DEPOSIT AGREEMENTDeposit Agreement • February 26th, 2004 • Duke Realty Corp • Real estate investment trusts • New York
DUKE REALTY CORPORATION (an Indiana Corporation) DUKE REALTY LIMITED PARTNERSHIP (an Indiana limited partnership) Common Stock, Preferred Stock, Depositary Shares and Debt Securities UNDERWRITING AGREEMENTUnderwriting Agreement • February 26th, 2004 • Duke Realty Corp • Real estate investment trusts • Indiana
Duke Realty Corporation (the “Company”) may from time to time offer in one or more series (i) shares of Common Stock, $.01 par value (the “Common Stock”), (ii) shares of preferred stock, $.01 par value (the “Preferred Stock”) and (iii) shares of Preferred Stock represented by depositary shares (the “Depositary Shares”), with an aggregate public offering price of up to $400,748,000 (or its equivalent in another currency based on the exchange rate at the time of sale). Duke Realty Limited Partnership (the “Operating Partnership”) may from time to time offer in one or more series unsecured non-convertible investment grade debt securities (the “Debt Securities”), with an aggregate public offering price of up to $770,000,000 (or its equivalent in another currency based on the exchange rate at the time of sale). The Common Stock, Preferred Stock, Depositary Shares and Debt Securities (collectively, the “Securities”) may be offered, separately or together, in separate series, in amounts, at p
DUKE REALTY CORPORATION (an Indiana Corporation) 6,000,000 Depositary Shares Each Representing 1/10 of a 6.50% Series K Cumulative Redeemable Preferred Share (Par Value $0.01 Per Share) (Liquidation Preference Equivalent to $25.00 Per Depositary...Terms Agreement • February 26th, 2004 • Duke Realty Corp • Real estate investment trusts
We understand that Duke Realty Corporation, an Indiana corporation (the “Company”), proposes to issue and sell 6,000,000 depositary shares (the “Depositary Shares”) each representing 1/10th of a 6.50% Series K Cumulative Redeemable Preferred Share, par value $0.01 (collectively, the “Series K Preferred Shares”), of the Company (such Depositary Shares being collectively 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 the Initial Securities (as defined in the Underwriting Agreement referred to below) at the purchase price set forth below. For purposes of this offering, the term “Registration Statement” (as defined in the Underwriting Agreement referred to below) means the registration statement on Form S-3 (No. 333-108557).
