0000950133-04-001910 Sample Contracts

CAPITAL AUTOMOTIVE REIT $100,000,000 of Convertible Notes due 2024 UNDERWRITING AGREEMENT
Underwriting Agreement • May 10th, 2004 • Capital Automotive Reit • Real estate investment trusts • New York
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CAPITAL AUTOMOTIVE REIT, as Issuer and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee SECOND SUPPLEMENTAL TRUST INDENTURE Dated as of May 12, 2004 Providing for Issuance of 6.0% CONVERTIBLE NOTES DUE 2024
Second Supplemental Trust Indenture • May 10th, 2004 • Capital Automotive Reit • Real estate investment trusts • New York

THIS SECOND SUPPLEMENTAL TRUST INDENTURE is made as of this 12th day of May, 2004 (the “Supplemental Indenture”), by and between Capital Automotive REIT, a real estate investment trust organized under the laws of the State of Maryland, as issuer (the “Company”), and Wells Fargo Bank, National Association, a national banking association organized under the laws of the United States of America, as trustee (the “Trustee”).

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