DEPOSIT AGREEMENTDeposit Agreement • April 17th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York
This DEPOSIT AGREEMENT is made and entered into as of April 21, 2003 by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation, EQUISERVE TRUST COMPANY, N.A., a national banking association ("EquiServe Trust Company, N.A."), and EQUISERVE, INC., a Delaware corporation ("EquiServe, Inc."), and all holders from time to time of Receipts (as hereinafter defined) issued hereunder. EquiServe Trust Company, N.A. and EquiServe, Inc. may be referred to individually and collectively herein as "Depositary."
NEW PLAN EXCEL REALTY TRUST, INC. (a Maryland corporation) 7,000,000 Depositary Shares Each Representing 1/10 of a Share of 7.625% Series E Cumulative Redeemable Preferred Stock (Liquidation Preference $25 per Depositary Share) UNDERWRITING AGREEMENTUnderwriting Agreement • April 17th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York
New Plan Excel Realty Trust, Inc., a Maryland corporation (the "Company"), confirms its agreement with Bear, Stearns & Co. Inc. ("Bear Stearns") and the other Underwriters listed on Schedule A hereto (collectively, the "Underwriters," which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Bear Stearns is acting as representative (in such capacity, the "Representative"), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of 7,000,000 depositary shares (the "Depositary Shares"), represented by depositary receipts (the "Depositary Receipts"), each representing 1/10 of a share of the Company's 7.625% Series E Cumulative Redeemable Preferred Stock, par value $.01 per share (the "Series E Preferred Stock"), liquidation preference $25 per Depositary Share (the 7,000,000 Depositary Shares to be issued and sold by the Company to the Underwriters under this Agreement
