44 unchanged sentences
001-33097), filed January 12, 2017.
+Added: 3.2 Bylaws of the Registrant, incorporated by reference to Exhibit 3.2 to the Registrant’s Registration Statement on Form S-11 (File No.
+Added: 333-106024), filed June 11, 2003.
+Added: 3.3 First Amendment to Bylaws of the Registrant, incorporated by reference to Exhibit 99.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed July 10, 2007.
+Added: 3.4 Second Amendment to Bylaws of the Registrant, incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed December 1, 2016.
3.5 Articles Supplementary, incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K (File No.
6 unchanged sentences
001-33097), filed December 3, 2019.
−Removed: 3.6 Bylaws of the Registrant, incorporated by reference to Exhibit 3.2 to the Registrant’s Registration Statement on Form S-11 (File No.
−Removed: 333-106024), filed June 11, 2003.
−Removed: 3.7 First Amendment to Bylaws of the Registrant, incorporated by reference to Exhibit 99.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed July 10, 2007.
−Removed: 3.8 Second Amendment to Bylaws of the Registrant, incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed December 1, 2016.
3.9 Articles Supplementary for 6.00% Series F Cumulative Redeemable Preferred Stock, incorporated by reference to Exhibit 3.1 to the Registrant’s Current Report on Form 8-K (File No.
14 unchanged sentences
4.5 Form of Indenture, incorporated by reference to Exhibit 4.5 to the Registrant’s Registration Statement on Form S-3 (File No.
−Removed: 333-229209), filed January 11, 2019.
−Removed: 4.6 Form of Indenture, incorporated by reference to Exhibit 4.7 to the Registrant’s Registration Statement on Form S-3 (File No.
−Removed: 333-236143), filed January 29, 2020.
+Added: 333-268549), filed November 23, 2022.
4.6 Description of the Registrant’s securities registered pursuant to Section 12 of the Exchange Act (filed herewith).
1 unchanged sentence
001-33097), filed January 3, 2007.
−Removed: 10.2 Loan Agreement between NH10 CUMMING GA LLC, D08 MARIETTA OH LLC, MPI06 MASON OH LLC, SRFF08 READING PA, L.P., RPT08 PINEVILLE NC, L.P., IPA12 ASHBURN VA SPE LLC, and FTCHI07 GRAND RAPIDS MI LLC and KeyBank National Association, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed October 3, 2012.
−Removed: 10.3 Promissory Note in favor of KeyBank National Association, dated as of October 1, 2012 (File No.
−Removed: 001-33097), incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed October 3, 2012.
−Removed: 10.4 Guaranty Agreement, effective as of October 1, 2012 between the Registrant and KeyBank National Association, incorporated by reference to Exhibit 10.3 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed October 3, 2012.
−Removed: 10.5 Unconditional Guaranty of Payment and Performance, dated as of August 7, 2013, by the Registrant, AL13 Brookwood LLC, CMS06-3 LLC, EI07 Tewksbury MA LLC, NJT06 Sterling Heights MI LLC, RB08 Concord OH LLC, DBPI07 Bolingbrook IL LLC, RCOG07 Georgia LLC, APML07 Hialeah FL LLC for the benefit of KeyBank National Association, incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed August 9, 2013.
−Removed: 10.6 Controlled Equity OfferingSM Sales Agreement, dated June 22, 2016, by and among the Registrant, Gladstone Commercial Limited Partnership, and Cantor Fitzgerald & Co., incorporated by reference to Exhibit 1.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed June 23, 2016.
−Removed: 10.7 Second Amended and Restated Credit Agreement, dated as of October 27, 2017 by and among Gladstone Commercial Limited Partnership, as borrower, Gladstone Commercial Corporation and certain of its wholly owned subsidiaries, as guarantors, each of the financial institutions initially a signatory thereto together with their successors and assignees, as lenders, and KeyBank National Association, as lender and agent, incorporated by reference to Exhibit 10.1 to the Registrant’s Quarterly Report on Form 10-Q (File No.
−Removed: 001-33097), filed October 31, 2017.
−Removed: 10.8 First Amendment to Second Amended and Restated Credit Agreement and Other Loan Documents, dated as of July 2, 2019 by and among Gladstone Commercial Limited Partnership, as borrower, Gladstone Commercial Corporation and certain of its wholly owned subsidiaries, as guarantors, each of the financial institutions initially a signatory thereto together with their successors and assignees, as lenders, and KeyBank National Association, as lender and agent, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed July 9, 2019.
+Added: 10.2 Escrow Agreement, dated as of February 20, 2020, by and between Gladstone Commercial Corporation and UMB Bank, National Association, incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Escrow Agreement, dated as of February 20, 2020, by and between Gladstone Commercial Corporation and UMB Bank, National Association, incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed February 20, 2020.
10.3 Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
5 unchanged sentences
001-33097), filed December 3, 2019.
−Removed: 10.12 Fifth Amended and Restated Investment Advisory Agreement, dated as of January 8, 2019, by and between the Registrant and Gladstone Management Corporation, incorporated by reference to Exhibit 10.23 to the Registrant’s Annual Report on Form 10-K (File No.
−Removed: 001-33097), filed February 13, 2019.
−Removed: 10.13 At-the-Market Equity Offering Sales Agreement, dated December 3, 2019, by and among Gladstone Commercial Corporation, Gladstone Commercial Limited Partnership, and Robert W.
−Removed: Incorporated, Goldman Sachs & Co.
−Removed: LLC, Stifel, Nicolaus & Company, Incorporated, BTIG, LLC, and Fifth Third Securities, Inc.
−Removed: (Common Shares), incorporated by reference to Exhibit 1.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed December 3, 2019.
−Removed: 10.14 At-the-Market Equity Offering Sales Agreement, dated December 3, 2019, by and among Gladstone Commercial Corporation, Gladstone Commercial Limited Partnership, and Robert W.
−Removed: Incorporated, Goldman Sachs & Co.
−Removed: LLC, Stifel, Nicolaus & Company, Incorporated, Fifth Third Securities, Inc.
−Removed: Bancorp Investments, Inc.
−Removed: (Series E Preferred Shares), incorporated by reference to Exhibit 1.2 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed December 3, 2019.
10.6 Second Amendment to the Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, including Exhibit SFP thereto, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
001-33097), filed February 20, 2020.
−Removed: 10.16 Escrow Agreement, dated as of February 20, 2020, by and between Gladstone Commercial Corporation and UMB Bank, National Association, incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Escrow Agreement, dated as of February 20, 2020, by and between Gladstone Commercial Corporation and UMB Bank, National Association, incorporated by reference to Exhibit 10.2 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed February 20, 2020.
−Removed: 8-K (File No.
+Added: 10.7 Third Amendment to the Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, including Exhibit SGP thereto, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed June 24, 2021.
+Added: 10.8 Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, incorporated by reference to Exhibit 10.1 to the Registrant's Quarterly Report on Form 10-Q (File No.
+Added: 001-33097), filed August 9, 2021.
+Added: 10.9 Third Amended and Restated Credit Agreement and Other Loan Documents, dated as of February 11, 2021, by and among Gladstone Commercial Limited Partnership, as borrower, Gladstone Commercial Corporation and certain of its wholly owned subsidiaries, as guarantors, each of the financial institutions initially a signatory thereto together with their successors and assignees, as lenders, and KeyBank National Association, as lender and agent, incorporated by reference to Exhibit 10.18 to the Registrant’s Annual Report on Form 10-K (File No.
001-33097), filed February 16, 2021.
+Added: 10.10 Fourth Amended and Restated Credit Agreement and Other Loan Documents, dated as of August 18, 2022 by and among Gladstone Commercial Limited Partnership, as borrower, Gladstone Commercial Corporation and certain of its wholly owned subsidiaries, as guarantors, each of the financial institutions initially a signatory thereto together with their successors and assignees, as lenders, and KeyBank National Association, as lender and agent, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed August 19, 2022.
10.11 Sixth Amended and Restated Investment Advisory Agreement, dated as of July 14, 2020, by and between the Registrant and Gladstone Management Corporation.
1 unchanged sentence
001-33097), filed July 27, 2020.
−Removed: 10.18 Third Amended and Restated Credit Agreement and Other Loan Documents, dated as of February 11, 2021, by and among Gladstone Commercial Limited Partnership, as borrower, Gladstone Commercial Corporation and certain of its wholly owned subsidiaries, as guarantors, each of the financial institutions initially a signatory thereto together with their successors and assignees, as lenders, and KeyBank National Association, as lender and agent, incorporated by reference to Exhibit 10.18 to the Registrant’s Annual Report on Form 10-K (File No.
+Added: 10.12 Seventh Amended and Restated Investment Advisory Agreement by and between the Registrant and Gladstone Management Corporation (filed herewith).
+Added: 10.13 Dealer Manager Agreement, dated as of February 20, 2020, by and between the Registrant and Gladstone Securities, LLC, incorporated by reference to Exhibit 1.1 to the Registrant’s Current Report on Form 8-K (File No.
001-33097), filed February 20, 2020.
−Removed: 10.19 Third Amendment to the Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, including Exhibit SGP thereto, incorporated by reference to Exhibit 10.1 to the Registrant’s Current Report on Form 8-K (File No.
−Removed: 001-33097), filed June 24, 2021.
−Removed: 10.20 Fourth Amendment to the Second Amended and Restated Agreement of Limited Partnership of Gladstone Commercial Limited Partnership, incorporated by reference to Exhibit 10.1 to the Registrant's Quarterly Report on Form 10-Q (File No.
−Removed: 001-33097), filed August 9, 2021.
+Added: 10.14 First Amendment to Dealer Manager Agreement, dated as of February 9, 2023, by and between the Registrant and Gladstone Securities, LLC, incorporated by reference to Exhibit 1.1 to the Registrant’s Current Report on Form 8-K (File No.
+Added: 001-33097), filed February 9, 2023.
21 List of Subsidiaries of the Registrant (filed herewith).
53 unchanged sentences
Wilkinson, Jr.
+Added: February 22, 2023 By:
+Added: /s/ Paula Novara
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.