PURCHASE AGREEMENTPurchase Agreement • February 27th, 2002 • Macerich Co • Real estate investment trusts • New York
This Purchase Agreement (this "Agreement"), dated as of February 25, 2002, is between Cohen & Steers Quality Income Realty Fund, Inc. (the "PURCHASER") and The Macerich Company (the "SELLER").
THE MACERICH COMPANY (a Maryland corporation) PLACEMENT AGENCY AGREEMENTPlacement Agency Agreement • February 27th, 2002 • Macerich Co • Real estate investment trusts • New York
THE MACERICH COMPANY, a Maryland corporation (the "Company"), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch" or the "Placement Agent"), to act as exclusive placement agent for the Company with respect to the issue and sale by the Company and the purchase by Cohen & Steers Quality Income Realty Fund, Inc., a Maryland corporation (the "Fund"), of a yet to be determined amount of common shares, par value $.01 per share, of the Company (the "Common Shares" or the "Securities").
788,700 SHARES THE MACERICH COMPANY COMMON STOCK UNDERWRITING AGREEMENTUnderwriting Agreement • February 27th, 2002 • Macerich Co • Real estate investment trusts • New York
The Macerich Company (the "Company"), proposes to issue and sell an aggregate of 788,700 shares (the "Firm Shares") of its common stock, par value $.01 per share (the "Common Stock"), to Salomon Smith Barney Inc. (the "Underwriter"). The Company also proposes to grant to the Underwriter an option to purchase up to 118,305 additional shares of its Common Stock to cover over-allotments (the "Option Shares"; the Option Shares, together with the Firm Shares, being hereinafter called the "Shares"). As used herein, the term "Properties" refers to the properties listed on Schedule I hereto which represent, as of the date hereof, all the real property in which the Company, either directly or through its Subsidiaries (as defined herein) or through ownership of interests in any Joint Venture (as defined herein), owns an interest.
