively as the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent (the “Administrative Agent”) for the Lenders.
