0000950123-10-024767 Sample Contracts

HEALTH CARE REIT, INC. and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. as Trustee SUPPLEMENTAL INDENTURE NO. 1 Dated as of March 15, 2010 $342,394,000 Principal Amount 3.00% Convertible Senior Notes due 2029
Supplemental Indenture • March 15th, 2010 • Health Care Reit Inc /De/ • Real estate investment trusts • New York

This SUPPLEMENTAL INDENTURE NO. 1 (the “Supplemental Indenture”) is made and entered into as of March 15, 2010, between HEALTH CARE REIT, INC., a Delaware corporation (the “Company”), and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., a national banking association, as trustee (the “Trustee”).

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HEALTH CARE REIT, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • March 15th, 2010 • Health Care Reit Inc /De/ • Real estate investment trusts • New York

Health Care REIT, Inc., a Delaware corporation (the “Company”), proposes to sell to the underwriters (the “Underwriters”) named in Schedule I hereto for whom you are acting as representatives (the “Representatives”), $342,394,000 aggregate principal amount of the Company’s 3.00% Convertible Senior Notes due 2029 (the “Notes”), to be issued pursuant to the provisions of an indenture dated as of March 15, 2010, between the Company and The Bank of New York Trust Company, N.A., as trustee (the “Trustee”), as supplemented by a supplemental indenture thereto, to be dated as of March 15, 2010 (the indenture, as so supplemented, the “Indenture”).

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