9,000,000 Shares HCP, INC. (a Maryland Corporation) Common Stock (Par Value $1.00 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2007 • Hcp, Inc. • Real estate investment trusts • New York
HCP, Inc., a Maryland corporation (the “Company”), confirms its agreement with you (the “Underwriter” or “you”), with respect to the issue and sale by the Company and the purchase by you of 9,000,000 shares of Common Stock, par value $1.00 per share, of the Company (the “Common Stock”) and with respect to the grant by the Company to you of the option described in Section 2(b) hereof to purchase all or any part of 1,350,000 additional shares of Common Stock. The aforesaid 9,000,000 shares of Common Stock (the “Initial Securities”) to be purchased by you and all or any part of the 1,350,000 shares of Common Stock subject to the option described in Section 2(b) hereof (the “Option Securities”) are collectively hereinafter called the “Securities.”
