PREFERRED APARTMENT COMMUNITIES, INC. Shares of Class A Common Stock FORM OF UNDERWRITING AGREEMENTUnderwriting Agreement • December 20th, 2010 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
Preferred Apartment Communities, Inc. Lock-Up AgreementLock-Up Agreement • December 20th, 2010 • Preferred Apartment Communities Inc • Real estate investment trusts • New York
Warrant to Purchase Class A Common Stock of Preferred Apartment Communities, Inc. WARRANT Dated: [ ], 2010Warrant Agreement • December 20th, 2010 • Preferred Apartment Communities Inc • Real estate investment trusts • Delaware
This certifies that INTERNATIONAL ASSETS ADVISORY, LLC (“IAA”) or any of its permitted transferees (IAA or any such permitted transferee is sometimes herein called the “Holder”) is entitled to purchase from Preferred Apartment Communities, Inc., a Maryland corporation (the “Company”), up to 150,000 shares of Class A Common Stock (the “Shares”), par value $0.01 per share, of the Company (the “ Class A Common Stock ”), at a purchase price of $[ ] per Share, which purchase price is equal to 125% of the gross per Share offering price to the public of the Class A Common Stock in the Company’s initial public offering of Class A Common Stock pursuant to the Company’s Registration Statement on Form S-11 (333-168407) filed with the Securities and Exchange Commission on July 30, 2010, as amended from time to time, subject to adjustment as described below (as so adjusted from time to time, the “Exercise Price”) during the four-year period as more fully set forth in Section 1.
FIRST AMENDMENT TO CONTRACT OF PURCHASE AND SALEContract of Purchase and Sale • December 20th, 2010 • Preferred Apartment Communities Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRACT OF PURCHASE AND SALE (this “First Amendment’) is made and entered into as of the 14th day of December, 2010 by and between PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, as assignee of Preferred Apartment Communities, Inc., a Maryland corporation (“Purchaser”), and OXFORD SUMMIT DEVELOPMENT, LLC, a Georgia limited liability company (“Oxford”), and WILLIAMS REALTY FUND I, LLC, a Georgia limited liability company (“Williams”; Oxford and Williams are hereinafter referred to individually as a “Seller” and collectively as “Sellers”).
FIRST AMENDMENT TO CONTRACT OF PURCHASE AND SALEContract of Purchase and Sale • December 20th, 2010 • Preferred Apartment Communities Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO CONTRACT OF PURCHASE AND SALE (this “First Amendment’) is made and entered into as of the 14th day of December, 2010 by and between PREFERRED APARTMENT COMMUNITIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, as assignee of Preferred Apartment Communities, Inc., a Maryland corporation (“Purchaser”), and OXFORD RISE PARTNERS LLC, a Georgia limited liability company (“Oxford”), and WILLIAMS OPPORTUNITY FUND, LLC, a Georgia limited liability company (“Williams”; Oxford and Williams are hereinafter referred to individually as a “Seller” and collectively as “Sellers”).
