Avalonbay Communities Inc Sample Contracts

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES SECOND QUARTER 2019 OPERATING RESULTS AND UPDATES FULL YEAR 2019 FINANCIAL OUTLOOK (August 1st, 2019)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended June 30, 2019 was $168,281,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) for the three months ended June 30, 2019 of 34.2% to $1.21 from $1.84 for the prior year period.

Avalonbay Communities Inc – AvalonBay Communities, Inc. (July 1st, 2019)

Congratulations on your upcoming retirement from AvalonBay.  This letter agreement (this “Agreement”) between Stephen W. Wilson, his heirs, executors, administrators, successors, and assigns (collectively referred to throughout this Agreement as “you” or “Employee”) and AvalonBay Communities, Inc. (the “Company” or “Employer,” which, for purposes of this Agreement, includes its related or affiliated entities) sets forth the terms of your retirement from the Company.  This Agreement shall not become effective or enforceable (i) until the expiration of the revocation period described in Section 16, (ii) unless you sign and return this agreement no later than the 22nd day after the date hereof (after such date, the offer of this Agreement will expire), and (iii) unless the revocation period described in Section 16 expires no later than the 30th day after the Retirement Date referred to herein.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Medium-Term Notes Due Nine Months or More From Date of Issue TERMS AGREEMENT (May 15th, 2019)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Secretary’s Certificate Amendment to Bylaws (May 7th, 2019)

On May 6, 2019, pursuant to a unanimous written consent of the Board of Directors of AvalonBay Communities, Inc. (the “Company”), the Board adopted the following amendment to the Company’s Bylaws:

Avalonbay Communities Inc – To: AvalonBay Communities, Inc. (May 6th, 2019)
Avalonbay Communities Inc – SALES AGENCY FINANCING AGREEMENT (May 6th, 2019)

This Sales Agency Financing Agreement (this “Agreement”), is dated as of [         ] [·], 2019, by and between AVALONBAY COMMUNITIES, INC., a Maryland corporation (the “Company”), and [         ], a registered broker-dealer organized under the laws of [         ] (in its capacity as agent for the Company in connection with the offering and sale of any Issuance Shares hereunder, “Sales Agent,” and, to the extent applicable, in its capacity as agent for any Forward Purchaser in connection with the offering and sale of any Forward Hedge Shares hereunder, “Forward Seller,” and, to the extent applicable, in its capacity as purchaser under any Forward Contract, “Forward Purchaser”).

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES FIRST QUARTER 2019 OPERATING RESULTS (April 25th, 2019)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended March 31, 2019 was $170,366,000. This resulted in an increase in Earnings per Share – diluted (“EPS”) for the three months ended March 31, 2019 of 19.4% to $1.23 from $1.03 for the prior year period.

Avalonbay Communities Inc – FIFTH AMENDED AND RESTATED REVOLVING LOAN AGREEMENT dated as of February 28, 2019 among AVALONBAY COMMUNITIES, INC., as Borrower, BANK OF AMERICA, N.A., as Administrative Agent, an Issuing Bank and a Bank JPMORGAN CHASE BANK, N.A. and WELLS FARGO BANK, N.A. as Issuing Banks, Banks and Syndication Agents, BARCLAYS BANK PLC, DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS BANK USA, MORGAN STANLEY SENIOR FUNDING, INC. and CITIBANK, N.A. as Documentation Agents, PNC BANK, NATIONAL ASSOCIATION and SUNTRUST BANK as Senior Managing Agents, TD BANK, N.A., ROYAL BANK OF CANADA and U.S. BANK NATIONAL ASSOC (February 28th, 2019)

FIFTH AMENDED AND RESTATED REVOLVING LOAN AGREEMENT dated as of February 28, 2019 (this “Agreement”) among AVALONBAY COMMUNITIES, INC., a corporation organized and existing under the laws of the State of Maryland (“Borrower”); JPMORGAN CHASE BANK, N.A. (“JPMC”), BANK OF AMERICA, N.A. or any successor thereto (in its individual capacity and not as Administrative Agent, “Bank of America”), WELLS FARGO BANK, N.A. (“WFB”), and the other lenders signatory hereto, as Banks; and BANK OF AMERICA, N.A., as administrative agent for the Banks (in such capacity, together with its successors in such capacity, “Administrative Agent”; JPMC, Bank of America, WFB, the other lenders signatory hereto, such other lenders who from time to time become Banks pursuant to Section 2.19, 3.07 or 12.05 and, if applicable, any of the foregoing lenders’ Designated Lender, each a “Bank” and collectively, the “Banks”).

Avalonbay Communities Inc – AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of February 28, 2019 among AVALONBAY COMMUNITIES, INC., as Borrower, PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent and a Bank THE BANK OF NEW YORK MELLON and SUNTRUST BANK each as a Bank and a Syndication Agent, THE OTHER BANKS SIGNATORY HERETO, each as a Bank, and PNC CAPITAL MARKETS LLC, THE BANK OF NEW YORK MELLON, and SUNTRUST ROBINSON HUMPHREY, INC., as Joint Bookrunners and Joint Lead Arrangers (February 28th, 2019)

AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of February 28, 2019 (this “Agreement”) among AVALONBAY COMMUNITIES, INC., a corporation organized and existing under the laws of the State of Maryland (“Borrower”); PNC BANK, NATIONAL ASSOCIATION (“PNC”), THE BANK OF NEW YORK MELLON (“BNYM”) and SUNTRUST BANK (“SunTrust”), and the other lenders signatory hereto, as Banks; and PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Banks (in such capacity, together with its successors in such capacity, “Administrative Agent”; PNC, BNYM, SunTrust, the other lenders signatory hereto, and such other lenders who from time to time become Banks pursuant to Section 2.15, 3.07 or 12.05, each a “Bank” and collectively, the “Banks”).

Avalonbay Communities Inc – Personal Performance Award Agreement Exhibit for the Three Year Performance Period Ending December 31, 2021 (February 22nd, 2019)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES 2018 OPERATING RESULTS, 3.4% DIVIDEND INCREASE AND INITIAL 2019 FINANCIAL OUTLOOK (February 5th, 2019)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended December 31, 2018 was $385,734,000. This resulted in an increase in Earnings per Share – diluted (“EPS”) of 62.2% to $2.79 for the three months ended December 31, 2018, from $1.72 for the prior year period.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES THIRD QUARTER 2018 OPERATING RESULTS (October 30th, 2018)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended September 30, 2018 was $192,486,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 19.2% to $1.39 for the three months ended September 30, 2018, from $1.72 for the prior year period.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES SECOND QUARTER 2018 OPERATING RESULTS AND UPDATES FULL YEAR 2018 FINANCIAL OUTLOOK (July 31st, 2018)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended June 30, 2018 was $254,662,000. This resulted in an increase in Earnings per Share – diluted (“EPS”) of 53.3% to $1.84 for the three months ended June 30, 2018, from $1.20 for the prior year period.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Issuer to THE BANK OF NEW YORK MELLON Trustee (May 29th, 2018)

SECOND SUPPLEMENTAL INDENTURE, dated as of May 29, 2018 (the “Second Supplemental Indenture”), between AVALONBAY COMMUNITIES, INC., a corporation organized under the laws of the State of Maryland (herein called the “Company”), and The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, as Trustee (herein called the “Trustee”).

Avalonbay Communities Inc – Trustee First Supplemental Indenture Dated as of March 26, 2018 (May 4th, 2018)

FIRST SUPPLEMENTAL INDENTURE, dated as of March 26, 2018 (the “First Supplemental Indenture”), between AVALONBAY COMMUNITIES, INC., a corporation organized under the laws of the State of Maryland (herein called the “Company”), and The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, as Trustee (herein called the “Trustee”).

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES FIRST QUARTER 2018 OPERATING RESULTS (April 26th, 2018)

(Arlington, VA) AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended March 31, 2018 was $141,643,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 40.1% to $1.03 for the three months ended March 31, 2018, from $1.72 for the prior year period, due primarily to decreased disposition gains and increased depreciation expense, as presented in the table below.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Issuer to THE BANK OF NEW YORK MELLON Trustee (March 26th, 2018)

FIRST SUPPLEMENTAL INDENTURE, dated as of March 26, 2018 (the “First Supplemental Indenture”), between AVALONBAY COMMUNITIES, INC., a corporation organized under the laws of the State of Maryland (herein called the “Company”), and The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, as Trustee (herein called the “Trustee”).

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Medium-Term Notes Due Nine Months or More From Date of Issue TERMS AGREEMENT (March 26th, 2018)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC., as Issuer — and — (February 23rd, 2018)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. STOCK GRANT AND RESTRICTED STOCK AGREEMENT (February 22nd, 2018)

Pursuant to the terms of the AvalonBay Communities, Inc. Second Amended and Restated Equity Incentive Plan, as the same may hereafter be amended (the “Plan”), in consideration for services rendered and to be rendered to AvalonBay Communities, Inc. (the “Company”) and for other good and valuable consideration, the Company is issuing to the Director named below contemporaneously herewith the Shares, upon the terms and conditions set forth herein and in the Restricted Stock Agreement Terms (the “Terms”) which are attached hereto and incorporated herein in their entirety.  Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Plan or in the Terms, as applicable.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. RESTRICTED UNIT AGREEMENT (February 22nd, 2018)

Pursuant to the terms of the AvalonBay Communities, Inc. 2009 Second Amended and Restated Equity Incentive Plan, as the same may hereafter be further amended (the “Plan”), in consideration for services rendered and to be rendered to AvalonBay Communities, Inc. (the “Company”), in order to advance the interests of the Company and its stockholders and effect the intended purposes of the Plan, and for other good and valuable consideration, which the Company has determined to be equal to the fair market value of the Units, as defined below, the Company is awarding to the Director herewith the Units, upon the terms and conditions set forth herein and in the Restricted Unit Agreement Terms (the “Terms”) which are provided herewith and incorporated herein in their entirety.  Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Terms or in the Plan.

Avalonbay Communities Inc – Personal Performance Award Agreement Exhibit for the Three Year Performance Period Ending December 31, 2020 (February 22nd, 2018)

As an officer of Avalonbay Communities, Inc., you have been awarded two performance awards with an aggregate total target dollar value as listed above:

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. [INCENTIVE][NON-QUALIFIED] STOCK OPTION AGREEMENT (2009 EQUITY INCENTIVE PLAN) (February 22nd, 2018)

This option is subject to all of the terms and conditions as set forth herein, in the [Incentive][Non-Qualified] Stock Option Agreement Terms (the “Terms”) which are attached hereto and incorporated herein in their entirety, and in the Plan.  Capitalized terms used but not defined herein or in the Terms shall have the respective meanings ascribed thereto in the Plan.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. RESTRICTED STOCK GRANT AND AWARD AGREEMENT (February 22nd, 2018)

Pursuant to the terms of the AvalonBay Communities, Inc. Second Amended and Restated 2009 Equity Incentive Plan ) (as the same may be amended hereafter from time to time, the “Plan”), in consideration for services rendered and to be rendered to AvalonBay Communities, Inc. (the “Company”) and for other good and valuable consideration, which the Company has determined to be equal to the fair market value of the Shares, as defined below, the Company is issuing to the Employee named below contemporaneously herewith the Shares, upon the terms and conditions set forth herein and in the Restricted Stock Agreement Terms (the “Terms”) which are attached hereto and incorporated herein in their entirety.  Capitalized terms used but not defined herein shall have the respective meanings ascribed thereto in the Terms.

Avalonbay Communities Inc – AMENDED AND RESTATED RULES AND PROCEDURES FOR DIRECTORS’ DEFERRED COMPENSATION PROGRAM (February 22nd, 2018)

These amended and restated rules and procedures have been adopted on January 31, 2018 by the Compensation Committee (the “Committee”) of the Board of Directors of AvalonBay Communities, Inc. (the “Company”) to govern the deferral by a Non-Employee Director pursuant to Section 7(b) of the AvalonBay Communities, Inc. 1994 Stock Option Plan (the 1994 Plan) and Section 8(b) of the AvalonBay Communities, Inc. Second Amended and Restated Equity Incentive Plan (the 2009 Plan), each as may heretofore have been, or hereafter may be, amended (collectively, the “Plan”).  All capitalized terms used herein shall have the same meaning as used in the 2009 Plan unless otherwise specifically provided herein.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES 2017 OPERATING RESULTS, 3.5% DIVIDEND INCREASE AND INITIAL 2018 FINANCIAL OUTLOOK (February 1st, 2018)

(Arlington, VA)  AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended December 31, 2017 was $237,573,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 2.3% to $1.72 for the three months ended December 31, 2017, from $1.76 for the prior year period.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Medium-Term Notes Due Nine Months or More From Date of Issue TERMS AGREEMENT (November 15th, 2017)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. SECOND AMENDMENT TO AMENDED AND RESTATED BYLAWS (November 13th, 2017)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES THIRD QUARTER 2017 OPERATING RESULTS (October 31st, 2017)

(Arlington, VA)  AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended September 30, 2017 was $238,248,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 33.6% to $1.72 for the three months ended September 30, 2017, from $2.59 for the prior year period.

Avalonbay Communities Inc – SECOND AMENDED AND RESTATED 2009 EQUITY INCENTIVE PLAN (August 4th, 2017)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES SECOND QUARTER 2017 OPERATING RESULTS AND UPDATES FULL YEAR 2017 FINANCIAL OUTLOOK (August 3rd, 2017)

(Arlington, VA)  AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended June 30, 2017 was $165,225,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 16.7% to $1.20 for the three months ended June 30, 2017, from $1.44 for the prior year period.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Medium-Term Notes Due Nine Months or More From Date of Issue TERMS AGREEMENT (June 21st, 2017)
Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. Medium-Term Notes Due Nine Months or More From Date of Issue TERMS AGREEMENT (May 12th, 2017)
Avalonbay Communities Inc – PERFORMANCE-BASED RESTRICTED STOCK UNITS GRANTED UNDER THE AVALONBAY COMMUNITIES, INC. 2009 STOCK OPTION AND INCENTIVE PLAN (As approved by the Board of Directors and its Compensation Committee in February 2017 and January 2017, respectively, for use with Performance Awards with Performance Periods beginning on or after January 1, 2017) (May 2nd, 2017)

You have been granted performance-based restricted stock units under the AvalonBay Communities, Inc. 2009 Stock Option and Incentive Plan (as the same has or may be amended, the “Plan”), subject to the following Award Terms. This grant is also subject to the terms of (i) your Personal Performance Award Agreement Exhibit(s) (“Personal Exhibit”), as further explained herein, (ii) the attached form of Restricted Stock Award Agreement, and (iii) the Plan, which is hereby incorporated by reference. To the extent that an Award Term conflicts with the Plan, the Plan shall govern.

Avalonbay Communities Inc – AVALONBAY COMMUNITIES, INC. ANNOUNCES FIRST QUARTER 2017 OPERATING RESULTS (April 27th, 2017)

(Arlington, VA)  AvalonBay Communities, Inc. (NYSE: AVB) (the “Company”) reported today that Net Income Attributable to Common Stockholders for the three months ended March 31, 2017 was $235,875,000. This resulted in a decrease in Earnings per Share – diluted (“EPS”) of 0.6% to $1.72 for the three months ended March 31, 2017, from $1.73 for the prior year period.