CAPLEASE, INC. 2,800,000 SHARES OF SERIES C PREFERRED STOCK AT-THE-MARKET ISSUANCE SALES AGREEMENTCapLease, Inc. • March 15th, 2013 • Real estate investment trusts • New York
CapLease, Inc., a Maryland corporation (the “Company”), and Caplease, LP, a Delaware limited partnership (the “Operating Partnership”) confirm their respective agreements (such agreements, including any Terms Agreements (defined below) except where the context otherwise requires, this “Agreement”) with MLV & Co. LLC (“MLV”) as follows:
FOURTH AMENDMENT TO FIRST AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF CAPLEASE, LPCapLease, Inc. • March 15th, 2013 • Real estate investment trusts
In connection with the issuance of up to 2,800,000 shares of 7.25% Series C Cumulative Redeemable Preferred Stock by CapLease, Inc. (the “Company” and the “Original Limited Partner”) and the contribution to Caplease, LP (the “Partnership”) by the Original Limited Partner of some or all of the net proceeds therefrom and pursuant to Article XII of the First Amended and Restated Limited Partnership Agreement of Caplease, LP (the “Partnership Agreement”), this FOURTH AMENDMENT TO FIRST AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF CAPLEASE, LP (this “Amendment”) is made and entered into as of the 15th day of March, 2013, by and between CLF OP General Partner LLC (the “General Partner”) and the Original Limited Partner for the sole purpose of (i) increasing the number of designated Series C Preferred Units to 4,500,000 and (ii) authorizing the issuance of up to an additional 2,800,000 Series C Preferred Units to the Original Limited Partner, from time to time as follows:
