0001193125-18-209991 Sample Contracts

DISTRIBUTION AGREEMENT
Distribution Agreement • June 29th, 2018 • Dynex Capital Inc • Real estate investment trusts • New York

Dynex Capital, Inc., a Virginia corporation (the “Company”), confirms its agreement with each of J.P. Morgan Securities LLC and JMP Securities LLC, as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (each an “Agent” or collectively, the “Agents”), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below in this Distribution Agreement (this “Agreement”), of up to 10,000,000 shares (the “Maximum Number”) of Common Stock, $0.01 par value per share (the “Common Stock”), of the Company on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the “Shares” and are described in the Prospectus referred to below.

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