0001104659-20-136371 Sample Contracts

AMERICAN FINANCE TRUST, INC. UNDERWRITING AGREEMENT 3,200,000 Shares of 7.375% Series C Cumulative Redeemable Perpetual Preferred Stock (Liquidation Preference $25.00 Per Share)
Underwriting Agreement • December 16th, 2020 • American Finance Trust, Inc • Real estate investment trusts • New York

Issuer Free Writing Prospectus, dated December 14 2020, filed with the Commission pursuant to Rule 433, substantially in the form of Schedule IV to this Agreement.

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SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN FINANCE OPERATING PARTNERSHIP, L.P.
American Finance Trust, Inc • December 16th, 2020 • Real estate investment trusts • Delaware

THIS SIXTH AMENDMENT TO SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. (this “Amendment”), dated as of December 16, 2020, is entered into by AMERICAN FINANCE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”) of AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Partnership”), for itself and on behalf of any limited partners of the Partnership. Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Second Amended and Restated Agreement of Limited Partnership of the Partnership entered into on July 19, 2018 (as now or hereafter amended, restated, modified, supplemented or replaced, the “Partnership Agreement”).

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