Empire State Realty Trust, Inc. Contracts & Agreements

Press Release announcing (Filed With SEC on January 5, 2022)

Second Amended and Restated Employment Agreement (Filed With SEC on October 8, 2021)

Form of LTIP Agreement (Executive Officer, Time Based) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Executive Officer, Performance Based) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Executive Officer or Director, Immediate Vest) (Filed With SEC on August 5, 2021)

Form of LTIP Agreement (Director, Time-Based) (Filed With SEC on August 5, 2021)

First Amended and Restated Empire State Realty Trust, Inc. Empire State Realty OP, L.P. 2019 Equity Incentive Plan As Amended and Restated as of July 13, 2020 (Filed With SEC on August 10, 2020)

Indemnification Agreement among Empire State Realty Trust, Inc. and Christina Chiu, dated April 20, 2020 (Filed With SEC on May 6, 2020)

Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Christina Chiu, dated April 13, 2020 (Filed With SEC on May 6, 2020)

Description of Empire State Realty Trust, Inc. Securities Registered Under Section 12 of the Securities Exchange Act of 1934 (Filed With SEC on February 28, 2020)

First Amendment, dated as of October 5, 2018, to the Amended and Restated Employment Agreement between Empire State Realty Trust, Inc. and Anthony E. Malkin, dated April 5, 2016 (Filed With SEC on November 6, 2018)

Form of Empire State Realty Trust, Inc. Independent Director Indemnification Agreement (Filed With SEC on February 28, 2018)

Note Purchase Agreement, dated December 13, 2017, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein (Filed With SEC on December 14, 2017)

SECURITIES PURCHASE AGREEMENT BETWEEN EMPIRE STATEREALTY TRUST, INC. AND Q REIT HOLDING LLC Dated as of August 23, 2016 TABLE OF CONTENTS (Filed With SEC on August 23, 2016)

STOCKHOLDERS AGREEMENT BETWEEN EMPIRE STATEREALTY TRUST, INC. AND Q REIT HOLDING LLC Dated as of August 23, 2016 TABLE OF CONTENTS (Filed With SEC on August 23, 2016)

REGISTRATION RIGHTS AGREEMENT BETWEEN EMPIRE STATEREALTY TRUST, INC. AND Q REIT HOLDING LLC Dated as of August 23, 2016 TABLE OF CONTENTS (Filed With SEC on August 23, 2016)

FIRST AMENDED AND RESTATED EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (As Amended and Restated as of April 4, 2016) 1.Purpose. (Filed With SEC on May 5, 2016)

Exhibit 10.32 AMENDED AND RESTATED EMPLOYMENT AGREEMENT (Filed With SEC on May 5, 2016)

Exhibit 10.33 AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

Exhibit 10.35 AMENDED AND RESTATED CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on May 5, 2016)

EMPIRE STATE REALTY OP, L.P. EMPIRE STATE REALTY TRUST, INC. $100,000,000 3.93% Series A Senior Notes due March 27, 2025 $125,000,000 4.09% Series B Senior Notes due March 27,... (Filed With SEC on March 30, 2015)

Exhibit 10.36 CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on February 27, 2015)

THIRD AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on November 10, 2014)

AMENDMENT NO. 1 TO FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE STATE REALTYOP, L.P. August 26, 2014 (Filed With SEC on August 26, 2014)

EMPIRE STATE REALTY OP, L.P., as Issuer EMPIRE STATE REALTY TRUST, INC., as Company WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of August 12, 2014... (Filed With SEC on August 12, 2014)

EMPIRE STATE REALTY OP, L.P. 2.625% Exchangeable Senior Notes due 2019 Registration Rights Agreement (Filed With SEC on August 12, 2014)

FIRST AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on August 5, 2014)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on July 21, 2014)

SECOND AMENDMENT TO CREDIT AGREEMENT (Filed With SEC on May 22, 2014)

FORM OF PERFORMANCE-BASED VESTING RESTRICTED STOCK AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF TIME-BASED VESTING RESTRICTED STOCK AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF PERFORMANCE-BASED VESTING LTIP UNIT VESTING AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FORM OF TIME-BASED VESTING LTIP UNIT VESTING AGREEMENT UNDER THE EMPIRE STATE REALTY TRUST, INC. EMPIRE STATE REALTY OP, L.P. 2013 EQUITY INCENTIVE PLAN (Filed With SEC on March 24, 2014)

FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE STATE REALTY OP, L.P. a Delaware limited partnership (Filed With SEC on November 12, 2013)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on November 12, 2013)

TAX PROTECTION AGREEMENT (Filed With SEC on November 12, 2013)

INDEMNIFICATION AGREEMENT (Filed With SEC on November 12, 2013)

EMPLOYMENT AGREEMENT (Filed With SEC on November 12, 2013)

CHANGE IN CONTROL SEVERANCE AGREEMENT (Filed With SEC on November 12, 2013)

FORM OF FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE STATEREALTY OP, L.P. a Delaware limited partnership THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN... (Filed With SEC on February 13, 2012)

REGISTRATION RIGHTS AGREEMENT (Filed With SEC on February 13, 2012)

TAX PROTECTION AGREEMENT (Filed With SEC on February 13, 2012)

CONTRIBUTION AGREEMENT by and among Empire Realty Trust, L.P., Empire Realty Trust, Inc. and the persons and entities included in the Malkin Family Group listed on the signature... (Filed With SEC on February 13, 2012)

CONTRIBUTION AGREEMENT by and among Empire Realty Trust, L.P., Empire Realty Trust, Inc. and the entities affiliated with the Helmsley Estate listed on the signature pages hereto... (Filed With SEC on February 13, 2012)

CONTRIBUTION AGREEMENT by and among [Private Entity], Empire Realty Trust, L.P. and Empire Realty Trust, Inc. Dated as of [ ], 2011 TABLE OF CONTENTS (Filed With SEC on February 13, 2012)

AGREEMENT AND PLAN OF MERGER by and among [MANAGEMENT COMPANY], Empire Realty Trust, L.P. and Empire Realty Trust, Inc. Dated as of November 28, 2011 TABLE OF CONTENTS (Filed With SEC on February 13, 2012)

REPRESENTATION, WARRANTY AND INDEMNITY AGREEMENT by and among Empire Realty Trust, Inc., Empire Realty Trust, L.P. and the Principals named herein Dated as of November 28, 2011... (Filed With SEC on February 13, 2012)

OPTION AGREEMENT (Filed With SEC on February 13, 2012)

LOAN AGREEMENT Dated as of July 26, 2011 Between EMPIRE STATE LAND ASSOCIATES L.L.C. and EMPIRE STATE BUILDING ASSOCIATES L.L.C., collectively, as Borrower and HSBC BANK USA,... (Filed With SEC on February 13, 2012)

FIRST AMENDMENT TO LOANAGREEMENT, RATIFICATION OF LOAN DOCUMENTS AND OMNIBUS AMENDMENT Dated as of November 2, 2011 Between EMPIRE STATE LAND ASSOCIATES L.L.C. and EMPIRE STATE... (Filed With SEC on February 13, 2012)

SECOND AMENDMENT TO LOANAGREEMENT, RATIFICATION OF LOAN DOCUMENTS AND OMNIBUS AMENDMENT Dated as of November , 2011 Between EMPIRE STATE LAND ASSOCIATES L.L.C. and EMPIRE STATE... (Filed With SEC on February 13, 2012)

FORM OF NOTE REPLACEMENT PROMISSORY NOTE A-1 (Filed With SEC on February 13, 2012)

EMPIRE STATE LAND ASSOCIATESL.L.C., and EMPIRE STATE BUILDING ASSOCIATES L.L.C., collectively, as mortgagor (Mortgagor) to HSBC BANK USA, NATIONAL ASSOCIATION, as Agent, as... (Filed With SEC on February 13, 2012)