0001144204-13-003393 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
The Agreement • January 22nd, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership are party to that certain Equity Distribution Agreement, dated as of October 29, 2012, with Deutsche Bank Securities Inc., JMP Securities LLC, Ladenburg Thalmann & Co. Inc., RBS Securities Inc. and Robert W. Baird (the “Existing Distribution Agreement”), with respect to the subject matter set forth in, and the transactions contemplated by, this Agreement and the Alternative Distribution Agreements (as defined below). This Agreement and the Alternative Distribution Agreements replace and supersede the Existing Distribution Agreement in its entirety.

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American Realty Capital Properties, Inc. Up to $60,000,000 of shares of Common Stock ($0.01 par value per share) Equity Distribution Agreement
Distribution Agreement • January 22nd, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership are party to that certain Equity Distribution Agreement, dated as of October 29, 2012, with Deutsche Bank Securities Inc., JMP Securities LLC, Ladenburg Thalmann, RBS Securities Inc. and Robert W. Baird & Co. Incorporated (the “Existing Distribution Agreement”), with respect to the subject matter set forth in, and the transactions contemplated by, this Agreement and the Alternative Distribution Agreements (as defined below). This Agreement and the Alternative Distribution Agreements replace and supersede the Existing Distribution Agreement in its entirety.

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 • January 22nd, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership are party to that certain Equity Distribution Agreement, dated as of October 29, 2012, with Deutsche Bank Securities Inc., JMP Securities, Ladenburg Thalmann & Co. Inc., RBS Securities Inc. and Robert W. Baird & Co. Incorporated (the “Existing Distribution Agreement”), with respect to the subject matter set forth in, and the transactions contemplated by, this Agreement and the Alternative Distribution Agreements (as defined below). This Agreement and the Alternative Distribution Agreements replace and supersede the Existing Distribution Agreement in its entirety.

American Realty Capital Properties, Inc. Up to $60,000,000 of shares of Common Stock ($0.01 par value per share) Equity Distribution Agreement
Distribution Agreement • January 22nd, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership are party to that certain Equity Distribution Agreement, dated as of October 29, 2012, with Deutsche Bank Securities Inc., JMP Securities LLC, Ladenburg Thalmann & Co. Inc., RBS Securities and Robert W. Baird & Co. Incorporated (the “Existing Distribution Agreement”), with respect to the subject matter set forth in, and the transactions contemplated by, this Agreement and the Alternative Distribution Agreements (as defined below). This Agreement and the Alternative Distribution Agreements replace and supersede the Existing Distribution Agreement in its entirety.

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 • January 22nd, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership are party to that certain Equity Distribution Agreement, dated as of October 29, 2012, with Deutsche Bank Securities Inc., JMP Securities LLC, Ladenburg Thalmann & Co. Inc., RBS Securities Inc. and Robert W. Baird & Co. Incorporated (the “Existing Distribution Agreement”), with respect to the subject matter set forth in, and the transactions contemplated by, this Agreement and the Alternative Distribution Agreements (as defined below). This Agreement and the Alternative Distribution Agreements replace and supersede the Existing Distribution Agreement in its entirety.

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