0000950123-10-098269 Sample Contracts
PROLOGIS Common Shares of Beneficial Interest Purchase Agreement dated October 26, 2010 Merrill Lynch, Pierce, Fenner and Smith Incorporated Morgan Stanley & Co. IncorporatedPurchase Agreement • November 1st, 2010 • Prologis • Real estate investment trusts • New York
Introductory. ProLogis, a Maryland real estate investment trust (the “Company”), confirms its agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and each of the other Underwriters named in Schedule A hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 10 hereof), for whom Merrill Lynch and Morgan Stanley & Co. Incorporated are acting as representatives (in such capacity, the “Representatives”), with respect to the issue and sale by the Company and the purchase by the Underwriters, acting severally and not jointly, of the respective numbers of its common shares of beneficial interest, par value $0.01 per share (the “Common Stock”) set forth in said Schedule A, and with respect to the grant by the Company to the Underwriters, acting severally and not jointly, of the option described in Section 2(b) hereof to purchase all or any part of 12,000,000 additional shares of Common