OTHER INFORMATION
−Removed: (c) During the three months ended March 31, 2024, none of our directors or officers (as defined in Rule 16a-1(f) of the Exchange Act) adopted , terminated or modified a Rule 10b5-1 trading arrangement or non-Rule 10b5-1 trading arrangement (as such terms are defined in Item 408 of Regulation S-K).
−Removed: Second Amended and Restated Credit Agreement, dated March 8, 2024, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Bank of America, N.A., as administrative agent and the lenders and letter of credit issuers party thereto.
−Removed: Third Amendment to Credit Agreement, dated March 13, 2024, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., the subsidiary guarantors party thereto, Wells Fargo National Association, as administrative agent and the lenders party thereto.
−Removed: Note Purchase Agreement, dated April 10, 2024, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc.
−Removed: and the purchasers named therein (incorporated by referen ce to Exhibit 10.1 to the Company's Current Report on Form 8-K, filed April 11, 2024) .
+Added: (c) During the three months ended June 30, 2024, none of our directors or officers (as defined in Rule 16a-1(f) of the Exchange Act) adopted , terminated or modified a Rule 10b5-1 trading arrangement or non-Rule 10b5-1 trading arrangement (as such terms are defined in Item 408 of Regulation S-K).
+Added: Empire State Realty Trust, Inc.
+Added: Empire State Realty OP, L.P.
+Added: 2024 Equity Incentive Plan, incorporated by reference to Exhibit A to the Company's Definitive Proxy Statement filed with the SEC on March 28, 2024.
+Added: Form of Restricted Stock Agreement (Time-Based), incorporated by reference to Exhibit 99.1 to the Registration Statement on Form S-8 (Registration No.
+Added: 333-279259), filed with the SEC on May 9, 2024.
+Added: Form of LTIP Agreement (Director, Time-Based), incorporated by reference to Exhibit 99.2 to the Registration Statement on Form S-8 (Registration No.
+Added: 333-279259), filed with the SEC on May 9, 2024.
+Added: Form of LTIP Agreement (Executive Officer or Director, Immediate Vest), incorporated by reference to Exhibit 99.3 to the Registration Statement on Form S-8 (Registration No.
+Added: 333-279259), filed with the SEC on May 9, 2024.
+Added: Form of LTIP Agreement (Executive Officer, Performance-Based) , incorporated by reference to Exhibit 99.4 to the Registration Statement on Form S-8 (Registration No.
+Added: 333-279259), filed with the SEC on May 9, 2024.
+Added: Form of LTIP Agreement (Executive Officer, Time-Based), incorporated by reference to Exhibit 99.5 to the Registration Statement on Form S-8 (Registration No.
+Added: 333-279259), filed with the SEC on May 9, 2024.
+Added: Amended and Restated Employment Agreement between Empire State Realty Trust, Inc.
+Added: and Anthony E.
+Added: Malkin, dated September 20, 2024, incorporated by reference to Exhibit 10.1 to the Registrant's Form 8-K filed with the SEC on September 23,2024.
Certification of Chief Executive Officer pursuant to Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002.
15 unchanged sentences
Empire State Realty Trust, Inc., its general partner
−Removed: May 7, 2024 By:
/s/ Stephen V.
−Removed: Executive Vice President, Chief Financial Officer & Chief Accounting Officer
+Added: October 8, 2024
+Added: Executive Vice President, Chief Financial Officer
+Added: & Chief Accounting Officer
(Principal Financial and Accounting Officer)
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.