0001104659-21-026025 Sample Contracts

AGREE REALTY CORPORATION Shares of Common Stock (Par Value $0.0001 Per Share) EQUITY DISTRIBUTION AGREEMENT Dated: February 22, 2021
Equity Distribution Agreement • February 22nd, 2021 • Agree Realty Corp • Real estate investment trusts • New York

The undersigned, Joel Agree and Simon Leopold, the duly qualified and elected Chief Executive Officer and President, and Chief Financial Officer and Secretary, respectively, of Agree Realty Corporation, a Maryland corporation (the “Company”), do hereby certify on behalf of the Company, for itself and in its capacity as sole member of the general partner of Agree Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), pursuant to Section 7(o) of those certain Equity Distribution Agreements dated February 22, 2021 (the “Non-Forward Agreements”), among the Company and the Operating Partnership, on the one hand, and each of Robert W. Baird & Co. Incorporated, Stifel, Nicolaus & Company, Incorporated and Capital One Securities, Inc. as managers (collectively, the “Non-Forward Managers”), and those certain Equity Distribution Agreements dated February 22, 2021 (together with the Non-Forward Agreements, the “Agreements”), among the Company and the Operating Partners

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AGREE REALTY CORPORATION Shares of Common Stock (Par Value $0.0001 Per Share) EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • February 22nd, 2021 • Agree Realty Corp • Real estate investment trusts • New York

The undersigned, Joel Agree and Simon Leopold, the duly qualified and elected Chief Executive Officer and President, and Chief Financial Officer and Secretary, respectively, of Agree Realty Corporation, a Maryland corporation (the “Company”), do hereby certify on behalf of the Company, for itself and in its capacity as sole member of the general partner of Agree Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), pursuant to Section 7(o) of those certain Equity Distribution Agreements dated February 22, 2021 (the “Non-Forward Agreements”), among the Company and the Operating Partnership, on the one hand, and each of Robert W. Baird & Co. Incorporated, Stifel, Nicolaus & Company, Incorporated, and Capital One Securities, Inc.as managers (collectively, the “Non-Forward Managers”), and those certain Equity Distribution Agreements dated February 22, 2021 (together with the Non-Forward Agreements, the “Agreements”), among the Company and the Operating Partners

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