FIRST SUPPLEMENTAL INDENTURESupplemental Indenture • September 10th, 2004 • Erp Operating LTD Partnership • Real estate investment trusts • New York
THIS FIRST SUPPLEMENTAL INDENTURE, dated as of September 9, 2004 (this “Supplemental Indenture”), by and between ERP OPERATING LIMITED PARTNERSHIP, a limited partnership organized under the laws of the State of Illinois having its principal office at Two North Riverside Plaza, Suite 400, Chicago, Illinois, 60606 (hereinafter sometimes called the “Partnership”), and J.P. MORGAN TRUST COMPANY, NATIONAL ASSOCIATION (as successor in interest to Bank One Trust Company, N.A., as successor to The First National Bank of Chicago), having a corporate trust office at 227 West Monroe Street, 26th Floor, Chicago, Illinois, 60606 (the “Trustee”).
ERP OPERATING LIMITED PARTNERSHIP (an Illinois limited partnership) $500,000,000 5.25% Notes due 2014 TERMS AGREEMENTTerms Agreement • September 10th, 2004 • Erp Operating LTD Partnership • Real estate investment trusts
We (the “Representatives”) understand that ERP Operating Limited Partnership, an Illinois limited partnership (“ERP”), proposes to issue and sell $500,000,000 aggregate principal amount of 5.25% Notes due 2014 (the “Underwritten Securities”). Subject to the terms and conditions set forth or incorporated by reference herein, the Underwriters named below (the “Underwriters”) severally, and not jointly, agree to purchase the respective amounts of the Underwritten Securities set forth below opposite their respective names, at the purchase price set forth below.
