0001144204-12-058666 Sample Contracts

American Realty Capital Properties, Inc. Up to $60,000,000 of shares of Common Stock ($0.01 par value per share) Equity Distribution Agreement
Equity Distribution Agreement • October 31st, 2012 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

American Realty Capital Properties, Inc., a Maryland corporation (the “Company”), and ARC Properties Operating Partnership, L.P., a Delaware limited partnership of which the Company is the sole general partner (the “Operating Partnership”), each confirms its respective agreements (this “Agreement”) with Deutsche Bank Securities Inc. (“Deutsche Bank Securities”) and the agents set forth in Schedule 1 hereto (each, an “Agent” and together with Deutsche Bank Securities, the “Agents”), as follows:

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