ACADIA REALTY TRUST Common Shares of Beneficial Interests ($0.001 par value per share) ATM EQUITY OFFERING SALES AGREEMENTAtm Equity Offering Sales Agreement • January 30th, 2012 • Acadia Realty Trust • Real estate investment trusts • New York
In connection with your instructions that we sell up to [●] AKR Common Shares at prices not less than US$ [●] per share, pursuant to Section 2 of the ATM Equity Offering Sales Agreement, dated January 27, 2012 (the “Agreement”), among Acadia Realty Trust (the “Company”), Acadia Realty Limited Partnership, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Deutsche Bank Securities Inc. and Wells Fargo Securities, LLC, please confirm by reply e-mail that the Company’s Prospectus (as defined in the Agreement), including the documents incorporated by reference therein, as of the date of this e-mail, does not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading.
