0001140361-22-005603 Sample Contracts

MODIV INC. UNDERWRITING AGREEMENT
Underwriting Agreement • February 15th, 2022 • Modiv Inc. • Real estate investment trusts • New York

Modiv Inc., a Maryland corporation (the “Company”), and Modiv Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), jointly and severally, confirm their agreement with B. Riley Securities, Inc. (the “Underwriter”) with respect to the issue and sale by the Company and the purchase by the Underwriter, subject to the terms and conditions stated in this agreement (this “Agreement”), of an aggregate of 40,000 shares (the “Shares”) of the Company’s Class C common stock, $0.001 par value per share (the “Class C Common Stock”).

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