COLONIAL PROPERTIES TRUST (an Alabama Real Estate Investment Trust) Common Shares of Beneficial Interest TERMS AGREEMENTTerms Agreement • September 21st, 2005 • Colonial Properties Trust • Real estate investment trusts
Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Wachovia Capital Markets, LLC, on their own behalf and as representatives of certain underwriters named below (collectively, the “Underwriters”) understand that Colonial Properties Trust, an Alabama real estate investment trust (the “Company”), proposes to issue and sell the number of its common shares of beneficial interest, $.01 par value (the “Underwritten Securities”) specified herein. Subject to the terms and conditions set forth and incorporated by reference herein, the Underwriters, acting severally and not jointly, offer to purchase the number of Initial Underwritten Securities set forth below opposite their respective name at the purchase price set forth below.
COLONIAL PROPERTIES TRUST (an Alabama Real Estate Investment Trust) Preferred Shares, Common Shares, Common Share Warrants and Depositary Shares UNDERWRITING AGREEMENTUnderwriting Agreement • September 21st, 2005 • Colonial Properties Trust • Real estate investment trusts • New York
Colonial Properties Trust, an Alabama real estate investment trust (the “Company”) and the direct general partner of Colonial Realty Limited Partnership, a limited partnership organized under the laws of the State of Delaware (the “Operating Partnership”), proposes to issue and sell preferred shares of beneficial interest (“Preferred Shares”), common shares of beneficial interest, $.01 par value (“Common Shares”), and warrants exercisable for Common Shares (“Common Share Warrants”), from time to time, in one or more offerings on terms to be determined at the time of sale. The Preferred Shares may be offered in the form of depositary shares (the “Depositary Shares”) represented by depositary receipts (the “Depositary Receipts”). Each series of Preferred Shares may vary as to the specific number of shares, title, stated value, liquidation preference, issuance price, ranking, dividend rate or rates (or method of calculation), dividend payment dates, redemption provisions, sinking fund req
