RESOURCE CAPITAL CORP. (par value $0.001 per share) (par value $0.001 per share) (par value $0.001 per share) At-the-Market Issuance Sales AgreementResource Capital Corp. • November 20th, 2014 • Real estate investment trusts • New York
Each of Resource Capital Corp., a Maryland corporation (the “Company”), Resource Capital Manager, Inc., a Delaware corporation (the “Manager”), and MLV & Co. LLC (“MLV”), having previously entered into (i) that certain 8.50% Series A Cumulative Redeemable Preferred Stock At-the-Market Issuance Sales Agreement, dated as of December 17, 2013, and (ii) that certain 8.25% Series B Cumulative Redeemable Preferred Stock At-the-Market Issuance Sales Agreement, dated as of December 17, 2013 (collectively, the “Prior Agreements”), hereby confirms its agreement (this “Agreement”) to terminate the Prior Agreements and its agreement that this Agreement supersedes and replaces the Prior Agreements in their entirety, including any negotiations, communications, and understandings (both written and oral) regarding the Prior Agreements. Each of the Company, the Manager and MLV confirms its further agreement as follows:
