Termination Letter to Amended and Restated Equity Offering Sales Agreement by One Liberty Properties, Inc., D.A. Davidson & Co., and B. Riley Securities, Inc.

Summary

This letter agreement, dated March 18, 2022, confirms that D.A. Davidson & Co. is no longer acting as an agent under the Amended and Restated Equity Offering Sales Agreement with One Liberty Properties, Inc. and B. Riley Securities, Inc., effective as of 5:00 pm EDT on the same date. Davidson's rights and obligations under certain sections of the agreement remain in effect, but otherwise, the agreement continues in force for the remaining parties. The letter is signed by representatives of all involved parties.

EX-1.1 2 ny20003415x2_ex1-1.htm EXHIBIT 1.1

Exhibit 1.1

March 18, 2022

D.A. Davidson & Co.

8 Third Street North

Great Falls, MT 59401

Attention: Equity Syndicate Department

Fax No.: (406) 791-7357

B. Riley Securities, Inc.

299 Park Avenue, 21st Floor

New York, NY 10171

Attention: General Counsel

Fax No.: (212) 457-9947

Re: Amended and Restated Equity Offering Sales Agreement dated August 19,

2020 (the “Agreement”) between One Liberty Properties, Inc. and D.A. Davidson

& Co. (“Davidson”) and B. Riley Securities, Inc. (“Riley”)

Ladies and Gentlemen:

The parties hereto agree that Davidson is, as of 5:00 pm EDT on the date hereof (the “Effective Time”), no longer acting as an Agent and its rights and obligations under this Agreement have terminated, other than those arising prior to the Effective Time, and other than its rights and obligations with respect to Sections 1, 5, 7 and 8, which shall remain in full force and effect notwithstanding such termination. Notwithstanding the foregoing, the Agreement continues in full force and effect with respect to the other parties thereto. Capitalized terms used without being defined herein shall have the meaning ascribed to such terms by the Agreement.

Sincerely,

One Liberty Properties, Inc.

By:
	David W. Kalish, Chief Financial
	Office and Senior Vice President

	D.A. Davidson & Co.		B. Riley Securities, Inc.

By:
	Name:	By:	Name:
	Title:		Title:

DWK/sc

(22/olp/olp atm/Davidson B Riley termination)

cc:	D.A. Davidson & Co B. Riley Securities, Inc. Patrick J. Callan, Jr.