Acadia Realty Trust Sample Contracts

Acadia Realty Trust – ACADIA REALTY TRUST REPORTS FOURTH QUARTER AND FULL YEAR 2018 OPERATING RESULTS (February 19th, 2019)

Acadia operates dual platforms, comprised of a high-quality core real estate portfolio (“Core Portfolio”), which owns and operates assets in the nation’s most dynamic urban and street-retail corridors, and a series of discretionary, institutional funds (“Funds”) that target opportunistic and value-add investments.

Acadia Realty Trust – ACADIA REALTY TRUST 2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT (October 29th, 2018)

2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT made as of the date set forth on Schedule A hereto between Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary Acadia Realty Limited Partnership, a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and the party listed on Schedule A (the “Grantee”).

Acadia Realty Trust – MATERIAL UNITED STATES FEDERAL INCOME TAX CONSIDERATIONS (August 28th, 2018)

The following discussion describes certain of the material U.S. federal income tax considerations relating to our taxation as a REIT under the Code, and the ownership and disposition of our common shares.

Acadia Realty Trust – Visit www.acadiarealty.com for additional investor and portfolio information (July 27th, 2018)
Acadia Realty Trust – Visit www.acadiarealty.com for additional investor and portfolio information (May 3rd, 2018)
Acadia Realty Trust – SECOND AMENDED AND RESTATED SEVERANCE AGREEMENT (February 27th, 2018)

THIS SECOND AMENDED AND RESTATED SEVERANCE AGREEMENT (the “Agreement”) is entered into as of ________, 2018, by and between _____________, an individual residing in the State of ________ (the “Senior Officer”) and Acadia Realty Trust, a Maryland real estate investment trust, and Acadia Realty Limited Partnership, a Delaware limited partnership, and ARLP GS LLC, a Delaware limited liability company, each with offices at 411 Theodore Fremd Avenue, Suite 400, Rye, New York 10580 (collectively, the “Company”).

Acadia Realty Trust – AMENDED AND RESTATED CREDIT AGREEMENT Dated as of February 20, 2018 among ACADIA REALTY LIMITED PARTNERSHIP, as the Borrower, and ACADIA REALTY TRUST and CERTAIN SUBSIDIARIES OF ACADIA REALTY LIMITED PARTNERSHIP FROM TIME TO TIME PARTY HERETO, as Guarantors BANK OF AMERICA, N.A., as Administrative Agent and Swing Line Lender PNC BANK, NATIONAL ASSOCIATION WELLS FARGO BANK, NATIONAL ASSOCIATION, and TD BANK, N.A. as Co-Documentation Agents and The Lenders and L/C Issuers Party Hereto MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as a Joint Lead Arranger and Sole Bookrunner and PNC CAPITAL (February 27th, 2018)

This AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of February 20, 2018, among ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (the “Borrower”), ACADIA REALTY TRUST, a Maryland real estate investment trust (the “REIT”) and certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), BANK OF AMERICA, N.A., PNC BANK, NATIONAL ASSOCIATION, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as L/C Issuers, and BANK OF AMERICA, N.A., as Administrative Agent and Swing Line Lender.

Acadia Realty Trust – ACADIA REALTY TRUST 2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT (February 27th, 2018)

2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT made as of the date set forth on Schedule A hereto between Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary Acadia Realty Limited Partnership, a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and the party listed on Schedule A (the “Grantee”).

Acadia Realty Trust – ACADIA REALTY TRUST 2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT (February 27th, 2018)

2018 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT made as of the date set forth on Schedule A hereto between Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary Acadia Realty Limited Partnership, a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and the party listed on Schedule A (the “Grantee”).

Acadia Realty Trust – ACADIA REALTY TRUST REPORTS FOURTH QUARTER AND FULL YEAR 2017 OPERATING RESULTS (February 22nd, 2018)

RYE, NY (February 21, 2018) - Acadia Realty Trust (NYSE:AKR) (“Acadia” or the “Company”) today reported operating results for the quarter and year ended December 31, 2017. All per share amounts are on a fully-diluted basis.

Acadia Realty Trust – Visit www.acadiarealty.com for additional investor and portfolio information (February 22nd, 2018)
Acadia Realty Trust – ACADIA REALTY TRUST REPORTS THIRD QUARTER 2017 OPERATING RESULTS (November 3rd, 2017)

RYE, NY (November 2, 2017) - Acadia Realty Trust (NYSE:AKR) (“Acadia” or the “Company”) today reported operating results for the quarter ended September 30, 2017. All per share amounts are on a fully-diluted basis.

Acadia Realty Trust – Visit www.acadiarealty.com for additional investor and portfolio information (November 3rd, 2017)
Acadia Realty Trust – ACADIA REALTY TRUST ARTICLES OF AMENDMENT SIXTH AMENDMENT TO DECLARATION OF TRUST Dated: July 24, 2017 (July 28th, 2017)

Acadia Realty Trust, a Maryland real estate investment trust (the “Trust”), hereby certifies to the State Department of Assessments and Taxation of Maryland that:

Acadia Realty Trust – Visit www.acadiarealty.com for additional investor and portfolio information (July 28th, 2017)
Acadia Realty Trust – 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 SACHS & CO. LLC Citigroup Global Markets Inc. Jefferies LLC Dated as of May 2, 2017 AMENDMENT NO. 1 TO ATM EQUITY OFFERING SALES AGREEMENT (May 5th, 2017)

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”).

Acadia Realty Trust – ACADIA REALTY TRUST REPORTS FIRST QUARTER 2017 OPERATING RESULTS (April 28th, 2017)

RYE, NY (April 24, 2017) - Acadia Realty Trust (NYSE:AKR) (“Acadia” or the “Company”) today reported operating results for the quarter ended March 31, 2017. All per share amounts, below, are on a fully-diluted basis.

Acadia Realty Trust – As Reported As Corrected Year ended December 31, 2016 Year ended December 31, 2016 Core Portfolio New and Renewal Leases Cash Basis Straight-Line Basis Cash Basis Straight-Line Basis Number of new and renewal leases executed 63 65 Gross leasable area 390,521 395,447 New base rent $ 23.17 $ 24.54 $ 26.69 $ 29.58 Previous base rent $ 21.36 $ 20.96 $ 23.73 $ 23.33 Percentage growth in base rent 8.5 % 17.1 % 12.5 % 26.8 % Average cost per square foot $11.46 $14.49 Weighted average lease term (years) 5.8 5.9 (March 29th, 2017)
Acadia Realty Trust – As Reported As Corrected Year ended 3 months ended Year ended 3 months ended December 31, 2016 September 30, 2016 December 31, 2016 September 30, 2016 GAAP Cash GAAP Cash GAAP Cash GAAP Cash Renewal leases Number of renewal leases executed 45 9 47 11 GLA 317,068 48,737 321,994 53,664 New base rent $ 21.47 $ 21.04 $ 26.75 $ 26.51 $ 27.71 $ 25.40 $ 63.69 $ 52.18 Expiring base rent $ 19.08 $ 19.46 $ 24.12 $ 24.30 $ 22.03 $ 22.40 $ 41.35 $ 41.51 Average cost per square foot $1.66 $0.03 $5.54 $23.46 Weighted Average Lease Term (years) 4.7 4.6 4.8 5.5 Percentage growth in base rent 12.5 % 8.1 % 10.9 (March 29th, 2017)
Acadia Realty Trust – ACADIA REALTY TRUST REPORTS THIRD QUARTER 2016 OPERATING RESULTS (October 28th, 2016)

RYE, NY (October 25, 2016) - Acadia Realty Trust (NYSE:AKR) (“Acadia” or the “Company”) today reported operating results for the quarter ended September 30, 2016. All per share amounts, below, are on a fully-diluted basis.

Acadia Realty Trust – [LETTERHEAD OF VENABLE LLP] August 12, 2016 (August 12th, 2016)

We have served as Maryland counsel to Acadia Realty Trust, a Maryland real estate investment trust (the “Trust”), in connection with certain matters of Maryland law relating to the sale and issuance of 4,830,000 common shares (the “Shares”) of beneficial interest, par value $.001 per share, of the Trust, covered by the above-referenced Registration Statement, and all amendments related thereto (the “Registration Statement”), filed by the Trust with the United States Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “1933 Act”).

Acadia Realty Trust – Underwriting Agreement (August 12th, 2016)
Acadia Realty Trust – ACADIA REALTY TRUST Common Shares of Beneficial Interest ($0.001 par value per share) ATM EQUITY OFFERING SALES AGREEMENT (July 6th, 2016)

Acadia Realty Trust, a Maryland real estate investment trust (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, Barclays Capital Inc., Wells Fargo Securities, LLC, Goldman, Sachs & Co., Citigroup Global Markets Inc. and Jefferies LLC, as sales agent and/or principal (each an “Agent,” and together the “Agents”), severally and not jointly, up to $250,000,000 of shares (the “Shares”) of the Company’s common shares of beneficial interest, par value $0.001 per share (the “Common Shares”), on the terms set forth in Section 2 of this ATM Equity Offering Sales Agreement (the “Agreement”). The Company agrees that whenever it determines to sell Shares directly to an 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.

Acadia Realty Trust – CREDIT AGREEMENT Dated as of June 27, 2016 among (July 1st, 2016)
Acadia Realty Trust – Underwriting Agreement (April 8th, 2016)
Acadia Realty Trust – [LETTERHEAD OF VENABLE LLP] April 8, 2016 (April 8th, 2016)

We have served as Maryland counsel to Acadia Realty Trust, a Maryland real estate investment trust (the “Trust”), in connection with certain matters of Maryland law relating to the sale and issuance of up to 4,140,000 common shares (the “Shares”) of beneficial interest, par value $.001 per share (“Common Shares”), of the Trust, including up to 540,000 Shares issuable to the Underwriters (as defined below) pursuant to an option to purchase additional Shares, covered by the above-referenced Registration Statement, and all amendments related thereto (the “Registration Statement”), filed by the Trust with the United States Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “1933 Act”). The Shares are to be issued to pursuant to (i) the Prospectus Supplement (as defined below), (ii) an Underwriting Agreement, dated April 4, 2016 (the “Underwriting Agreement”), by and among the Trust, Acadia Realty Limited Partnership, a Delaware limited p

Acadia Realty Trust – To: Acadia Realty Trust (“Party B”) (April 8th, 2016)

The purpose of this communication (this “Confirmation”) is to set forth the terms and conditions of the above-referenced transaction entered into on the Trade Date specified below (the “Transaction”) between Citibank, N.A. (“Party A”) and Acadia Realty Trust (“Party B”). This communication constitutes a “Confirmation” as referred to in the Agreement specified below. This Confirmation is a confirmation for purposes of Rule 10b-10 promulgated under the Securities Exchange Act of 1934, as amended (the “Exchange Act”).

Acadia Realty Trust – ACADIA REALTY TRUST 2014-15 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT (February 19th, 2016)

2014-15 LONG-TERM INCENTIVE PLAN AWARD AGREEMENT made as of the date set forth on Schedule A hereto between Acadia Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary Acadia Realty Limited Partnership, a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and the party listed on Schedule A (the “Grantee”).

Acadia Realty Trust – SECOND AMENDMENT TO CREDIT AGREEMENT (July 31st, 2015)

SECOND AMENDMENT, dated as of May 22, 2015 (this “Agreement”), to the AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”) dated as of November 25, 2013, among ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (the “Borrower”), ACADIA REALTY TRUST, a Maryland real estate investment trust (the “REIT”) and certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Credit Agreement (including, if applicable, the Credit Agreement as amended pursuant to Section 1 below).

Acadia Realty Trust – FIRST AMENDMENT TO CREDIT AGREEMENT (July 31st, 2015)

FIRST AMENDMENT, dated as of September 30, 2014 (this “Agreement”), to the AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”) dated as of November 25, 2013, among ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership (the “Borrower”), ACADIA REALTY TRUST, a Maryland real estate investment trust (the “REIT”) and certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer. Capitalized terms used herein and not otherwise defined shall have the meanings assigned to such terms in the Credit Agreement (including, if applicable, the Credit Agreement as amended pursuant to Section 1 below).

Acadia Realty Trust – FORM OF ASSIGNMENT AND ASSUMPTION OF CARRIED INTEREST (July 31st, 2015)

This Assignment and Assumption of Carried Interest (“Assignment”) is made as of the __ day of __, 20__ by and between ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership, having an office at 1311 Mamaroneck Avenue, Suite 260, White Plains, New York 10605 (“Assignor”) and ________, an individual residing in the State of New York (“Assignee”).

Acadia Realty Trust – FORM OF OMNIBUS AMENDMENT TO SERIES OF ASSIGNMENTS AND ASSUMPTIONS OF CARRIED INTEREST (July 31st, 2015)

This Omnibus Amendment to the Series of Assignments and Assumptions of Carried Interest (the “Amendment”) made as of the __ of ___, 20__ by and between ACADIA REALTY LIMITED PARTNERSHIP, a Delaware limited partnership, having an office at 1311 Mamaroneck Avenue, Suite 260, White Plains, New York 10605 (”Assignor”) and __________________ [insert Assignee name], an individual residing in the State of New York (“Assignee”).

Acadia Realty Trust – Income Statements - Pro-rata Consolidation 1 (in thousands) Three months ended March 31, 2015 Core Portfolio Funds Total CORE PORTFOLIO AND FUND INCOME PROPERTY REVENUES Minimum rents $ 25,262 $ 2,548 $ 27,810 Percentage rents 99 14 113 Expense reimbursements - CAM 2,853 380 3,233 Expense reimbursements - Taxes 3,981 537 4,518 Other property income 242 85 327 Total Property Revenues 32,437 3,564 36,001 PROPERTY EXPENSES Property operating - CAM 3,551 488 4,039 Other property operating (Non-CAM) 266 151 417 Real estate taxes 4,698 543 5,241 Total Property Expenses 8,515 1,182 9,697 NET OPERATIN (April 30th, 2015)

Acadia Realty Trust is a fully-integrated equity real estate investment trust, focused on the ownership, acquisition, redevelopment and management of high-quality retail properties located in key street and urban retail corridors as well as suburban locations within high-barrier-to-entry, densely-populated metropolitan areas. Acadia owns, or has an ownership interest in, these properties through its core portfolio and through a series of opportunistic/value-add investment funds. Additional information may be found on the Company’s website at www.acadiarealty.com.

Acadia Realty Trust – ACADIA REALTY TRUST REPORTS FOURTH QUARTER AND FULL YEAR 2014 OPERATING RESULTS (February 19th, 2015)

WHITE PLAINS, NY (February 17, 2015) - Acadia Realty Trust (NYSE: AKR) (“Acadia” or the “Company) today reported operating results for the quarter and year ended December 31, 2014. Acadia operates dual platforms, comprised of a high-quality core real estate portfolio (“Core Portfolio”), which owns and operates meaningful concentrations of assets in the nation’s most dynamic urban and street-retail corridors, and a series of discretionary institutional funds (“Funds”) that target opportunistic and value-add investments. All per share amounts, below, are on a fully diluted basis.

Acadia Realty Trust – [LETTERHEAD OF VENABLE LLP] December 17, 2014 (December 17th, 2014)

We have served as Maryland counsel to Acadia Realty Trust, a Maryland real estate investment trust (the “Trust”), in connection with certain matters of Maryland law relating to the sale and issuance of up to 3,910,000 common shares (the “Shares”) of beneficial interest, par value $.001 per share, of the Trust, covered by the above-referenced Registration Statement, and all amendments related thereto (the “Registration Statement”), filed by the Trust with the United States Securities and Exchange Commission (the “Commission”) under the Securities Act of 1933, as amended (the “1933 Act”).