Atm Equity Offeringsm Sales Agreement Sample Contracts

Armour Residential R – Amendment No. 1 to the Atm Equity Offeringsm Sales Agreement (October 2nd, 2017)
Armour Residential R – ARMOUR Residential REIT, INC. Up to 5,000,000 Shares of Common Stock ($0.001 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 30th, 2017)

ARMOUR Residential REIT, Inc., a Maryland corporation (the "Company"), that is externally managed by ARMOUR Capital Management LP, a Delaware limited partnership (the "Manager"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and principal (the "Agent"), shares (the "Shares") of the Company's common stock, $0.001 par value (the "Common Stock"), in an aggregate amount up 5,000,000 Shares, on the terms set forth in this ATM Equity OfferingSM Sales Agreement (the "Agreement"). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a "Terms Agreement"), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to "this Agreement" or to matters contained "herein" or "hereunder", or words of simi

Hannon Armstrong Sustainable In – Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 10th, 2016)
Hannon Armstrong Sustainable In – Hannon Armstrong Sustainable Infrastructure Capital, Inc. Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 10th, 2016)

Hannon Armstrong Sustainable Infrastructure Capital, Inc., a Maryland corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the "Agent"), shares (the "Shares") of the Company's common stock, $0.01 par value (the "Common Stock"), having an aggregate gross sales price not to exceed $75,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement with the Agent (each, a "Terms Agreement"), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. The Company is entering into a separate but parallel ATM equity offering sales agreement (the "Alternative Agreement" and, collectively with this Agreement, the "S

Armada Hoffler Properties Inc. – Atm Equity Offeringsm Sales Agreement (May 4th, 2016)
Armada Hoffler Properties Inc. – Atm Equity Offeringsm Sales Agreement (May 4th, 2016)

Armada Hoffler Properties, Inc., a Maryland corporation (the "Company"), and Armada Hoffler, L.P., a Virginia limited partnership (the "Operating Partnership" and, together with the Company, the "Transaction Entities"), propose that the Company, subject to the terms and conditions stated herein, may issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the "Agent"), shares of the Company's common stock, $0.01 par value per share (the "Common Stock"), having an aggregate gross sales price of up to $75,000,000 (the "Shares"), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a "Terms Agreement"), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to "this Agreem

Armada Hoffler Properties Inc. – Atm Equity Offeringsm Sales Agreement (May 4th, 2016)
Universal Health Rlty Income – Universal Health Realty Income Trust Common Shares of Beneficial Interest ($.01 Par Value) AMENDED AND RESTATED ATM EQUITY OFFERINGSM SALES AGREEMENT (May 3rd, 2016)

This Agreement amends and restates in its entirety that certain ATM Equity OfferingSM Sales Agreement, dated November 8, 2013, by and among the Trust, UHS of Delaware, Inc. (the "Advisor") and the Agent (the "Original Agreement"), which contemplated the issuance and sale of Shares having an aggregate offering price of up to $50 million to or through the Agent, of which Shares having an aggregate offering price of $26,701,986 have been issued and sold pursuant to the Original Agreement. As of the date hereof, Shares having an aggregate offering price of up to $23,296,027 remain authorized for issuance and sale pursuant to the terms of this Agreement. Notwithstanding anything to the contrary contained herein, this Agreement shall not have any effect on offerings or sales of Shares prior to the date hereof pursuant to the Original Agreement or on the terms of the Original Agreement and the rights and obligations of the parties thereunder, insofar as they relate to such offerings or sales,

CORRECTIONS CORPORATION OF AMERICA Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (February 29th, 2016)

Corrections Corporation of America, a Maryland corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, J.P. Morgan Securities LLC, SunTrust Robinson Humphrey, Inc., Wells Fargo Securities, LLC, Canaccord Genuity Inc., Macquarie Capital (USA) Inc. and Jefferies LLC, as sales agent and/or principal (each, an "Agent" and collectively, the "Agents") shares (the "Shares") of the Company's common stock, $0.01 par value (the "Common Stock"), having an aggregate gross sales price not to exceed $200,000,000, on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a "Terms Agreement"), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(l) hereof. Re

American Midstreampartners Lp – Atm Equity Offeringsm Sales Agreement (October 14th, 2015)

American Midstream Partners, LP, a Delaware limited partnership (the Partnership), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch) or SunTrust Robinson Humphrey, Inc. (SunTrust), as sales agent and/or principal (each, an Agent, and collectively, the Agents), common units representing limited partner interests in the Partnership (the Common Units), having an aggregate gross sales price not to exceed $100,000,000 (the Units), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Partnership agrees that whenever it determines to sell the Units directly to an Agent as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to this Agreement or to matters contained herein or hereunder

Archrock Partners, L.P. – EXTERRAN PARTNERS, L.P. Common Units Representing Limited Partner Interests ATM EQUITY OFFERINGSM SALES AGREEMENT (May 18th, 2015)

Exterran Partners, L.P., a Delaware limited partnership (the Partnership), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc. J.P. Morgan Securities LLC, RBC Capital Markets, LLC and Wells Fargo Securities, LLC, as sales agents and/or principals (each, an Agent, and collectively, the Agents), common units representing limited partner interests in the Partnership (the Common Units), having an aggregate gross sales price of up to $100,000,000 (the Offered Units), on the terms set forth in this ATM Equity OfferingSM Sales Agreement (this Agreement). The Partnership agrees that whenever it determines to sell Offered Units directly to an Agent as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. Referenc

Armada Hoffler Properties Inc. – Armada Hoffler Properties, Inc. Common Stock ($0.01 Par Value Per Share) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 5th, 2015)

Armada Hoffler Properties, Inc., a Maryland corporation (the Company), and Armada Hoffler, L.P., a Virginia limited partnership (the Operating Partnership and, together with the Company, the Transaction Entities), propose that the Company, subject to the terms and conditions stated herein, may issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the Agent), shares of the Companys common stock, $0.01 par value per share (the Common Stock), having an aggregate gross sales price of up to $50,000,000 (the Shares), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to this Agreement or to matters

Armada Hoffler Properties Inc. – Armada Hoffler Properties, Inc. Common Stock ($0.01 Par Value Per Share) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 5th, 2015)
United Dominion Realty L P – Atm Equity Offeringsm Sales Agreement (July 31st, 2014)

Reference is made to the ATM Equity OfferingSM Sales Agreement dated April 4, 2012 (the "Agreement") by and among UDR, Inc. (the "Company") and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, J.P. Morgan Securities LLC, and Morgan Stanley & Co. LLC (collectively, the "Parties"). On July 29, 2014, the Company and United Dominion Realty, L.P. (the "Operating Partnership") filed with the Securities and Exchange Commission (the "Commission") an "automatic shelf registration statement" as defined under Rule 405 under the Securities Act of 1933, as amended (the "1933 Act"), on Form S-3 (File No. 333-197710) (the "Registration Statement"), in respect of certain of the Company's and the Operating Partnership's securities, in anticipation of the expiration of the Company's automatic shelf registration statement on Form S-3 (File No. 333-176616) (the "Expiring Registration Statement"). The Parties wish to amend the Agreemen

Atm Equity Offeringsm Sales Agreement (July 31st, 2014)

Reference is made to the ATM Equity OfferingSM Sales Agreement dated April 4, 2012 (the "Agreement") by and among UDR, Inc. (the "Company") and Merrill Lynch, Pierce, Fenner & Smith Incorporated, Citigroup Global Markets Inc., Credit Suisse Securities (USA) LLC, J.P. Morgan Securities LLC, and Morgan Stanley & Co. LLC (collectively, the "Parties"). On July 29, 2014, the Company and United Dominion Realty, L.P. (the "Operating Partnership") filed with the Securities and Exchange Commission (the "Commission") an "automatic shelf registration statement" as defined under Rule 405 under the Securities Act of 1933, as amended (the "1933 Act"), on Form S-3 (File No. 333-197710) (the "Registration Statement"), in respect of certain of the Company's and the Operating Partnership's securities, in anticipation of the expiration of the Company's automatic shelf registration statement on Form S-3 (File No. 333-176616) (the "Expiring Registration Statement"). The Parties wish to amend the Agreemen

PARKWAY PROPERTIES, INC. Common Stock ($.001 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 29th, 2014)
Starwood Property Trust – Starwood Property Trust, Inc. Common Stock ($0.01 Par Value) AMENDED AND RESTATED ATM EQUITY OFFERINGSM SALES AGREEMENT (May 27th, 2014)

Starwood Property Trust, Inc., a corporation organized under the laws of Maryland (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and principal (the Agent), shares (the Shares) of the Companys common stock, $0.01 par value (the Common Stock), having an aggregate gross sales price of up to $500,000,000 on the terms set forth in Section 3 of this Amended and Restated ATM Equity OfferingSM Sales Agreement (the Agreement), which amends and restates the ATM Equity OfferingSM Sales Agreement, dated as of June 22, 2012, by and among the Company, SPT Management, LLC, a Delaware limited liability company (the Manager), and the Agent. The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (a Terms Agreement) in substantially the form of Annex I hereto, relating to such s

Highwoods Realty Ltd Partnership – Form of Atm Equity Offeringsm Sales Agreement (February 11th, 2014)

Highwoods Properties, Inc., a Maryland corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch"), as sales agent and/or principal (the "Agent"), shares (the "Shares") of the Company's common stock, $.01 par value (the "Common Stock"), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (this "Agreement"). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

Atm Equity Offeringsm Sales Agreement (August 6th, 2013)

Cedar Realty Trust, Inc., a Maryland corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), KeyBanc Capital Markets Inc. (KBCM) or RBC Capital Markets, LLC (RBC), as sales agents and/or principals (each, an Agent, and collectively, the Agents) up to 10,000,000 shares (the Shares) of the Companys common stock, $0.06 par value (the Common Stock), on the terms set forth in this ATM Equity OfferingSM Sales Agreement. The Company agrees that whenever it determines to sell Shares directly to an Agent as principal it will enter into a separate written Terms Agreement (each, a Terms Agreement), in substantially the form of Annex I hereto, relating to such sale in accordance with Section 2(k) hereof. References herein to this Agreement or to matters contained herein or hereunder, or words of similar import, mean this ATM Equity Offering SM Sales

Pennymac Mortgage Invest Tr – PENNYMAC MORTGAGE INVESTMENT TRUST $200,000,000 Common Shares of Beneficial Interest ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (August 7th, 2012)

PENNYMAC MORTGAGE INVESTMENT TRUST, a Maryland real estate investment trust (the Company), PENNYMAC OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the operating partnership of the Company (the Operating Partnership), and PNMAC CAPITAL MANAGEMENT, LLC, a Delaware limited liability company (the Manager), confirm their respective agreements (this Agreement) with Merrill Lynch, Pierce, Fenner & Smith Incorporated (the Agent), as follows:

Highwoods Realty Ltd Partnership – Highwoods Properties, Inc. Common Stock ($.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 25th, 2011)

Highwoods Properties, Inc., a Maryland corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch"), as sales agent and/or principal (the "Agent"), shares (the "Shares") of the Company's common stock, $.01 par value (the "Common Stock"), having an aggregate gross sales price of up to $150,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (this "Agreement"). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

SL Green Realty – SL GREEN REALTY CORP. Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (February 16th, 2011)

SL Green Realty Corp., a Maryland corporation (the Company), which qualifies for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the Code), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Morgan Stanley & Co. Incorporated, as sales agent and/or principal (the Agent), shares (the Shares) of the Companys common stock, $0.01 par value (the Common Stock), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity Offering SM Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Sec

SL Green Realty – SL GREEN REALTY CORP. Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (February 16th, 2011)

SL Green Realty Corp., a Maryland corporation (the Company), which qualifies for federal income tax purposes as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended, including the regulations and published interpretations thereunder (the Code), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated, as sales agent and/or principal (the Agent), shares (the Shares) of the Companys common stock, $0.01 par value (the Common Stock), having an aggregate gross sales price of up to $250,000,000 on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to the Agent as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in acc

Common Stock ($0.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (December 3rd, 2009)

Home Properties, Inc., a Maryland corporation (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated ("Merrill Lynch"), as sales agent and/or principal, or BMO Capital Markets Corp. ("BMO"), as sales agent and/or principal (each an "Agent", and together the "Agents"), up to 3,700,000 shares (the "Shares") of the Company's common stock, $0.01 par value (the "Common Stock"), on the terms and subject to the conditions set forth in this ATM Equity OfferingSM Sales Agreement (the "Agreement"). The Company agrees that whenever it determines to sell Shares directly to either Agent as principal, it will enter into a separate agreement (each, a "Terms Agreement") in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

Atm Equity Offeringsm Sales Agreement (November 23rd, 2009)

Cathay General Bancorp, a Delaware corporation (the Company), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated, as agent and/or principal under any Terms Agreement (as defined in Section 1(a) below) (you or the Agent), with respect to the issuance and sale from time to time by the Company, in the manner and subject to the terms and conditions described below (this Agreement), of Common Stock, $0.01 par value per share (the Common Stock), of the Company having an aggregate Gross Sales Price (as defined in Section 2(b) below) of up to $50,000,000 (the Maximum Amount) on the terms set forth in Section 1 of this Agreement. Such shares are hereinafter collectively referred to as the Shares and are described in the Prospectus referred to below.

STIFEL FINANCIAL CORP. Common Stock ($0.15 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (June 4th, 2009)

Stifel Financial Corp., a Delaware corporation (the Company), proposes, subject to the terms and conditions stated herein, to issue and sell from time to time to or through Merrill Lynch, Pierce, Fenner & Smith Incorporated (Merrill Lynch), as sales agent and/or principal or Stifel, Nicolaus & Company, Incorporated (Stifel Nicolaus), as sales agent (each an Agent, and together the Agents), up to 1,000,000 shares (the Shares) of the Companys common stock, $0.15 par value per share (the Common Stock), on the terms set forth in Section 2 of this ATM Equity OfferingSM Sales Agreement (the Agreement). The Company agrees that whenever it determines to sell Shares directly to Merrill Lynch as principal, it will enter into a separate agreement (each, a Terms Agreement) in substantially the form of Annex I hereto, relating to such sale in accordance with Section 3 of this Agreement.

Kansas City Southern Common Stock ($.01 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (May 1st, 2009)
WEINGARTEN REALTY INVESTORS Common Shares of Beneficial Interest ($0.03 Par Value) ATM EQUITY OFFERINGSM SALES AGREEMENT (March 12th, 2009)
Atm Equity Offeringsm Sales Agreement (September 8th, 2008)
Raser Technologies – Amendment to the Atm Equity Offeringsm Sales Agreement (August 15th, 2008)
Gramercy Property Trust Inc. – 1,000,000 Shares Atm Equity Offeringsm Sales Agreement (May 10th, 2006)

GRAMERCY CAPITAL CORP., a Maryland corporation (the Company), GKK Capital LP, a Delaware limited partnership (the Operating Partnership), and GKK Manager, LLC, a Delaware limited liability company and the manager of the Company and the Operating Partnership (together with its affiliates, the Manager) confirms their respective agreements (this Agreement) with Merrill Lynch & Co. (ML&Co), as follows: