Common Contracts

XENIA HOTELS & RESORTS, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENT

Equity Distribution Agreement • March 2nd, 2018 • Xenia Hotels & Resorts, Inc. • Hotels & motels • New York

• Contract Type
  Equity Distribution Agreement
• Filed
  March 2nd, 2018
• Company
  Xenia Hotels & Resorts, Inc.
• Industry
  Hotels & motels
• Jurisdiction
  New York

This Confirmation sets forth the terms of the agreement of [NAME OF MANAGER] (the “Manager”) with Xenia Hotels & Resorts, Inc. (the “Company”) and XHR LP relating to the sale of shares of the Company’s common stock, $0.01 par value per share, having an aggregate gross sales price of up to $200,000,000, pursuant to the Equity Distribution Agreement between the Company and Wells Fargo Securities, LLC, Robert W. Baird & Co. Incorporated, Jefferies LLC, KeyBanc Capital Markets Inc. and Raymond James & Associates, Inc., dated March 2, 2018 (the “Agreement”). Unless otherwise defined below, capitalized terms defined in the Agreement shall have the same meanings when used herein.

SPIRIT REALTY CAPITAL, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENT

Equity Distribution Agreement • November 9th, 2016 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

• Contract Type
  Equity Distribution Agreement
• Filed
  November 9th, 2016
• Company
  Spirit Realty Capital, Inc.
• Industry
  Operators of nonresidential buildings
• Jurisdiction
  New York

Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and Spirit Realty, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its respective agreements with Wells Fargo Securities, LLC, RBC Capital Markets, LLC, Scotia Capital (USA) Inc. and SunTrust Robinson Humphrey, Inc., as sales agents and/or principals (each, a “Manager” and, collectively, the “Managers”). The Company proposes to issue and sell to or through the Managers, on the terms set forth in this equity distribution agreement shares of its common stock, $0.01 par value per share, having an aggregate gross sales price of up to $500,000,000 (the “Shares” and, such amount, the “Maximum Amount”). The shares of common stock, $0.01 par value per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Common Stock.” The obligations of Managers under this Agreement shall be several, and not joint. The Company and the

SPIRIT REALTY CAPITAL, INC. COMMON STOCK (PAR VALUE $0.01 PER SHARE) EQUITY DISTRIBUTION AGREEMENT

Equity Distribution Agreement • April 16th, 2014 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • New York

• Contract Type
  Equity Distribution Agreement
• Filed
  April 16th, 2014
• Company
  Spirit Realty Capital, Inc.
• Industry
  Operators of nonresidential buildings
• Jurisdiction
  New York

Spirit Realty Capital, Inc., a Maryland corporation (the “Company”), and Spirit Realty, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its respective agreements with Morgan Stanley & Co. LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Deutsche Bank Securities Inc., RBC Capital Markets, LLC and SunTrust Robinson Humphrey, Inc., as sales agents (each, a “Manager” and, collectively, the “Managers”). This equity distribution agreement is hereinafter referred to as the “Agreement.” The Company proposes to issue and sell through the Managers, on the terms set forth in this equity distribution agreement shares of its common stock, par value $0.01 per share, having an aggregate gross sales price of up to $350,000,000 (the “Shares” and, such amount, the “Maximum Amount”). The shares of common stock, par value $0.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the “Commo