0001193125-10-251929 Sample Contracts

UNDERWRITING AGREEMENT AMERICAN CAPITAL AGENCY CORP. (a Delaware corporation) 11,500,000 Shares of Common Stock Dated: September 28, 2010
Underwriting Agreement • November 8th, 2010 • American Capital Agency Corp • Real estate investment trusts • New York

any of the foregoing (collectively, the “Lock-Up Securities”) or (ii) enter into any swap or any other agreement or any transaction that transfers, in whole or in part, directly or indirectly, the economic consequence of ownership of the Lock-Up Securities, whether any such swap or transaction is to be settled by delivery of shares of Common Stock or other securities, in cash or otherwise.

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