FORWARD CONFIRMATIONForward Confirmation • March 3rd, 2023 • Getty Realty Corp /Md/ • Real estate
The purpose of this letter agreement (this “Forward Confirmation”) is to confirm the terms and conditions of the transaction entered into between JPMorgan Chase Bank, National Association (“Party A”) and Getty Realty Corp. (“Party B”) on the Trade Date specified below (the “Transaction”) in connection with the Underwriting Agreement dated February 28, 2023 between Counterparty, J.P. Morgan Securities LLC and BofA Securities, Inc.(the “Underwriting Agreement”). This letter agreement constitutes a “Confirmation” as referred to the Agreement (as defined below).
Getty Realty Corp. Shares of Common Stock Underwriting AgreementUnderwriting Agreement • March 3rd, 2023 • Getty Realty Corp /Md/ • Real estate • New York
Each of Getty Realty Corp., a Maryland corporation (the “Company”), BofA Securities, Inc. and J.P. Morgan Securities LLC (each, in its capacity as agent for its affiliated Forward Purchaser (as defined below) in connection with the offering and sale of any Borrowed Shares (as defined below), a “Forward Seller” or collectively, the “Forward Sellers”), in connection with (i) the letter agreement dated the date hereof between the Company and Bank of America, N.A., and (ii) the letter agreement dated the date hereof between the Company and JPMorgan Chase Bank, National Association (each such letter agreement, an “Initial Forward Sale Agreement,” and together, the “Initial Forward Sale Agreements,” and Bank of America, N.A. and JPMorgan Chase Bank, National Association, in their capacities as counterparties to the respective Forward Sale Agreements, the “Forward Purchasers”) relating to the forward sale by the Company, subject to the Company’s right to elect Physical Settlement, Cash Settle
