0000950152-08-008962 Sample Contracts

HEALTH CARE REIT, INC. $250,000,000 Shares of Common Stock (par value $1.00 per share) EQUITY DISTRIBUTION AGREEMENT
Health Care • November 7th, 2008 • Health Care Reit Inc /De/ • Real estate investment trusts • New York

If the foregoing is in accordance with your understanding, please sign and return to us a counterpart hereof, whereupon this Terms Agreement, including those provisions of the Equity Distribution Agreement incorporated herein by reference, shall constitute a binding agreement between the Manager and the Company.

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