AMERICAN REALTY CAPITAL PROPERTIES, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee SECOND SUPPLEMENTAL INDENTURE Dated as of December 10, 2013 3.75% Convertible Senior Notes due 2020Second Supplemental Indenture • December 11th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
SECOND SUPPLEMENTAL INDENTURE dated as of December 10, 2013 (this “Supplemental Indenture”) between AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).
BARCLAYS CAPITAL INC. Citigroup Global Markets Inc. UNDERWRITING AGREEMENT AMERICAN REALTY CAPITAL PROPERTIES, INC.Underwriting Agreement • December 11th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
American Realty Capital Properties, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), $250,000,000 principal amount of its 3.00% Convertible Senior Notes due 2018 (the “Underwritten Securities”) and, at the option of the Underwriters, up to an additional $37,500,000 million principal amount of its 3.00% Convertible Senior Notes due 2018 (the “Option Securities”) if and to the extent that the Underwriters shall have determined to exercise the option to purchase such additional 3.00% Convertible Senior Notes due 2018 granted to the Underwriters in Section 2 hereof. The Underwritten Securities and the Option Securities are herein referred to as the “Securities”. The Securities will be convertible at the Company’s election into cash, shares of common stock of the Company, par value $0.01 per share (the “Common Stock”), or a
