0000950144-07-004708 Sample Contracts

EDUCATION REALTY TRUST, INC. 3,000,000 SHARES CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT
Sales Agreement • May 11th, 2007 • Education Realty Trust, Inc. • Real estate investment trusts • New York

Education Realty Trust, Inc., a Maryland corporation (the “Company”) and Education Realty Operating Partnership, L.P., a Delaware limited partnership (the "Operating Partnership”), the sole general partner of which is Education Realty OP GP, Inc., which is owned 100% by the Company, confirm their agreement (this “Agreement”) with Cantor Fitzgerald & Co. (“CF&Co”), as follows:

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