0001144204-10-017058 Sample Contracts

CAPLEASE, INC. Shares of 8.125% Series A Cumulative Redeemable Preferred Stock UNDERWRITING AGREEMENT
Underwriting Agreement • March 31st, 2010 • CapLease, Inc. • Real estate investment trusts • New York

CapLease, Inc., a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters listed on Schedule I hereto (collectively, the “Underwriters”), for whom Wells Fargo Securities, LLC and Goldman, Sachs & Co. are acting as Representatives (in such capacity, the “Representatives”), with respect to (a) the sale by the Company of 1,800,000 shares (the “Initial Shares”) of 8.125% Series A Cumulative Redeemable Preferred Stock (liquidation preference $25.00 per share), par value $0.01 per share, of the Company (the “Series A Preferred Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of Series A Preferred Stock set forth opposite the names of the Underwriters in Schedule I hereto, and (b) the grant of the option described in Section 1(b) hereof to purchase all or any part of 270,000 additional shares of Series A Preferred Stock to cover over-allotments (the “Option Shares”), if any, from the Company

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