APARTMENT INVESTMENT AND MANAGEMENT COMPANY (PAR VALUE $.01 PER SHARE) AT-THE- MARKET ISSUANCE SALES AGREEMENTAt-the-Market Issuance Sales Agreement • August 24th, 2011 • Aimco Properties Lp • Operators of apartment buildings • New York
Apartment Investment and Management Company, a Maryland corporation (the “Company”), and AIMCO Properties, L.P., a Delaware limited partnership (the “Operating Partnership”), of which the Company’s wholly-owned subsidiary, AIMCO-GP, Inc., a Delaware corporation (the “OP General Partner”), is the sole general partner, each confirms its agreement (this “Agreement”) with McNicoll, Lewis & Vlak LLC (“MLV”), as follows:
FIFTH AMENDMENT TO THE FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AIMCO PROPERTIES, L.P.Fourth Amended and Restated Agreement of Limited Partnership • August 24th, 2011 • Aimco Properties Lp • Operators of apartment buildings
This FIFTH AMENDMENT TO THE FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AIMCO PROPERTIES, L.P., dated as of August 24, 2011 (this “Amendment”), is being executed by AIMCO-GP, Inc., a Delaware corporation (the “General Partner”), as the general partner of AIMCO Properties, L.P., a Delaware limited partnership (the “Partnership”), pursuant to the authority conferred on the General Partner by Section 7.3.C(7) of the Fourth Amended and Restated Agreement of Limited Partnership of AIMCO Properties, L.P., dated as of July 29, 1994 and restated as of February 28, 2007, as amended and/or supplemented from time to time (including all the exhibits thereto, the “Agreement”). Capitalized terms used, but not otherwise defined herein, shall have the respective meanings ascribed thereto in the Agreement.
