American Realty Capital Properties, Inc. Up to $500,000,000 of shares of Common Stock ($0.01 par value per share) Equity Distribution AgreementEquity Distribution Agreement • November 26th, 2013 • 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 the several distribution agents named above (each, a “Distribution Agent,” and collectively, the “Distribution Agents”) (provided that, the Company may add one or more additional Distribution Agents upon the written agreement of such additional Distribution Agent agreeing to be bound by the terms hereof (which agreement shall be acknowledged in writing by the Company) upon the occurrence of any of the following: (i) the date that is the earlier of (x) one year after the expiration or termination of the Amended and Restated Engagement Letter dated November 13, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the "Engagement Letter") if the Merger (as defi
