MODIV INC. UNDERWRITING AGREEMENTUnderwriting Agreement • September 17th, 2021 • Modiv Inc. • Real estate investment trusts • New York
Modiv Inc., a Maryland corporation (the “Company”), and Modiv Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), jointly and severally, confirm their agreement with the underwriters named in Schedule I hereto (collectively, the “Underwriters”), for whom B. Riley Securities, Inc. is acting as representative (the “Representative”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, subject to the terms and conditions stated in this agreement (this “Agreement”), of an aggregate of 1,800,000 shares (the “Firm Shares”) of the Company’s 7.375% Series A Cumulative Redeemable Perpetual Preferred Stock, $0.001 par value per share (the “Preferred Stock”). The Company has also agreed to grant to the Underwriters an option to purchase up to an additional 200,000 shares of Preferred Stock (the “Option Shares”). The Firm Shares and the Option Shares are hereinafter collectively referred to as
ContractLimited Partnership Agreement • September 17th, 2021 • Modiv Inc. • Real estate investment trusts • Delaware
