0001104659-12-050525 Sample Contracts

COMMONWEALTH REIT (a Maryland real estate investment trust)
Underwriting Agreement • July 24th, 2012 • CommonWealth REIT • Real estate investment trusts • Maryland

CommonWealth REIT, a Maryland real estate investment trust (the “Company”), confirms its agreement with the underwriters named in Schedule A hereto (collectively, the “Underwriters” which term also includes any underwriter substituted as hereinafter provided in Section 10), for whom Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Morgan Stanley & Co. LLC, UBS Securities LLC and Wells Fargo Securities, LLC are acting as Representatives (the “Representatives”), with respect to the sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective principal amounts of the Company’s $175,000,000 aggregate principal amount of 5.75% Senior Notes due 2042 (the “2042 Notes”) set forth in said Schedule A and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of an additional $26,250,000 aggregate pri

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SUPPLEMENTAL INDENTURE NO. 21 by and between COMMONWEALTH REIT and as of July 25, 2012 SUPPLEMENTAL TO THE INDENTURE DATED AS OF JULY 9, 1997
Supplemental Indenture • July 24th, 2012 • CommonWealth REIT • Real estate investment trusts • Massachusetts

This SUPPLEMENTAL INDENTURE NO. 21 (this “Supplemental Indenture”) made and entered into as of July 25, 2012 between COMMONWEALTH REIT, a Maryland real estate investment trust (the “Company”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”),

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