NEW PLAN EXCEL REALTY TRUST, INC. (a Maryland corporation) $150,000,000 4.50% Senior Notes due 2011 UNDERWRITING AGREEMENTUnderwriting Agreement • February 5th, 2004 • 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 the 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 Banc of America Securities LLC (“Banc of America”) and J.P. Morgan Securities Inc. are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly as specified in Schedule A, of $150,000,000 aggregate principal amount of 4.50% Senior Notes due 2011 (the “Securities”). The Securities will be issued pursuant to an indenture, dated as of January 30, 2004, between the Company and U.S. Bank Trust National Association, as trustee (the “Trustee”), including the officers’ certificate to be dated February 6, 2004 relating to the Securities (collectively, the “Indenture”).
