0001193125-09-173031 Sample Contracts

DUKE REALTY CORPORATION (an Indiana Corporation) DUKE REALTY LIMITED PARTNERSHIP (an Indiana Limited Partnership) $250,000,000 7.375% Senior Notes due February 15, 2015 $250,000,000 8.250% Senior Notes due August 15, 2019 TERMS AGREEMENT
Terms Agreement • August 12th, 2009 • Duke Realty Limited Partnership/ • Real estate • Indiana

Redemption or repayment provisions: The 2015 Notes shall be redeemable by the Operating Partnership, in whole or in part, at any time at a redemption price equal to the principal amount of the 2015 Notes being redeemed plus the Make-Whole Amount, on the terms set forth in the Indenture, dated as of July 28, 2006, between the Operating Partnership and The Bank of New York Mellon Trust Company, N.A. (successor to J.P. Morgan Trust Company, National Association), as trustee (the “Trustee”), and the Fifth Supplemental Indenture, to be dated as of August 11, 2009, between the Operating Partnership and the Trustee (the “2015 Indenture”).

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