0001193125-23-265672 Sample Contracts

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, 2023
Merger Agreement • October 30th, 2023 • Spirit Realty Capital, Inc. • Operators of nonresidential buildings • Maryland

This 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.”

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