SEVENTEENTH SUPPLEMENTAL INDENTURE, dated as of February 21, 2020, between DUKE REALTY LIMITED PARTNERSHIP, an Indiana limited partnership (the Issuer), having its principal offices at 8711 River Crossing Boulevard, Indianapolis, IN 46240 and THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A. (as successor to J.P. MORGAN TRUST COMPANY, National Association), a national banking association organized under the laws of the United States of America, as trustee (the Trustee), having its Corporate Trust Office at 2 N. LaSalle Street, Suite 700, Chicago, Illinois 60602.
WHEREAS, the Issuer executed and delivered its Indenture (the Original Indenture), dated as of July 28, 2006, to the Trustee to issue from time to time for its lawful purposes debt securities evidencing its unsecured indebtedness.
WHEREAS, the Original Indenture provides that by means of a supplemental indenture, the Issuer may create one or more series of its debt securities and establish the form and terms and conditions thereof.
WHEREAS, the Issuer intends by this Seventeenth Supplemental Indenture to (i) create a series of debt securities, in an initial aggregate principal amount of $325,000,000, entitled Duke Realty Limited Partnership 3.050% Senior Notes due 2050; and (ii) establish the form and the terms and conditions of such Notes.
WHEREAS, the Board of Directors of Duke Realty Corporation, the general partner of the Issuer, acting through authority delegated to certain of its executive officers, has approved the creation of the Notes and the form, terms and conditions thereof.
WHEREAS, the consent of Holders to the execution and delivery of this Seventeenth Supplemental Indenture is not required, and all other actions required to be taken under the Original Indenture with respect to this Seventeenth Supplemental Indenture have been taken.
NOW, THEREFORE IT IS AGREED:
Definitions, Creation, Form and Terms and Conditions of the Debt Securities
SECTION 1.01. Definitions. Capitalized terms used in this Seventeenth Supplemental Indenture and not otherwise defined shall have the meanings ascribed to them in the Original Indenture. In addition, the following terms shall have the following meanings to be equally applicable to both the singular and the plural forms of the terms defined:
DTC means The Depository Trust Company.
Global Note means a single fully-registered global note in book-entry form, without coupons, substantially in the form of Exhibit A attached hereto.
Indenture means the Original Indenture as supplemented by this Seventeenth Supplemental Indenture.