DISTRIBUTION AGREEMENTDistribution Agreement • May 4th, 2010 • First Industrial Realty Trust Inc • Real estate investment trusts • New York
First Industrial Realty Trust, Inc., a Maryland corporation (the “Company”) and First Industrial, L.P., a Delaware limited partnership whose sole general partner is the Company (the “Operating Partnership”), confirm their agreement with J.P. Morgan Securities Inc., as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (“you” or “JPMS”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this “Agreement”), of 10,000,000 shares of Common Stock (the “Maximum Amount”), $0.01 par value per share, of the Company (the “Common Stock”) on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the “Shares” and are described in the Prospectus referred to below.
