CAPLEASE, INC. 9,000,000 SHARES OF COMMON STOCK AND 1,000,000 SHARES OF SERIES A PREFERRED STOCK AND 1,000,000 SHARES OF SERIES B PREFERRED STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • May 25th, 2012 • CapLease, Inc. • Real estate investment trusts • New York
CAPLEASE, INC., a Maryland corporation (the “Company”), and CAPLEASE, LP, a Delaware limited partnership (the “Operating Partnership”), confirm their respective agreements (such agreements, including any Terms Agreements (defined below) except where the context otherwise requires, this “Agreement”) with Cantor Fitzgerald & Co. (“CF&Co”), as follows:
