Up to 5,000,000 shares of Common Stock (par value $0.0001 per share) EQUITY DISTRIBUTION AGREEMENTTerms Agreement • September 2nd, 2014 • Essex Portfolio Lp • Real estate investment trusts • New York
ESSEX PROPERTY TRUST, INC., a Maryland corporation (the “Company”), confirms its agreement (this “Agreement”) with [_________________] (“[Agent]”), as follows:
Up to 5,000,000 shares of Common Stock (par value $0.0001 per share) AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • September 2nd, 2014 • Essex Portfolio Lp • Real estate investment trusts • New York
ESSEX PROPERTY TRUST, INC., a Maryland corporation (the “Company”), and [__________] (“[Agent]”) hereby enter into this Amended and Restated Equity Distribution Agreement (this “Agreement”), amending and restating in its entirety the Equity Distribution Agreement dated as of May 15, 2014. Notwithstanding anything to the contrary contained herein, this Agreement shall not have any effect on offerings or sales of Shares prior to the effective date or on the terms of the Equity Distribution Agreement dated as of May 15, 2014, and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales, including, without limitation, the representations, warranties and agreements (including the indemnification and contribution provisions). The Company confirms its agreement with [Agent] as follows:
