FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 7th, 2013 • Realty Income Corp • Real estate investment trusts • 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”).
REALTY INCOME CORPORATIONLetter Agreement • January 7th, 2013 • Realty Income Corp • Real estate investment trusts
Reference is made to that (i) that certain letter agreement, dated as September 6, 2012 (the “Letter Agreement”), by and among Realty Income Corporation, a Maryland corporation (“Parent”), AR Capital, LLC, a Delaware limited liability company (“ARC”), and Nicholas S. Schorsch (“Schorsch”), and (ii) that certain First Amendment to Agreement and Plan of Merger, dated as of the date hereof (the “Amendment”), by and among Parent, Tau Acquisition LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent (“¨Merger Sub”), and American Realty Capital Trust, Inc., a Maryland corporation (the “Company”).
