AGREEMENT AND PLAN OF MERGER by and among REALTY INCOME CORPORATION, SAINTS MD SUBSIDIARY, INC. and SPIRIT REALTY CAPITAL, INC. Dated as of October 29, 2023Merger Agreement • October 30th, 2023 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Maryland
Contract Type FiledOctober 30th, 2023 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER, dated as of October 29, 2023 (this “Agreement”), is by and among Realty Income Corporation, a Maryland corporation (“Parent”), Saints MD Subsidiary, Inc., a Maryland corporation and a direct wholly owned Subsidiary of Parent (“Merger Sub”), and Spirit Realty Capital, Inc., a Maryland corporation (the “Company”). Each of Parent, Merger Sub, and the Company is referred to herein as a “party” and, collectively, the “parties.”