0000798359-09-000066 Sample Contracts

INVESTORS REAL ESTATE TRUST 8,000,000 Common Shares of Beneficial Interest Underwriting Agreement
Underwriting Agreement • October 6th, 2009 • Investors Real Estate Trust • Real estate investment trusts • New York

Investors Real Estate Trust, a North Dakota real estate investment trust (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 8,000,000 shares (the “Firm Shares”) of its common shares of beneficial interest, no par value per share (the “Common Shares”). In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional 1,200,000 Common Shares (the “Additional Shares”) to cover over-allotments by the Underwriters, if any. The Firm Shares and the Additional Shares are collectively referred to in this Agreement as the “Shares.” Robert W. Baird & Co. Incorporated and RBC Capital Markets Corporation, the joint book running managers, are acting as the representatives of the several Underwriters and in such capacity are referred to in this Agreement as the “Representatives.” The Company owns 100%

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