AGREEMENT AND PLAN OF MERGER by and among ABACUS PARENT LLC, ABACUS MERGER SUB I LLC, ABACUS MERGER SUB II LLC, AMERICAN CAMPUS COMMUNITIES, INC., and AMERICAN CAMPUS COMMUNITIES OPERATING PARTNERSHIP LP Dated as of April 18, 2022Agreement and Plan of Merger • April 19th, 2022 • American Campus Communities Inc • Real estate investment trusts • Maryland
THIS AGREEMENT AND PLAN OF MERGER, dated as of April 18, 2022 (this “Agreement”), is made and entered into by and among Abacus Parent LLC, a Delaware limited liability company (“Parent”), Abacus Merger Sub I LLC, a Delaware limited liability company and a wholly owned subsidiary of Parent (“Merger Sub I”), Abacus Merger Sub II LLC, a Maryland limited liability company and a wholly owned subsidiary of Merger Sub I (“Merger Sub II” and, together with Parent and Merger Sub I, the “Parent Parties”), American Campus Communities, Inc., a Maryland corporation (the “Company”), and American Campus Communities Operating Partnership LP, a Maryland limited partnership (the “Partnership” and, together with the Company, the “Company Parties”). Each of Parent, Merger Sub I, Merger Sub II, the Company and the Partnership is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article I
