0001193125-13-374727 Sample Contracts

MARCUS AND MILLICHAP, INC.
Restricted Stock Unit Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Restricted Stock Unit Award Agreement (the “Award Agreement”).

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FORM OF AMENDMENT, RESTATEMENT AND FREEZING OF STOCK APPRECIATION RIGHTS AGREEMENT
Stock Appreciation Rights Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

This Amendment, Restatement and Freeze of Stock Appreciation Rights Agreement (this “Agreement”) is made and entered into effective as of [ ], 2013 (the “Effective Date”) by and between Marcus & Millichap Real Estate Investment Services, Inc., a California corporation (the “Company”), and [ ] (“Employee”).

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MARCUS AND MILLICHAP, INC. FORM OF
Stock Option Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Stock Option Award Agreement (the “Award Agreement”).

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FORM OF TRANSITION SERVICES AGREEMENT
Transition Services Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • Delaware

THIS TRANSITION SERVICES AGREEMENT (this “Agreement”) is made and entered into as of this [__]th day of [ ], 2013 between Marcus & Millichap, Inc., a Delaware corporation (“MMI”), and Marcus & Millichap Company, a California corporation, and its subsidiary M&M Corporate Services, Inc., a California corporation (together referred to herein as “MMC”) (collectively, the “parties” or individually a “party”).

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PRESIDENT AND CHIEF EXECUTIVE OFFICER EMPLOYMENT AGREEMENT
President and Chief Executive Officer • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

AGREEMENT made effective as of the 1st day of July, 2010, by and between MARCUS & MILLICHAP REAL ESTATE INVESTMENT SERVICES, INC. a California corporation, hereinafter referred to as “Company” and JOHN J. KERIN, hereinafter referred to as “Employee.”

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FORM OF DEBT-FOR-EQUITY EXCHANGE AGREEMENT
Equity Exchange Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • Delaware

This DEBT-FOR-EQUITY EXCHANGE AGREEMENT dated as of [•], 2013 (this “Agreement”), is made among MARCUS & MILLICHAP COMPANY, a California corporation (“MMC”), GEORGE M. MARCUS, WILLIAM A. MILLICHAP, THE DONALD AND BEVERLY LORENZ LIVING TRUST, DONALD A. LORENZ 2012 DYNASTY TRUST, BEVERLY J. LORENZ 2012 DYNASTY TRUST, and LORENZ CAPITAL ASSETS, L.P., a California limited partnership (collectively, the “Debt Holders”), and, solely with respect to Sections 4(b) and 5 through 12 hereof, MARCUS & MILLICHAP, INC., a Delaware corporation (“MMI”).

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TAX MATTERS AGREEMENT
Tax Matters Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others)

This TAX MATTERS AGREEMENT (this “Agreement”) is entered into as of [ ], 2013, by and among Marcus & Millichap Company, a California corporation (“MMC”), and Marcus & Millichap, Inc., a Delaware corporation and a wholly owned subsidiary of MMC (“MMREIS”) (MMC and MMREIS are sometimes collectively referred to herein as the “Companies” and, as the context requires, individually referred to herein as the “Company”).

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MARCUS AND MILLICHAP, INC. FORM OF
Deferred Stock Unit Award Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

Unless otherwise defined herein, the terms defined in the Marcus and Millichap, Inc. 2013 Omnibus Equity Incentive Plan (the “Plan”) will have the same defined meanings in this Deferred Stock Unit Award Agreement (the “Award Agreement”).

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FORM OF SEPARATION AND DISTRIBUTION AGREEMENT BETWEEN MARCUS & MILLICHAP COMPANY AND MARCUS & MILLICHAP, INC.
Separation and Distribution Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

THIS SEPARATION AND DISTRIBUTION AGREEMENT, dated as of [—], 2013, is by and between MARCUS & MILLICHAP COMPANY, a California corporation (“MMC”) and MARCUS & MILLICHAP, INC., a Delaware corporation (the “Company”). Capitalized terms used herein and not otherwise defined shall have the respective meanings assigned to them in Article I hereof.

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FORM OF SALE RESTRICTION AGREEMENT
Sale Restriction Agreement • September 23rd, 2013 • Marcus & Millichap, Inc. • Real estate agents & managers (for others) • California

This Sale Restriction Agreement (this “Agreement”) is made and entered into effective as of [ ], 2013 (the “Effective Date”) by and between Marcus & Millichap Real Estate Investment Services, Inc., a California corporation (the “Company”), and [ ] (“Employee”).

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