0001437749-13-005814 Sample Contracts

GLIMCHER REALTY TRUST AMENDMENT NO. 3 TO THE EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • May 10th, 2013 • Glimcher Realty Trust • Real estate investment trusts

Reference is made to the Equity Distribution Agreement, dated May 16, 2011, as amended by Amendment No. 1 to the Equity Distribution Agreement, dated December 20, 2011, and Amendment No. 2 to the Equity Distribution Agreement, dated July 31, 2012 (as amended, the “Agreement”), among Glimcher Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary, Glimcher Properties Limited Partnership, a Delaware limited partnership (the “Partnership”) and KeyBanc Capital Markets Inc. (the “Manager”). In consideration of the mutual promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company, the Partnership and the Manager hereby agree to enter into this Amendment No. 3 to the Agreement, dated the date hereof (the “Amendment No. 3”), with the purpose of, among other things, establishing the Securities available for issue and sale on and after the Amendment Effective Date in an aggregate sale price of u

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GLIMCHER REALTY TRUST AMENDMENT NO. 1 TO THE EQUITY DISTRIBUTION AGREEMENT
The Equity Distribution Agreement • May 10th, 2013 • Glimcher Realty Trust • Real estate investment trusts

Reference is made to the Equity Distribution Agreement, dated July 31, 2012 (the “Agreement”), among Glimcher Realty Trust, a Maryland real estate investment trust (the “Company”), its subsidiary, Glimcher Properties Limited Partnership, a Delaware limited partnership (the “Partnership”) and Merrill Lynch, Pierce, Fenner & Smith Incorporated (the “Manager”). In consideration of the mutual promises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Company, the Partnership and the Manager hereby agree to enter into this Amendment No. 1 to the Agreement, dated the date hereof (the “Amendment No. 1”), with the purpose of, among other things, establishing the Securities available for issue and sale on and after the Amendment Effective Date in an aggregate sale price of up to $215,000,000.

GLIMCHER REALTY TRUST Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • May 10th, 2013 • Glimcher Realty Trust • Real estate investment trusts • New York

Glimcher Realty Trust, a Maryland real estate investment trust (the “Company”), and its subsidiary, Glimcher Properties Limited Partnership, a Delaware limited partnership (the “Partnership”), confirm their agreement (this “Agreement”) with Raymond James & Associates, Inc. (“Raymond James”), as follows:

GLIMCHER REALTY TRUST Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • May 10th, 2013 • Glimcher Realty Trust • Real estate investment trusts • New York

Glimcher Realty Trust, a Maryland real estate investment trust (the “Company”), and its subsidiary, Glimcher Properties Limited Partnership, a Delaware limited partnership (the “Partnership”), confirm their agreement (this “Agreement”) with Jefferies LLC (“Jefferies”), as follows:

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