FOREST CITY ENTERPRISES, INC. as Issuer and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee INDENTURE Dated as of October 26, 2009 5.00% Convertible Senior Notes due 2016Indenture • October 26th, 2009 • Forest City Enterprises Inc • Operators of nonresidential buildings • New York
INDENTURE dated as of October 26, 2009 between Forest City Enterprises, Inc., an Ohio corporation, as issuer (hereinafter sometimes called the “Company,” as more fully set forth in Section 1.01), and The Bank of New York Mellon Trust Company, N.A., a national banking association, as trustee (hereinafter sometimes called the “Trustee,” as more fully set forth in Section 1.01).
Forest City Enterprises, Inc. 5.00% Convertible Senior Notes due 2016 Purchase AgreementPurchase Agreement • October 26th, 2009 • Forest City Enterprises Inc • Operators of nonresidential buildings • New York
• If the stock price is between two stock price amounts in the table or the effective date is between two effective dates in the table, the number of additional shares will be determined by a straight-line interpolation between the number of additional shares set forth for the higher and lower stock price amounts and the two dates, as applicable, based on a 365-day year.
