EXHIBIT 4.1 JUNIOR SUBORDINATED INDENTURECapital Lease Funding Inc • December 19th, 2005 • Real estate investment trusts • New York
CHALLENGER SOUTH MONACO, L.L.C., a Delaware limited liability company, as Seller andPurchase and Sale Agreement • May 10th, 2006 • Capital Lease Funding Inc • Real estate investment trusts • Colorado
LEASECapital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts • Kansas
CONTRIBUTION AGREEMENTContribution Agreement • March 27th, 1998 • Capital Lease Funding Inc • New York
PROMISSORY NOTE (NOTE B)Capital Lease Funding Inc • November 3rd, 2004 • Real estate investment trusts
PURCHASE AND SALE AGREEMENT DATED: September 23, 2005 ("EFFECTIVE DATE") BETWEEN: SELLER Tiffany and Company, a New York corporation 600 Madison Avenue New York, NY 10022 Attention: Patrick B. Dorsey, Legal Department AND: PURCHASER Caplease, LP, a...Purchase and Sale Agreement • November 14th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New Jersey
EXHIBIT 4.2 AMENDED AND RESTATED TRUST AGREEMENTTrust Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • Delaware
BETWEENCapital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts • Missouri
EXHIBIT 10.2 PURCHASE AGREEMENTPurchase Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York
EMPLOYMENT AGREEMENTEmployment Agreement • June 29th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • New York
RECITALSAgreement of Purchase and Sale • January 11th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New Jersey
BETWEENCapital Lease Funding Inc • November 14th, 2005 • Real estate investment trusts
AGREEMENT OF SALE AND PURCHASE OF PARTNERSHIP INTERESTSAgreement of Sale and Purchase • May 10th, 2006 • Capital Lease Funding Inc • Real estate investment trusts • Pennsylvania
RECITALSRepurchase Agreement • May 26th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • New York
REAL ESTATE PURCHASE AND SALE AGREEMENT BY AND BETWEEN AUSTIN SSA, LLC, AS SELLERReal Estate Purchase and Sale Agreement • November 14th, 2005 • Capital Lease Funding Inc • Real estate investment trusts
CAPLEASE, INC. Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • April 9th, 2013 • CapLease, Inc. • Real estate investment trusts • New York
CapLease, Inc., a Maryland corporation (the “Company”), confirms its agreement with each of the Underwriters listed on Schedule I hereto (collectively, the “Underwriters”), for whom Wells Fargo Securities, LLC is acting as Representative (in such capacity, the “Representative”), with respect to (a) the sale by the Company of 7,500,000 shares (the “Initial Shares”) of Common Stock, par value $0.01 per share, of the Company (the “Common Stock”), and the purchase by the Underwriters, acting severally and not jointly, of the respective number of shares of Common Stock set forth opposite the names of the Underwriters in Schedule I hereto, and (b) the grant of the option described in Section 1(b) hereof to purchase all or any part of 1,125,000 additional shares of Common Stock to cover over-allotments (the “Option Shares”), if any, from the Company to the Underwriters, acting severally and not jointly. The 7,500,000 Initial Shares and all or any part of the 1,125,000 Option Shares are herein
CAPLEASE, INC. 19,000,000 SHARES OF COMMON STOCK AND 1,000,000 SHARES OF SERIES A PREFERRED STOCK AND 1,000,000 SHARES OF SERIES B PREFERRED STOCK AMENDED AND RESTATED CONTROLLED EQUITY OFFERINGSM SALES AGREEMENTSales Agreement • December 31st, 2012 • CapLease, Inc. • Real estate investment trusts • New York
Reference is made to that certain Controlled Equity Offering Sales Agreement dated May 25, 2012 (as amended, the “Original Agreement”) between Cantor Fitzgerald & Co. (“CF&Co”), CapLease, Inc., a Maryland corporation (the “Company”), and Caplease, LP, a Delaware limited partnership (the “Operating Partnership”). The parties desire to amend and restate the Original Agreement on the terms and subject to the conditions set forth herein, to increase the maximum number of shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”) it may issue and sell through CF&Co, acting as agent and/or principal, from 9,000,000 shares of Common Stock authorized in the Original Agreement to 19,000,000 shares of Common Stock (the “Common Shares”).
CAPLEASE, INC. DOCS® Financing Facility Shares of Common Stock, $0.01 par value SALES AGREEMENT October 9, 2009Sales Agreement • October 9th, 2009 • CapLease, Inc. • Real estate investment trusts • New York
THIS SALES AGREEMENT (the “Agreement”) dated as of October 9, 2009 between Brinson Patrick Securities Corporation, having its principal office at 1515 Broadway, 11th Floor, New York, New York 10036 (the “Sales Manager”) and CapLease, Inc., a corporation organized and existing under the laws of the State of Maryland (the ”Company”).
EXHIBIT 10.1 PARENT GUARANTEE AGREEMENTParent Guarantee Agreement • December 19th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York
BACKGROUNDPurchase and Sale Agreement • November 5th, 2004 • Capital Lease Funding Inc • Real estate investment trusts • New York
CAPITAL LEASE FUNDING, INC. Shares of Common Stock UNDERWRITING AGREEMENTUnderwriting Agreement • March 8th, 2004 • Capital Lease Funding Inc • Real estate investment trusts • New York
CREDIT AGREEMENT among CAPLEASE, LP as Borrower, CAPITAL LEASE FUNDING, INC. AND CERTAIN DOMESTIC SUBSIDIARIES OF CAPITAL LEASE FUNDING, INC. FROM TIME TO TIME PARTY HERETO, as Guarantors, THE LENDERS PARTY HERETO, and WACHOVIA BANK, NATIONAL...Credit Agreement • April 19th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York
THIS CREDIT AGREEMENT, dated as of April 17, 2007 among CAPLEASE, LP a Delaware limited partnership (the “Borrower”), CAPITAL LEASE FUNDING, INC., a Maryland corporation (the “Parent”) and each of those Material Domestic Subsidiaries of the Borrower identified as a “Guarantor” on the signature pages hereto and such other Material Domestic Subsidiaries of the Borrower as may from time to time become a party hereto (the Parent and such Subsidiaries, each a “Guarantor” and collectively, the “Guarantors”), the several banks and other financial institutions as are, or may from time to time become parties to this Agreement (each a “Lender” and, collectively, the “Lenders”), and WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • November 21st, 2003 • Capital Lease Funding Inc • Real estate investment trusts • New York
THIS REGISTRATION RIGHTS AGREEMENT, dated as of November 20, 2003, is entered into by and between Capital Lease Funding, Inc., a Maryland corporation (the “Company”), and the holders of restricted shares of the Company’s common stock whose names are set forth on the signature pages hereto (each a “Restricted Stock Holder” and collectively, the “Restricted Stock Holders”).
FIRST AMENDED AND RESTATED CREDIT AGREEMENT among CAPLEASE DEBT FUNDING, LP, as Borrower, PREFCO II LIMITED PARTNERSHIP, CAPLEASE, INC., CAPLEASE, LP, and CAPLEASE SERVICES CORP., as Guarantors, THE LENDERS PARTY HERETO, and WELLS FARGO BANK, NATIONAL...Credit Agreement • July 19th, 2010 • CapLease, Inc. • Real estate investment trusts • New York
CAPITAL LEASE FUNDING, INC. Shares of 8.125% Series A Cumulative Redeemable Preferred Stock UNDERWRITING AGREEMENTCapital Lease Funding Inc • October 19th, 2005 • Real estate investment trusts • New York
ARTICLE II AGREEMENT TO VOTE SHARESManagement Shareholders' Agreement • June 29th, 1998 • Capital Lease Funding Inc • Real estate investment trusts • Maryland
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • September 26th, 2013 • CapLease, Inc. • Real estate investment trusts
This Amendment No. 1 (this “Agreement”) to the Employment Agreement dated as of February 13, 2007 (the “Employment Agreement”), between CapLease, Inc., a Maryland corporation (the “Company”) and Paul C. Hughes (the “Executive”), is made and entered into this 24 day of September, 2013 (the “Effective Date”).
PURCHASE AND SALE AGREEMENT DATED: July 14, 2004 (the "EFFECTIVE DATE") BETWEEN: SELLER ------ NEDA of Puerto Rico, Inc., a Puerto Rico corporation 39 Salisbury Street Worcester, MA 01609 Attention: Charles A. Snell AND: PURCHASER CAPLEASE, LP a...Purchase and Sale Agreement • November 5th, 2004 • Capital Lease Funding Inc • Real estate investment trusts • New York
DEUTSCHE BANK SECURITIES INC. $75,000,000 AGGREGATE PRINCIPAL AMOUNT CAPLEASE, INC. DUE 2027 Resale Registration Rights Agreement Dated October 9, 2007Registration Rights Agreement • October 9th, 2007 • CapLease, Inc. • Real estate investment trusts • New York
RESALE REGISTRATION RIGHTS AGREEMENT, dated as of October 9, 2007, between CapLease, Inc., a Maryland corporation (together with any successor entity, herein referred to as the “Company”), and Deutsche Bank Securities Inc., as the representative (the “Representative”) of the initial purchasers (the “Initial Purchasers”) named in the Purchase Agreement (as defined below).
EMPLOYMENT AGREEMENTEmployment Agreement • February 20th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York
This EMPLOYMENT AGREEMENT is made and entered into this 13th day of February, 2007, between Capital Lease Funding, Inc., a Maryland corporation (the “Company”), and Paul C. Hughes (the “Executive”).
VOTING AGREEMENTVoting Agreement • May 28th, 2013 • CapLease, Inc. • Real estate investment trusts • Maryland
This VOTING AGREEMENT, dated as of May 28, 2013 (this “Agreement”), is made and entered into by and among American Realty Capital Properties, Inc., a Maryland corporation (“Parent”), Paul H. McDowell, William R. Pollert, Shawn P. Seale, Robert C. Blanz and Paul C. Hughes (each a “Stockholder” and, collectively, the “Stockholders”).
CapLease, Inc. [Designation of Senior Security]CapLease, Inc. • December 23rd, 2010 • Real estate investment trusts
This Senior Security is one of a duly authorized issue of securities of the Corporation (herein called the “Senior Securities”), issued and to be issued in one or more series under an Indenture, dated as of ____________, 20__ (herein called the “Indenture”), between the Corporation and ____________ (herein called the “Trustee,” which term includes any successor trustee under the Indenture with respect to the Senior Securities), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Corporation, the Trustee and the Holders of the Senior Securities and of the terms upon which the Senior Securities are, and are to be, authenticated and delivered. This Senior Security is one of the series designated as the “[designation of Senior Securities],” limited in aggregate principal amount to $____________.
CapLease, Inc. [Designation of Subordinated Security]CapLease, Inc. • December 23rd, 2010 • Real estate investment trusts
This Subordinated Security is one of a duly authorized issue of securities of the Corporation (herein called the “Subordinated Securities”), issued and to be issued in one or more series under an Indenture, dated as of ____________, 20__ (herein called the “Indenture”), between the Corporation and ____________ (herein called the “Trustee,” which term includes any successor trustee under the Indenture with respect to the Subordinated Securities), to which Indenture and all indentures supplemental thereto reference is hereby made for a statement of the respective rights, limitations of rights, duties and immunities thereunder of the Corporation, the Trustee and the Holders of the Subordinated Securities and of the terms upon which the Subordinated Securities are, and are to be, authenticated and delivered. This Subordinated Security is one of the series designated as the “[designation of Subordinated Securities],” limited in aggregate principal amount to $____________.
CONTRACT OF SALE between HYPERION PARTNERS II L.P., as Seller, and CAPLEASE, LP as Purchaser.Contract of Sale • March 30th, 2005 • Capital Lease Funding Inc • Real estate investment trusts • New York
AGREEMENT made as of the 1st day of November, 2004, between HYPERION PARTNERS II L.P., having an office at 50 Charles Lindbergh Boulevard, Suite 500, Uniondale, NY 11553 (“Seller”), and CAPLEASE, LP, a Delaware limited partnership, having an office at 110 Maiden Lane, New York, New York 10005 (“Purchaser”).
CAPITAL LEASE FUNDING, INC. Stock Award AgreementStock Award Agreement • February 20th, 2007 • Capital Lease Funding Inc • Real estate investment trusts • New York
THIS AGREEMENT dated the ____ day of _______ 20__, between CAPITAL LEASE FUNDING, INC., a Maryland corporation (the “Company”), and _________ (the “Participant”), is made pursuant and subject to the provisions of the Company’s 2004 Stock Incentive Plan (the “Plan”), a copy of which has been made available to the Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.
