0001104659-04-037743 Sample Contracts

DUKE REALTY CORPORATION (an Indiana Corporation) DUKE REALTY LIMITED PARTNERSHIP (an Indiana limited partnership) Common Stock, Preferred Stock, Depositary Shares and Debt Securities UNDERWRITING AGREEMENT
Underwriting Agreement • November 29th, 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

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DEFINITIONS Section 1.1. “Articles of Incorporation” Section 1.2. “Company” Section 1.3. “Corporate Office” Section 1.4. “Deposit Agreement” Section 1.5. “Depositary” Section 1.6. “Depositary Share” Section 1.7. “Depositary’s Agent” Section 1.8....
Exhibit • November 29th, 2004 • Duke Realty Corp • Real estate investment trusts • New York

DEPOSIT AGREEMENT, dated as of November 30, 2004, among DUKE REALTY CORPORATION, an Indiana corporation (the “Company”), and American Stock Transfer & Trust Co., a New York banking corporation, as Depositary, and all holders from time to time of Receipts (as hereinafter defined) issued hereunder.

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