0001047469-03-020205 Sample Contracts

FORM OF DEPOSIT AGREEMENT
Deposit Agreement • May 30th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

This DEPOSIT AGREEMENT is made and entered into as of , 200 by and among NEW PLAN EXCEL REALTY TRUST, INC., a Maryland corporation, , a national banking association, as Depositary, and all holders from time to time of Receipts (as hereinafter defined) issued hereunder.

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FORM OF DEBT WARRANT AGREEMENT] NEW PLAN EXCEL REALTY TRUST, INC. AND [NAME OF DEBT WARRANT AGENT], Debt Warrant Agent DEBT WARRANT AGREEMENT Dated as of , 200
Debt Warrant Agreement • May 30th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

DEBT WARRANT AGREEMENT dated as of , 200 between New Plan Excel Realty Trust, Inc., a Maryland corporation (hereinafter called the "Company," [which term includes any successor corporation under the Indenture hereinafter referred to]) and , as Debt Warrant Agent (herein called the "Debt Warrant Agent").

FORM OF EQUITY WARRANT AGREEMENT] NEW PLAN EXCEL REALTY TRUST, INC. AND , AS WARRANT AGENT [COMMON/PREFERRED STOCK] [DEPOSITARY SHARE] WARRANT AGREEMENT DATED AS OF , 200
Warrant Agreement • May 30th, 2003 • New Plan Excel Realty Trust Inc • Real estate investment trusts • New York

[COMMON/PREFERRED STOCK] [DEPOSITARY SHARE] WARRANT AGREEMENT, dated as of , 200 between New Plan Excel Realty Trust, Inc., a Maryland corporation (hereinafter called the "Company"), and , having a corporate trust office in , as warrant agent (hereinafter called the "Warrant Agent").

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