THE MILLS CORPORATION (a Delaware corporation) Common Stock, par value $.01 per share UNDERWRITING AGREEMENT May 1, 2002Mills Corp • May 6th, 2002 • Real estate investment trusts • New York
THE MILLS CORPORATION, a Delaware corporation (the "Company"), and the sole general partner of Mills LP, a Delaware limited partnership (the "Operating Partnership"), proposes to issue and sell to Morgan Stanley & Co. Incorporated (the "Underwriter") 6,525,000 shares of the Company's common stock, par value $.01 per share (the "Firm Shares"). The Company also proposes to issue and sell to Underwriter not more than an additional 975,000 shares of its common stock, par value $.01 per share (the "Additional Shares") if and to the extent that the Underwriter shall have determined to exercise the right to purchase such shares of common stock granted to the Underwriter in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the "Shares." The shares of common stock, par value $.01 per share, of the Company to be outstanding after giving effect to the sales contemplated hereby are hereinafter referred to as the "Common Stock."
