Atm Equity Offering Sales Agreement Sample Contracts

Cohen & Steers, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • April 22nd, 2024 • Cohen & Steers, Inc. • Investment advice • New York

Cohen & Steers, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through BofA Securities, Inc. (“BofA”), as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price of not to exceed $100.0 million, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity Offering SM Sales Agreement and any applicable Terms Agreement.

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EX-1.1 2 a18-7057_1ex1d1.htm EX-1.1 Armada Hoffler Properties, Inc. Common Stock ($0.01 par value per share) ATM EQUITY OFFERINGSM SALES AGREEMENT February 26, 2018 Merrill Lynch, Pierce, Fenner & Smith Incorporated One Bryant Park New York, New York...
Atm Equity Offering Sales Agreement • May 5th, 2020 • New York

Armada Hoffler Properties, Inc., a Maryland corporation (the “Company”), and Armada Hoffler, L.P., a Virginia limited partnership (the “Operating Partnership” and, together with the Company, the “Transaction Entities”), propose that the Company, subject to the terms and conditions stated herein, may issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, $0.01 par value per share (the “Common Stock”), having an aggregate gross sales price of up to $125,000,000 (the “Shares”), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to “this Agreeme

ACADIA REALTY TRUST Common Shares of Beneficial Interest ($0.001 par value per share) ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • October 28th, 2024 • Acadia Realty Trust • Real estate investment trusts • New York

Truist Securities, Inc. 3333 Peachtree Road NE, 11th Floor Atlanta, Georgia 30326 Wells Fargo Securities, LLC 500 West 33rd Street, 14th Floor New York, New York 10001

Ventas, Inc. Common Stock ($0.25 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • March 8th, 2013 • Ventas Inc • Real estate investment trusts • New York

Ventas, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Barclays Capital Inc. (“Barclays”), Citigroup Global Markets Inc. (“Citi”), Goldman, Sachs & Co. (“Goldman”), J.P. Morgan Securities LLC (“JP Morgan”) or RBC Capital Markets, LLC (“RBC”), as sales agent and/or principal (each, an “Agent”, and collectively, the “Agents”), shares (the “Shares”) of the Company’s common stock, $0.25 par value (the “Common Stock”), having an aggregate gross sales price of not to exceed $750,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to an Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance wit

ACADIA REALTY TRUST Common Shares of Beneficial Interest ($0.001 par value per share) ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • July 6th, 2016 • Acadia Realty Trust • Real estate investment trusts • New York
American Healthcare REIT, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • November 18th, 2024 • American Healthcare REIT, Inc. • Real estate investment trusts • New York

American Healthcare REIT, Inc., a Maryland corporation (the “Company”), proposes, on the basis of the representations and warranties, and subject to the terms and conditions stated herein and in the ATM Equity Offering Sales Agreement, dated November 18, 2024 (the “Sales Agreement”), among the Company and American Healthcare REIT Holdings, LP, a Delaware limited partnership (the “Operating Partnership”), and BofA Securities, Inc., Barclays Capital Inc., Citigroup Global Markets Inc., Citizens JMP Securities, LLC, Credit Agricole Securities (USA) Inc., Fifth Third Securities, Inc., KeyBanc Capital Markets Inc., Morgan Stanley & Co. LLC, RBC Capital Markets, LLC, Regions Securities LLC and Truist Securities, Inc., as sales agents, principals and/or (except in the case of Fifth Third Securities, Inc.) forward sellers (in any such capacity, each an “Agent”, and collectively, the “Agents”) and Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Citizens JMP Securities, LLC, Crédit Agr

Essential Properties Realty Trust, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • July 30th, 2021 • Essential Properties Realty Trust, Inc. • Real estate investment trusts • New York

In addition, in the event that any or all of the Option Securities are purchased by the Underwriter, payment of the purchase price for, and delivery of certificates for, such Option Securities shall be made at the above-mentioned offices, or at such other place as shall be agreed upon by the Underwriter and the Company, on each Date of Delivery as specified in the notice from the Underwriter to the Company.

COEUR MINING, INC. $50,000,000 Shares of Common Stock ($0.01 Par Value Per Share) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • August 10th, 2023 • Coeur Mining, Inc. • Gold and silver ores • New York

Coeur Mining, Inc., a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with BMO Capital Markets Corp. (the “BMO”), RBC Capital Markets, LLC (“RBC”) and BofA Securities, Inc. (“BofA,” and together with BMO and RBC, the “Agents” and each individually, an “Agent”) with respect to the issuance and sale from time to time by the Company of shares (the “Shares”) of the Company’s common stock, $0.01 par value per share (the “Common Stock”), having an aggregate offering price of up to Fifty Million United States Dollars ($50,000,000) (the “Maximum Amount”) through or to the Agents, as sales agents or principals, on the terms and subject to the conditions set forth in this Agreement.

Universal Health Realty Income Trust Common Shares of Beneficial Interest ($.01 par value) AMENDED AND RESTATED ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 3rd, 2016 • Universal Health Realty Income Trust • Real estate investment trusts • New York

This Agreement amends and restates in its entirety that certain ATM Equity OfferingSM Sales Agreement, dated November 8, 2013, by and among the Trust, UHS of Delaware, Inc. (the “Advisor”) and the Agent (the “Original Agreement”), which contemplated the issuance and sale of Shares having an aggregate offering price of up to $50 million to or through the Agent, of which Shares having an aggregate offering price of $26,701,986 have been issued and sold pursuant to the Original Agreement. As of the date hereof, Shares having an aggregate offering price of up to $23,296,027 remain authorized for issuance and sale pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained herein, this Agreement shall not have any effect on offerings or sales of Shares prior to the date hereof pursuant to the Original Agreement or on the terms of the Original Agreement and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales,

Tattooed Chef, Inc. Common Stock ($0.0001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • June 16th, 2021 • Tattooed Chef, Inc. • Miscellaneous food preparations & kindred products • New York

The stockholder of Tattooed Chef, Inc., a Delaware corporation (the “Company”) that is a signatory hereto (the “Selling Stockholder”) proposes, subject to the terms and conditions stated herein, to sell from time to time to or through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), up to 2,000,000 shares (the “Shares”) of the Company’s common stock, $0.0001 par value (the “Common Stock”), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company and the Selling Stockholder agree that whenever the Selling Stockholder determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(j) hereof. References herein to “this Agreement” or to matters contained “herein” or “hereunder”, or words of similar import, mean this ATM Equity Offering SM Sales Agreement and any applicabl

TORTOISE ENERGY INFRASTRUCTURE CORPORATION Common Stock ($0.001 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • July 21st, 2009 • Tortoise Energy Infrastructure Corp • New York

Tortoise Energy Infrastructure Corporation, a Maryland corporation (the “Fund”), and the Fund’s investment adviser, Tortoise Capital Advisors, LLC, a Delaware limited liability company (the “Adviser”), each confirm their agreement, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Fund’s common stock, $0.001 par value per share (the “Common Stock”), having an aggregate gross sales price of up to $40,000,000 (the “Maximum Amount”) on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Fund and the Adviser agree that whenever the Fund determines to sell Shares directly to the Agent as principal, the Fund and the Adviser will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance

Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 10th, 2016 • Hannon Armstrong Sustainable Infrastructure Capital, Inc. • Real estate investment trusts • New York

Hannon Armstrong Sustainable Infrastructure Capital, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price not to exceed $75,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement with the Agent (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. The Company is entering into a separate but parallel ATM equity offering sales agreement (the “Alternative Agreement” and, collectively with this Agreement, the “S

FORM OF ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • February 11th, 2014 • Highwoods Realty LTD Partnership • Lessors of real property, nec • New York

Highwoods Properties, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), as sales agent and/or principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (this “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

SL GREEN REALTY CORP. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • February 16th, 2011 • Sl Green Realty Corp • Real estate investment trusts • New York
Starwood Property Trust, Inc. Common Stock ($0.01 par value) AMENDED AND RESTATED ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 27th, 2014 • Starwood Property Trust, Inc. • Real estate investment trusts • New York

Starwood Property Trust, Inc., a corporation organized under the laws of Maryland (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $500,000,000 on the terms set forth in Section 3 of this Amended and Restated ATM Equity OfferingSM Sales Agreement (the “Agreement”), which amends and restates the ATM Equity OfferingSM Sales Agreement, dated as of June 22, 2012, by and among the Company, SPT Management, LLC, a Delaware limited liability company (the “Manager”), and the Agent. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (a “Terms Agreement”) in substantially the form of Annex I hereto, rela

EX-1.1 2 d384412dex11.htm EX-1.1 Execution Version Enable Midstream Partners, LP Common Units Representing Limited Partner Interests Having an Aggregate Gross Sales Price Not to Exceed $200,000,000 ATM EQUITY OFFERINGSM SALES AGREEMENT May 12, 2017...
Atm Equity Offering Sales Agreement • May 5th, 2020

Enable Midstream Partners, LP, a Delaware limited partnership (the “Partnership”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”), Barclays Capital Inc., Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, Deutsche Bank Securities Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, Mizuho Securities USA LLC, Morgan Stanley & Co. LLC, MUFG Securities Americas Inc., RBC Capital Markets, LLC, SunTrust Robinson Humphrey, Inc. or Wells Fargo Securities, LLC, as sales agent and/or principal (each, an “Agent”, and collectively, the “Agents”), common units representing limited partner interests in the Partnership (the “Common Units”), having an aggregate gross sales price not to exceed $200,000,000 (the “Units”), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Partnership agrees that whenever it determines to sell U

PIEDMONT NATURAL GAS COMPANY, INC. COMMON STOCK, NO PAR VALUE ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • January 7th, 2015 • Piedmont Natural Gas Co Inc • Natural gas distribution • New York
UDR, INC. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • March 31st, 2011 • UDR, Inc. • Real estate investment trusts • New York
ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • July 31st, 2014 • UDR, Inc. • Real estate investment trusts • New York

Reference is made to the ATM Equity OfferingSM Sales Agreement dated April 4, 2012 (the “Agreement”) by and among UDR, Inc. (the “Company”) and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, J.P. Morgan Securities LLC, and Morgan Stanley & Co. LLC (collectively, the “Parties”). On July 29, 2014, the Company and United Dominion Realty, L.P. (the “Operating Partnership”) filed with the Securities and Exchange Commission (the “Commission”) an “automatic shelf registration statement” as defined under Rule 405 under the Securities Act of 1933, as amended (the “1933 Act”), on Form S-3 (File No. 333-197710) (the “Registration Statement”), in respect of certain of the Company’s and the Operating Partnership’s securities, in anticipation of the expiration of the Company’s automatic shelf registration statement on Form S-3 (File No. 333-176616) (the “Expiring Registration Statement”). The Parties wish to amend the Agreement

WILMINGTON TRUST CORPORATION Common Stock ($1.00 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • September 22nd, 2008 • Wilmington Trust Corp • State commercial banks • New York

Wilmington Trust Corporation, a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent (the “Agent”), shares (the “Shares”) of the Company’s common stock, $1.00 par value (the “Common Stock”), having an aggregate offering price of up to $150,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”).

ACUMEN PHARMACEUTICALS, INC. Common Stock ($0.0001 par value) AMENDMENT NO. 1 TO THE ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • April 27th, 2023 • Acumen Pharmaceuticals, Inc. • Biological products, (no disgnostic substances) • New York

This Amendment No. 1 (this “Amendment”) to the ATM Equity OfferingSM Sales Agreement, dated July 1, 2022 (as amended, restated, amended and restated, supplemented or otherwise modified in writing through the date hereof, the “Existing Sales Agreement” and as amended by this Amendment, the “Sales Agreement”), is made and entered into as of the date hereof by and among Acumen Pharmaceuticals, Inc., a Delaware corporation (the “Company”) and BofA Securities, Inc. (“BofA”), Stifel, Nicolaus & Company, Incorporated (“Stifel”) and BTIG, LLC (the “New Agent”), as sales agent and/or principal (each of BofA and Stifel, an “Original Agent” and, together, the “Original Agents,” and the Original Agents, together with the New Agent, the “Agents”). The Company and the Original Agents are referred to herein collectively as the “Original Parties.” The Company and the Agents are referred to herein individually as a “Party” and, collectively, as the “Parties.” Capitalized terms used but not otherwise de

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AMENDMENT NO. 2 TO ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • August 4th, 2021 • Acadia Realty Trust • Real estate investment trusts • New York

AMENDMENT NO. 2, dated as of the 29th day of July, 2021 (the “Amendment No. 2”), by and among Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), Acadia Realty Limited Partnership, a Delaware limited partnership (the “Partnership”), BofA Securities, Inc., Barclays Capital Inc., Citigroup Global Markets Inc. (in its capacity as forward seller, acting as agent for Citibank, N.A.), Goldman Sachs & Co. LLC, Jefferies LLC, Truist Securities, Inc. (formerly known as SunTrust Robinson Humphrey, Inc.) and Wells Fargo Securities, LLC, each as sales agent, principal and/or forward seller to that certain ATM Equity Offering Sales Agreement, dated May 31, 2019, as amended by the amendment dated March 18, 2021 (the “Agreement”).

Ship Finance International Limited Common Stock ($1.00 par value) AMENDMENT NO. 1 TO ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 6th, 2009 • SFL Golden Straits Ltd. • Deep sea foreign transportation of freight • New York

This Amendment No. 1 to the ATM Equity OfferingSM Sales Agreement (this “Amendment”) is made and entered into as of May 5, 2009 by Ship Finance International Limited, a Bermuda corporation (the “Company”), and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Agent”).

Starwood Property Trust, Inc. Common Stock ($0.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • June 22nd, 2012 • Starwood Property Trust, Inc. • Real estate investment trusts • New York

Starwood Property Trust, Inc., a corporation organized under the laws of Maryland (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and principal (the “Agent”), shares (the “Shares”) of the Company’s common stock, $0.01 par value (the “Common Stock”), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 3 of this ATM Equity OfferingSM Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (a “Terms Agreement”) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 4 of this Agreement.

Common Stock ($0.01 par value per share) ($0.01 par value per share) ATM EQUITY OFFERING SALES AGREEMENT
Atm Equity Offering Sales Agreement • March 10th, 2020 • Armada Hoffler Properties, Inc. • Real estate • New York

Each of Armada Hoffler Properties, Inc., a Maryland corporation (the “Company”), and Armada Hoffler, L.P., a Virginia limited partnership (the “Operating Partnership” and, together with the Company, the “Transaction Entities”), confirms its agreement with (i) each of Jefferies LLC, Robert W. Baird & Co. Incorporated and Regions Securities LLC as sales agent, forward seller (in the case of Jefferies LLC) and/or principal (in any such capacity, each, an “Agent,” and collectively, the “Agents”), and (ii) Jefferies LLC (in such capacity, the “Forward Purchaser”) on the terms set forth in this ATM Equity Offering Sales Agreement (the “Agreement”). For purposes of clarity, it is understood and agreed by the parties hereto that, if Forward Hedge Shares (as defined below) are offered or sold through the applicable Agent acting as forward seller for the Forward Purchaser, then such Agent, as forward seller, shall be acting as sales agent for such Forward Purchaser with respect to the offering a

AMENDMENT NO. 1 TO
Atm Equity Offering Sales Agreement • January 9th, 2024 • Acadia Realty Trust • Real estate investment trusts • New York

AMENDMENT NO. 1, dated as of January 9, 2024 (“Amendment No. 1”), by and among Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), Acadia Realty Limited Partnership, a Delaware limited partnership (the “Partnership”), BofA Securities, Inc., Barclays Capital Inc., Citigroup Global Markets Inc., Goldman Sachs & Co. LLC, Jefferies LLC, J.P. Morgan Securities LLC, TD Securities (USA) LLC, Truist Securities, Inc. and Wells Fargo Securities, LLC, each as sales agent, principal and/or forward seller (in such capacity, each an “Agent,” and together, the “Agents”) and Bank of America, N.A., Barclays Bank PLC, Citibank, N.A., Goldman Sachs & Co. LLC, Jefferies LLC, JPMorgan Chase Bank, National Association, The Toronto-Dominion Bank, Truist Bank and Wells Fargo Bank, National Association, each as forward purchaser (in such capacity, each a “Forward Purchaser,” and together, the “Forward Purchasers”) to that certain ATM Equity Offering Sales Agreement, dated March 1, 202

Kansas City Southern Common Stock ($.01 par value) ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 1st, 2009 • Kansas City Southern • Railroads, line-haul operating • New York
Contract
Atm Equity Offering Sales Agreement • June 23rd, 2011 • Retail Opportunity Investments Corp • Real estate investment trusts • New York
AMENDMENT NO. 1 TO ATM EQUITY OFFERING SALES AGREEMENT DATED JULY 5, 2016 among ACADIA REALTY TRUST, ACADIA REALTY LIMITED PARTNERSHIP and MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED BARCLAYS CAPITAL INC. Wells Fargo Securities, LLC GOLDMAN...
Atm Equity Offering Sales Agreement • May 5th, 2017 • Acadia Realty Trust • Real estate investment trusts • New York

AMENDMENT NO. 1, dated as of the 2nd day of May, 2017 (the “Amendment No. 1”), by and among Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), Acadia Realty Limited Partnership, a Delaware limited partnership (the “Partnership”), and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., Wells Fargo Securities, LLC, Goldman Sachs & Co. LLC, Citigroup Global Markets Inc. and Jefferies LLC, as sales agent and/or principal (together, the “Agents”), to that certain ATM Equity Offering Sales Agreement, dated July 5, 2016 (the “Agreement”).

Armada Hoffler Properties, Inc. Common Stock ($0.01 par value per share)
Atm Equity Offering Sales Agreement • February 28th, 2023 • Armada Hoffler Properties, Inc. • Real estate • New York

Reference is made to the ATM Equity Offering Sales Agreement, dated as of March 10, 2020 (the “Agreement”), by and among Armada Hoffler Properties, Inc., a Maryland corporation (the “Company”), and Armada Hoffler, L.P., a Virginia limited partnership (the “Operating Partnership”) and each of Jefferies LLC, Robert W. Baird & Co. Incorporated and Regions Securities LLC as sales agent, forward seller (in the case of Jefferies LLC) and/or principal, and (ii) Jefferies LLC in its capacity as Forward Purchaser (together with the Company and the Operating Partnership, the “Parties”) related to the issuance and sale of the Company’s common stock, par value $0.01 per share, and the Company’s 6.75% Series A Cumulative Redeemable Perpetual Preferred Stock, $0.01 par value per share, pursuant to the terms thereof. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement.

AMENDMENT NO. 1 TO ATM EQUITY OFFERING SALES AGREEMENT DATED MAY 31, 2019 among ACADIA REALTY TRUST, ACADIA REALTY LIMITED PARTNERSHIP and BofA Securities, Inc. Barclays Capital Inc. Citigroup Global Markets Inc. Goldman Sachs & Co. LLC Jefferies LLC...
Atm Equity Offering Sales Agreement • March 22nd, 2021 • Acadia Realty Trust • Real estate investment trusts • New York

AMENDMENT NO. 1, dated as of the 18th day of March, 2021 (the “Amendment No. 1”), by and among Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), Acadia Realty Limited Partnership, a Delaware limited partnership (the “Partnership”), BofA Securities, Inc., Barclays Capital Inc., Citigroup Global Markets Inc. (in its capacity as forward seller, acting as agent for Citibank, N.A.), Goldman Sachs & Co. LLC, Jefferies LLC, Truist Securities, Inc. (formerly known as SunTrust Robinson Humphrey, Inc.) and Wells Fargo Securities, LLC, each as sales agent, principal and/or forward seller (in such capacity, each an “Agent,” and together, the “Agents”) to that certain ATM Equity Offering Sales Agreement, dated May 31, 2019 (the “Agreement”).

ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • May 9th, 2023 • Janux Therapeutics, Inc. • Pharmaceutical preparations • New York

Janux Therapeutics, Inc., a Delaware corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time through BofA Securities, Inc., as sales agent and/or principal (the “Agent”), shares of the Company’s common stock, par value $0.001 per share (the “Common Shares”), having an aggregate offering price of up to $150,000,000, on the terms set forth in this agreement (this “Agreement”). Unless the context otherwise requires, all references to the Company include the Company and each of its subsidiaries (whether presently existing or hereinafter established). The Company agrees that whenever it determines to sell Shares (as defined below) directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a “Terms Agreement”), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3(b)(vii) hereof. References herein to “this Agreement” or to matters contained “her

ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • April 7th, 2017 • Colony Starwood Homes • Real estate investment trusts • New York

Colony Starwood Homes, a Maryland real estate investment trust (including its predecessor, as the context requires, the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) or Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, Deutsche Bank Securities Inc., Goldman, Sachs & Co., J.P. Morgan Securities LLC, Morgan Stanley & Co. LLC and Wells Fargo Securities, LLC, as sales agent and/or principal (each, an “Agent,” and collectively, the “Agents”), shares (the “Shares”) of the Company’s common shares of beneficial interest, $0.01 par value per share (the “Common Shares”), having an aggregate gross sales price not to exceed $300,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to an Agent as principal it will enter into a separate written

ATM EQUITY OFFERINGSM SALES AGREEMENT
Atm Equity Offering Sales Agreement • June 23rd, 2008 • Raser Technologies Inc • Motors & generators • New York

Raser Technologies, Inc., a Delaware corporation (the “Company”), confirms its agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, (the “Agent”), as follows: Section 1. Description of Securities. The Company proposes to issue and sell from time to time through the Agent, as sales agent, shares (the “Shares”) of the Company’s common stock, par value $.01 per share (the “Common Stock”), on the terms set forth in Section 3 of this ATM Equity OfferingSM Sales Agreement (this

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