0001144204-13-041735 Sample Contracts

AMERICAN REALTY CAPITAL PROPERTIES, INC. Issuer AND U.S. Bank National Association Trustee INDENTURE Dated as of July 29, 2013 Senior Debt Securities
Indenture • July 29th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

INDENTURE, dated as of July 29, 2013, between American Realty Capital Properties, Inc., a Maryland corporation (the “Company”), and U.S. Bank National Association, as trustee (the “Trustee”):

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AMERICAN REALTY CAPITAL PROPERTIES, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee FIRST SUPPLEMENTAL INDENTURE Dated as of July 29, 2013 3.00% Convertible Senior Notes due 2018
First Supplemental Indenture • July 29th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

FIRST SUPPLEMENTAL INDENTURE dated as of July 29, 2013 (this “Supplemental Indenture”) between AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

Citigroup Global Markets Inc. UNDERWRITING AGREEMENT AMERICAN REALTY CAPITAL PROPERTIES, INC.
Underwriting Agreement • July 29th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
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