ContractEquity Sales Agreement • August 12th, 2019 • W. P. Carey Inc. • Real estate investment trusts • New York
defined below) are offered or sold through any Agent acting as forward seller for the applicable Forward Purchaser, then such Agent, as forward seller, shall be acting as sales agent for such Forward Purchaser with respect to the offering and sale of such Shares and not as sales agent for the Company, and, except in cases where this Agreement expressly refers to an Agent acting as sales agent for the Company or unless otherwise expressly stated or the context otherwise requires, references in this Agreement to any Agent acting as sales agent shall also be deemed to apply to such Agent when acting as forward seller, except that BTIG, LLC, Capital One Securities, Inc., Fifth Third Securities, Inc., Regions Securities LLC and Stifel, Nicolaus & Company, Incorporated are not acting as forward sellers. Only an Agent that is, or is affiliated with, a Forward Purchaser may act as forward seller for such Forward Purchaser.
