0001193125-21-239286 Sample Contracts

ANNALY CAPITAL MANAGEMENT, INC. AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DISTRIBUTION AGENCY AGREEMENT
Distribution Agency Agreement • August 6th, 2021 • Annaly Capital Management Inc • Real estate investment trusts

Reference is made to the Amended and Restated Distribution Agency Agreement, dated August 6, 2020 (the “Distribution Agency Agreement”), between Annaly Capital Management, Inc., a Maryland corporation (the “Company”) and BofA Securities, Inc. (the “Sales Agent”), pursuant to which the Company agreed to issue and sell from time to time through or to the Sales Agent, as sales agent and/or principal, shares of its common stock, $0.01 par value per share (the “Common Stock”), on terms set forth therein. The Company also concurrently entered into separate distribution agency agreements (the “Amended and Restated Alternative Agreements”) with Barclays Capital Inc., Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, Keefe, Bruyette & Woods, Inc., RBC Capital Markets, LLC, UBS Securities LLC and Wells Fargo Securities, LLC (each, an “Alternative Agent,” and together with the Sales Agent, the “Agents”), to issue and sell from

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