0001144204-13-000898 Sample Contracts

First Amendment To Agreement and Plan of Merger
Agreement and Plan of Merger • January 7th, 2013 • American Realty Capital Trust, Inc. • Real estate • Maryland

This First Amendment to Agreement and Plan of Merger (this “Amendment”), dated as of January 6, 2013 is entered into by and among Realty Income Corporation, a Maryland corporation (“Parent”), Tau Acquisition LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent, and American Reality Capital Trust, Inc., a Maryland corporation (each, a “Party”, and collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the same meanings as set forth in the Agreement and Plan of Merger, dated as of September 6, 2012, by and among the Parties (the “Agreement”).

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