0000950123-08-017542 Sample Contracts

LEXINGTON REALTY TRUST 4,500,000 SHARES ATM EQUITY OFFERINGSM SALES AGREEMENT
Sales Agreement • December 12th, 2008 • Lexington Realty Trust • Real estate investment trusts • New York

LEXINGTON REALTY TRUST, a Maryland real estate investment trust (the “Company”) and THE LEXINGTON MASTER LIMITED PARTNERSHIP, LEPERCQ CORPORATE INCOME FUND L.P., LEPERCQ CORPORATE INCOME FUND II L.P. and NET 3 ACQUISITION L.P., each a Delaware limited partnership (each a “Partnership” and collectively the ‘Partnerships”) confirms its agreement (this “Agreement”) with MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED (“MLPFS”), as follows:

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