DEPOSIT AGREEMENTDeposit Agreement • April 29th, 2003 • Colonial Properties Trust • Real estate investment trusts • New York
THIS DEPOSIT AGREEMENT, dated as of April 30, 2003 (this "Deposit Agreement"), is entered into by and among COLONIAL PROPERTIES TRUST, an Alabama real estate investment trust, EQUISERVE TRUST COMPANY, N.A., a national banking association, EQUISERVE, INC., a Delaware corporation, 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."
COLONIAL PROPERTIES TRUST (an Alabama Real Estate Investment Trust) Depositary Shares Each Representing 1/10 of a Share of 81/8% Series D Cumulative Redeemable Preferred Shares ($25.00 Liquidation Preference per Depositary Share) TERMS AGREEMENTColonial Properties Trust • April 29th, 2003 • Real estate investment trusts
We (the "Underwriters") understand that Colonial Properties Trust, an Alabama real estate investment trust (the "Company"), proposes to issue and sell the number of its Depositary Shares Each Representing 1/10 of a Share of 81/8% Series D Cumulative Redeemable Preferred Shares ($25.00 Liquidation Preference per Depositary Share), set forth below (the "Depositary Shares") (such Depositary Shares being hereinafter referred to as the "Underwritten Securities"). Subject to the terms and conditions set forth or incorporated by reference herein, the underwriters named below (the "Underwriters") offer to purchase, severally and not jointly, the respective numbers of Initial Underwritten Securities (as defined in the Underwriting Agreement dated April 3, 2003 (the "Underwriting Agreement")) set forth below opposite their respective names, and a proportionate share of Option Securities (as defined in the Underwriting Agreement) to the extent any are purchased, at the purchase price, and with th
