Date: December 8, 2021Registered Forward Transaction • December 13th, 2021 • Agree Realty Corp • Real estate investment trusts • New York
The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Wells Fargo Bank, National Association (“Dealer”) and Agree Realty Corporation (“Counterparty”) on the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below.
AGREE REALTY CORPORATION 5,000,000 Shares of Common Stock (Par Value $0.0001 Per Share) UNDERWRITING AGREEMENTUnderwriting Agreement • December 13th, 2021 • Agree Realty Corp • Real estate investment trusts • New York
Agree Realty Corporation, a Maryland corporation (the “Company”), Agree Limited Partnership, a Delaware limited partnership (the “Operating Partnership”), and Wells Fargo Bank, National Association (“Wells Fargo”), Bank of America, N.A. (“BofA”) and Morgan Stanley & Co. LLC (“Morgan Stanley”) (Wells Fargo, BofA and Morgan Stanley, in their capacity as seller of Common Stock (as defined below), the “Forward Sellers”), at the request of the Company in connection with the Forward Sale Agreements (as defined below), confirm their agreement with each of the underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter hereinafter substituted as provided in Section 11 hereof), for whom Wells Fargo Securities, LLC, BofA Securities, Inc. and Morgan Stanley & Co. LLC are acting as representatives (in such capacity, if and as applicable, the “Representatives”) with respect to the sale by the Forward Sellers, acting severally and not join
