Equity Sales Agreement Sample Contracts
0.001 par value per share) EQUITY SALES AGREEMENTEquity Sales Agreement • July 26th, 2023 • Armour Residential REIT, Inc. • Real estate investment trusts • New York
Standard Contracts
POTBELLY CORPORATION Common Stock (par value $0.01 per share) Equity Sales AgreementEquity Sales Agreement • November 4th, 2021 • Potbelly Corp • Retail-eating places • New York
Potbelly Corporation, a Delaware corporation (the “Company”), confirms its agreement (this “Agreement”) with William Blair & Company, L.L.C. (the “Agent”) as follows:
ContractEquity Sales Agreement • March 1st, 2017 • W. P. Carey Inc. • Real estate investment trusts • New York
The Company has prepared and filed with the Securities and Exchange Commission (the “Commission”) an “automatic shelf registration statement”, as defined under Rule 405 (“Rule 405”) under the Securities Act of 1933, as amended (the “1933 Act”), on Form S-3 (File No. 333-214510), covering the public offering and sale of certain securities of the Company, including the Shares, under the 1933 Act and the rules and regulations promulgated thereunder (the “1933 Act Regulations”), which automatic shelf registration statement became effective under Rule 462(e) of the 1933 Act Regulations (“Rule 462(e)”). The “Registration Statement”, as of any time, means such registration statement as amended by any post-effective amendments thereto at such time, including the exhibits and any schedules thereto at such time, the documents incorporated or deemed to be incorporated by reference therein at such time pursuant to Item 12 of Form S-3 under the 1933 Act and the documents otherwise deemed to be a pa
ContractEquity Sales Agreement • August 12th, 2019 • W. P. Carey Inc. • Real estate investment trusts • New York
defined below) are offered or sold through any Agent acting as forward seller for the applicable Forward Purchaser, then such Agent, as forward seller, shall be acting as sales agent for such Forward Purchaser with respect to the offering and sale of such Shares and not as sales agent for the Company, and, except in cases where this Agreement expressly refers to an Agent acting as sales agent for the Company or unless otherwise expressly stated or the context otherwise requires, references in this Agreement to any Agent acting as sales agent shall also be deemed to apply to such Agent when acting as forward seller, except that BTIG, LLC, Capital One Securities, Inc., Fifth Third Securities, Inc., Regions Securities LLC and Stifel, Nicolaus & Company, Incorporated are not acting as forward sellers. Only an Agent that is, or is affiliated with, a Forward Purchaser may act as forward seller for such Forward Purchaser.
AMENDMENT NO. 2 TO EQUITY SALES AGREEMENTEquity Sales Agreement • June 21st, 2024 • Armour Residential REIT, Inc. • Real estate investment trusts
AMENDMENT NO. 1 TO EQUITY SALES AGREEMENTEquity Sales Agreement • October 25th, 2023 • Armour Residential REIT, Inc. • Real estate investment trusts
AMENDMENT NO. 4 TO EQUITY SALES AGREEMENTEquity Sales Agreement • September 20th, 2024 • Armour Residential REIT, Inc. • Real estate investment trusts
AMENDMENT NO. 1 TO EQUITY SALES AGREEMENTEquity Sales Agreement • April 6th, 2020 • Armour Residential REIT, Inc. • Real estate investment trusts • New York
EQUITY SALES AGREEMENTEquity Sales Agreement • September 15th, 2023 • Kimco Realty OP, LLC • Real estate investment trusts • New York
Each of Kimco Realty Corporation, a Maryland corporation (the “Company”), and Kimco Realty OP, LLC, a Delaware limited liability company (“Kimco OP”), confirms its agreement with each of (i) Bank of America, N.A., Barclays Bank PLC, Bank of Montreal, BNP Paribas, The Bank of New York Mellon, Citibank N.A., Deutsche Bank AG, London Branch, Jefferies LLC, JPMorgan Chase Bank, National Association, Mizuho Markets Americas LLC, Morgan Stanley & Co. LLC, Nomura Global Financial Products, Inc., Regions Securities LLC, Royal Bank of Canada, The Bank of Nova Scotia, The Toronto-Dominion Bank, Truist Bank, UBS AG London Branch and Wells Fargo Bank, National Association (as forward purchasers, the “Forward Purchasers”) and (ii) BofA Securities, Inc., Barclays Capital Inc., BMO Capital Markets Corp., BNP Paribas Securities Corp., BNY Mellon Capital Markets, LLC, BTIG, LLC, Citigroup Global Markets Inc., Deutsche Bank Securities Inc., Jefferies LLC, J.P. Morgan Securities LLC, Mizuho Securities US
AMENDMENT NO. 1 TO EQUITY SALES AGREEMENTEquity Sales Agreement • February 22nd, 2021 • Lexington Realty Trust • Real estate investment trusts
This Amendment No. 1 (this “Amendment”) to the Equity Sales Agreement, dated as of November 27, 2019 (the “Sales Agreement”), by and among Lexington Realty Trust, a Maryland real estate investment trust (the “Company”), Jefferies LLC, KeyBanc Capital Markets Inc., Regions Securities LLC, BofA Securities, Inc., Mizuho Securities USA LLC, and Evercore Group L.L.C., each as sales agent, principal and/or forward seller (in such capacity, each a “Selling Agent,” and together, the “Selling Agents”), and Bank of America, N.A., Jefferies LLC, and KeyBanc Capital Markets Inc. or an affiliate thereof, each as forward purchaser, and Mizuho Markets Americas LLC, as an additional forward purchaser (in such capacity, each a “Forward Purchaser,” and together, the “Forward Purchasers”), is dated as of February 19, 2021 (the “Effective Date”).
AMENDMENT NO. 3 TO EQUITY SALES AGREEMENTEquity Sales Agreement • August 23rd, 2024 • Armour Residential REIT, Inc. • Real estate investment trusts
AMENDMENT NO. 5 TO EQUITY SALES AGREEMENTEquity Sales Agreement • February 13th, 2025 • Armour Residential REIT, Inc. • Real estate investment trusts
AMENDMENT NO. 2 TO EQUITY SALES AGREEMENTEquity Sales Agreement • May 6th, 2020 • Armour Residential REIT, Inc. • Real estate investment trusts • New York
LEXINGTON REALTY TRUST Up to $300,000,000 of Shares of Beneficial Interest Classified as Common Stock EQUITY SALES AGREEMENT Dated: November 27, 2019Equity Sales Agreement • November 29th, 2019 • Lexington Realty Trust • Real estate investment trusts • New York
Regions Securities LLC 6805 Morrison Boulevard, Suite 100 Charlotte, North Carolina 28211 Evercore Group L.L.C. 55 East 52nd Street, 36th Floor New York, New York 10055
Kimco Realty Corporation (a Maryland corporation) Common Stock ($.01 par value) EQUITY SALES AGREEMENTEquity Sales Agreement • March 2nd, 2015 • Kimco Realty Corp • Real estate investment trusts • New York
AMENDMENT NO. 2 TO EQUITY SALES AGREEMENTEquity Sales Agreement • February 20th, 2024 • LXP Industrial Trust • Real estate investment trusts
This Amendment No. 2 (this “Amendment”) to the Sales Agreement (as defined below) is entered into as of February 16, 2024 (the “Effective Date”) by LXP Industrial Trust, a Maryland real estate investment trust (formerly known as Lexington Realty Trust) (the “Company”), and Jefferies LLC, KeyBanc Capital Markets Inc., Regions Securities LLC, BofA Securities, Inc., Mizuho Securities USA LLC, and Evercore Group L.L.C., each as sales agent, principal and/or forward seller (in such capacity, each a “Selling Agent,” and together, the “Selling Agents”), and Bank of America, N.A., Jefferies LLC, KeyBanc Capital Markets Inc., Mizuho Markets Americas LLC and Regions Securities LLC, each as forward purchaser (in such capacity, each a “Forward Purchaser,” and together, the “Forward Purchasers”), in order to amend that certain Equity Sales Agreement, dated as of November 27, 2019, as amended on February 19, 2021 (the “Sales Agreement”).
AMENDMENT NO. 1 TO EQUITY SALES AGREEMENTEquity Sales Agreement • June 21st, 2024 • Armour Residential REIT, Inc. • Real estate investment trusts
Up to $350,000,000Equity Sales Agreement • January 24th, 2025 • New York
We have entered into an amendment (the “Amendment”) to the equity sales agreement, dated as of November 27, 2019, as amended on February 19, 2021 (the “Sales Agreement”), relating to our shares of beneficial interest classified as common stock, par value $0.0001 per share, which we refer to as common shares, that may be offered in accordance with this prospectus supplement and the accompanying prospectus, with Jefferies LLC (“Jefferies”), KeyBanc Capital Markets Inc. (“KeyBanc”), Regions Securities LLC (“Regions”), BofA Securities, Inc. (“BofA”), Mizuho Securities USA LLC (“Mizuho”) and Evercore Group L.L.C. (“Evercore”). We refer to Jefferies, KeyBanc, Regions, BofA, Mizuho and Evercore collectively as the “Sales Agents,” and individually as a “Sales Agent.” The Amendment increased the aggregate offering price of common shares we may offer and sell from time to time under the Sales Agreement to up to an aggregate of $350,000,000.
