REGISTRATION RIGHTS AGREEMENT dated as of August 9, 2005 among Affordable Residential Communities LP, Affordable Residential Communities Inc. and Merrill Lynch, Pierce, Fenner & Smith IncorporatedRegistration Rights Agreement • August 9th, 2005 • Affordable Residential Communities Inc • Real estate investment trusts • New York
This Agreement is made pursuant to the Purchase Agreement, dated as of August 3, 2005, among the Company, Parent and the Initial Purchaser (the "Purchase Agreement"), which provides for the sale by the Company to the Initial Purchaser of an aggregate of $87,000,000 principal amount at maturity ($100,000,000 principal amount at maturity if the Initial Purchaser exercises their option in full) of the Company's 71/2% Senior Exchangeable Notes due 2025 (the "Securities"). In order to induce the Initial Purchaser to enter into the Purchase Agreement, the Company has agreed to provide to the Initial Purchaser and its direct and indirect transferees the registration rights set forth in this Agreement. The execution of this Agreement is a condition to the closing under the Purchase Agreement.
COMMON STOCK DELIVERY AGREEMENTCommon Stock Delivery Agreement • August 9th, 2005 • Affordable Residential Communities Inc • Real estate investment trusts • New York
This agreement ("Agreement") is being made this 9th day of August, 2005 by and between Affordable Residential Communities LP, a Delaware limited partnership (the "Operating Partnership"), and Affordable Residential Communities Inc., a Maryland corporation (the "Corporation").
AFFORDABLE RESIDENTIAL COMMUNITIES LP (a Delaware limited partnership) $87,000,000 7.50% Senior Exchangeable Notes due 2025 PURCHASE AGREEMENTAffordable Residential Communities Inc • August 9th, 2005 • Real estate investment trusts • New York
Affordable Residential Communities LP, Delaware limited partnership (the "Company"), and Affordable Residential Communities Inc., a Maryland corporation ("ARC"), confirm their agreement with Merrill Lynch & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Initial Purchaser"), with respect to the issue and sale by the Company and the purchase by the Initial Purchaser of $87,000,000 aggregate principal amount of the Company's 7.50% Senior Exchangeable Notes due 2025 (the "Initial Securities"), and with respect to the grant by the Company to the Initial Purchaser of the option described in Section 2(b) hereof to purchase all or any part of an additional $13,000,000 aggregate principal amount of Notes (the "Option Securities" and, together with the Initial Securities, the "Securities"). The Securities are to be issued pursuant to an indenture (the "Indenture") dated as of the Closing Time (as defined in Section 2(c)) between the Company and U.S. Bank National Association, as t
