DYNEX CAPITAL, INC. AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • April 3rd, 2017 • Dynex Capital Inc • Real estate investment trusts • New York
Reference is made to the Equity Distribution Agreement, dated as of June 24 2010, as amended as of December 23, 2011 (the “Original Agreement”), by and between DYNEX CAPITAL, INC., a Virginia corporation (the “Company”), and JMP SECURITIES LLC (“JMP”), pursuant to which the Company proposed to issue and sell through JMP, acting as agent, from time to time during the term of the Original Agreement, on the terms and subject to the conditions set forth in the Original Agreement, up to 8,000,000 shares of the Company’s common stock, par value $0.01 per share (the “Common Stock”), of which shares 7,416,520 shares remain unissued and unsold. The Company and JMP wish to amend and restate the Original Agreement in its entirety as provided hereby.
