Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENTAtm Equity Offering Sales Agreement • December 3rd, 2009 • Home Properties Inc • Real estate investment trusts • New York
Home Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as sales agent and/or principal, or BMO Capital Markets Corp. (“BMO”), as sales agent and/or principal (each an “Agent”, and together the “Agents”), up to 3,700,000 shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), on the terms and subject to the conditions set forth in this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to either Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.
