0001193125-26-354068 Sample Contracts

AVALONBAY COMMUNITIES, INC., as Issuer — and — THE BANK OF NEW YORK MELLON, as Trustee INDENTURE Dated as of February 23, 2018 Debt Securities
Indenture • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • New York

INDENTURE, dated as of February 23, 2018 (this “Indenture”), between AvalonBay Communities, Inc., a Maryland corporation (the “Issuer” or the “Company”), having its principal executive office located at 671 N. Glebe Road, Arlington, VA 22203, as issuer, and The Bank of New York Mellon, a corporation organized and existing under the laws of the State of New York, as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • New York

THIRD SUPPLEMENTAL INDENTURE, dated as of August 17, 2026 (this “Third Supplemental Indenture”), by and among Canopy Merger Sub LLC, a Maryland limited liability company (the “Merger Sub”), ERP Operating Limited Partnership, an Illinois limited partnership (the “New Issuer”), and The Bank of New York Mellon, as trustee (the “Trustee”).

SIXTH SUPPLEMENTAL INDENTURE
Sixth Supplemental Indenture • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • New York

SIXTH SUPPLEMENTAL INDENTURE, dated as of August 17, 2026 (this “Sixth Supplemental Indenture”), by and among Canopy Merger Sub LLC, a Maryland limited liability company (the “Merger Sub”), ERP Operating Limited Partnership, an Illinois limited partnership (the “Company”), and The Bank of New York Mellon, as trustee (the “Trustee”).

AMENDMENT NO. 2 TO TERM LOAN AGREEMENT
Term Loan Agreement • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • Illinois

THIS TERM LOAN AGREEMENT, dated as of April 3, 2025, is among ERP OPERATING LIMITED PARTNERSHIP (as successor in interest to Canopy Merger Sub LLC, the successor by merger to AvalonBay Communities Inc.), the financial institutions from time to time party hereto as BANKS, and TRUIST BANK, as Administrative Agent.

FOURTH SUPPLEMENTAL INDENTURE
Fourth Supplemental Indenture • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • New York

FOURTH SUPPLEMENTAL INDENTURE, dated as of August 17, 2026 (this “Fourth Supplemental Indenture”), by and among Canopy Merger Sub LLC, a Maryland limited liability company (the “Merger Sub”), ERP Operating Limited Partnership, an Illinois limited partnership (the “New Issuer”), and U.S. Bank Trust Company, National Association, as trustee (the “Trustee”).

AMENDMENT NO. 2 TO SEVENTH AMENDED AND RESTATED REVOLVING LOAN AGREEMENT
Revolving Loan Agreement • August 17th, 2026 • Erp Operating LTD Partnership • Real estate investment trusts • Illinois

THIS SEVENTH AMENDED AND RESTATED LOAN AGREEMENT, dated as of April 3, 2025, is among ERP OPERATING LIMITED PARTNERSHIP (as successor in interest to Canopy Merger Sub LLC, the successor by merger to AvalonBay Communities Inc.), the financial institutions from time to time party hereto as BANKS, and BANK OF AMERICA, N.A., as Administrative Agent.