EMPIRE STATE REALTY TRUST, INC. Material Contracts
Every material contract the company filed as Exhibit 10 (executive pay plans, credit agreements, supplier and indemnity agreements), newest first, with the filing's own description.
- 2026-07-17: Form 8-K; Exhibit 10.1; Description First Amendment to the Amended and Restated Credit Agreement, dated July 17, 2026, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Wells Fargo Bank, National Association, as administrative agent, the subsidiary guarantors thereto and the lenders party thereto..
- 2026-04-15: Form 8-K; Exhibit 10.1; Description Note Purchase Agreement, dated April 15, 2026, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein..
- 2025-11-17: Form 8-K; Exhibit 10.1; Description Amended and Restated Credit Agreement, dated November 14, 2025, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Wells Fargo Bank, National Association, as administrative agent and the lenders party thereto..
- 2025-10-16: Form 8-K; Exhibit 10.1; Description Note Purchase Agreement, dated October 15, 2025, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein..
| Filed | Form | Exhibit | Description |
|---|---|---|---|
| 2026-07-17 | 8-K | 10.1 | First Amendment to the Amended and Restated Credit Agreement, dated July 17, 2026, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Wells Fargo Bank, National Association, as administrative agent, the subsidiary guarantors thereto and the lenders party thereto. |
| 2026-04-15 | 8-K | 10.1 | Note Purchase Agreement, dated April 15, 2026, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2025-11-17 | 8-K | 10.1 | Amended and Restated Credit Agreement, dated November 14, 2025, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Wells Fargo Bank, National Association, as administrative agent and the lenders party thereto. |
| 2025-10-16 | 8-K | 10.1 | Note Purchase Agreement, dated October 15, 2025, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2025-09-22 | 8-K | 10.1 | Transition Agreement, dated September 19, 2025, by and between Empire State Realty OP, L.P. and Thomas P. Durels. |
| 2025-08-06 | 10-Q | 10.1 | First Amendment to Credit Agreement, dated May 28, 2025, 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. |
| 2024-12-12 | 8-K | 10.2 | Employment Agreement |
| 2024-12-12 | 8-K | 10.1 | First Amendment to Third Amended and Restated Employment Agreement |
| 2024-09-23 | 8-K | 10.1 | Third Amended and Restated Employment Agreement |
| 2024-05-07 | 10-Q | 10.2 | 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. |
| 2024-05-07 | 10-Q | 10.1 | 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. |
| 2024-04-11 | 8-K | 10.1 | Note Purchase Agreement, dated April 10, 2024, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2024-03-13 | 8-K | 10.2 | 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. |
| 2024-03-13 | 8-K | 10.1 | 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. |
| 2024-02-28 | 10-K | 10.21 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Stephen V. Horn, dated February 20, 2024. |
| 2024-02-28 | 10-K | 10.20 | Indemnification Agreement among Empire State Realty Trust, Inc. and Stephen V. Horn, dated February 20, 2024. |
| 2022-11-03 | 10-Q | 10.63 | Third Amendment, dated as of August 29, 2022, to that certain Amended and Restated Credit Agreement, dated August 29, 2017, among Empire State Realty Trust, Inc., Empire State Realty OP, L.P. , the subsidiary guarantors party thereto, the lenders party thereto, and Bank of America, N.A. , as administrative agent. |
| 2022-11-03 | 10-Q | 10.62 | Second Amendment, dated as of August 29, 2022, to that certain Credit Agreement, dated as of March 19, 2020, among Empire State Realty Trust, Inc., Empire State Realty OP, L.P., the subsidiary guarantors party thereto, the lenders party thereto, and Wells Fargo Bank, National Association, as administrative agent. |
| 2021-10-08 | 8-K | 10.1 | Second Amended and Restated Employment Agreement |
| 2021-08-05 | 10-Q | 10.4 | Form of LTIP Agreement (Director, Time-Based) |
| 2021-08-05 | 10-Q | 10.3 | Form of LTIP Agreement (Executive Officer or Director, Immediate Vest) |
| 2021-08-05 | 10-Q | 10.2 | Form of LTIP Agreement (Executive Officer, Performance Based) |
| 2021-08-05 | 10-Q | 10.1 | Form of LTIP Agreement (Executive Officer, Time Based) |
| 2021-04-01 | 8-K | 10.1 | Second Amendment to Credit Agreement, dated March 31, 2021, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., the subsidiary guarantor parties thereto, Bank of America, N.A., as administrative agent, and the lenders and letter of credit issuers party thereto. |
| 2020-08-10 | 10-Q | 10.6 | 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. |
| 2020-05-06 | 10-Q | 10.5 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Christina Chiu, dated April 13, 2020. |
| 2020-05-06 | 10-Q | 10.4 | Indemnification Agreement among Empire State Realty Trust, Inc. and Christina Chiu, dated April 20, 2020. |
| 2020-03-23 | 8-K | 10.3 | First Amendment to Credit Agreement, dated March 19, 2020, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., the subsidiary guarantor parties thereto, Bank of America, N.A., as administrative agent, and Bank of America, Wells Fargo Bank, National Association and Capital One, National Association as the letter of credit issuers party thereto, and the lenders party thereto. |
| 2020-03-23 | 8-K | 10.2 | Credit Agreement, dated March 19, 2020, among Empire State Realty OP, L.P., as borrower, Empire State Realty Trust, Inc., Wells Fargo Bank, National Association, as administrative agent, Wells Fargo Securities, LLC as sole bookrunner, Wells Fargo Securities, LLC, Capital One, National Association, U.S. Bank National Association and SunTrust Robinson Humphrey, Inc. as Joint Lead Arrangers, Capital One, National Association, as syndication agent, U.S. Bank National Association and Truist Bank, as documentation agents, and the lenders party thereto. |
| 2020-03-23 | 8-K | 10.1 | Note Purchase Agreement, dated March 17, 2020, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2019-12-12 | 8-K | 10.1 | Amendment No. 2 to the First Amended and Restated Agreement of Limited Partnership of Empire State Realty OP, L.P., dated December 6, 2019. |
| 2018-11-06 | 10-Q | 10.45 | 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. |
| 2018-02-28 | 10-K | 10.22 | Form of Empire State Realty Trust, Inc. Independent Director Indemnification Agreement. |
| 2017-12-14 | 8-K | 10.1 | Note Purchase Agreement, dated December 13, 2017, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2017-09-05 | 8-K | 10.1 | Amended and Restated Credit Agreement, dated August 29, 2017, among the Company, the Operating Partnership, as borrower, Bank of America, N.A., as administrative agent, Merrill Lynch, Pierce, Fenner & Smith Incorporated and Wells Fargo Securities, LLC as Joint Lead Arrangers and Joint Bookrunners, Wells Fargo, National Association and Capital One, National Association, as co-syndication agents, and the lenders party thereto |
| 2016-08-23 | 8-K | 10.2 | Registration Rights Agreement dated as of August 23, 2016 by and between Empire State Realty Trust, Inc. and Q REIT Holding LLC. |
| 2016-08-23 | 8-K | 10.1 | Stockholders Agreement dated as of August 23, 2016 by and between Empire State Realty Trust, Inc. and Q REIT Holding LLC. |
| 2016-05-05 | 10-Q | 10.35 | Amended and Restated Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Thomas P. Durels, dated April 5, 2016. |
| 2016-05-05 | 10-Q | 10.34 | Amended and Restated Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Thomas N. Keltner, Jr., dated April 5, 2016. |
| 2016-05-05 | 10-Q | 10.33 | Amended and Restated Change in Control Severance Agreement between Empire State Realty Trust, Inc. and David A. Karp, dated April 5, 2016. |
| 2016-05-05 | 10-Q | 10.32 | Amended and Restated Employment Agreement between Empire State Realty Trust, Inc. and Anthony E. Malkin, dated April 5, 2016. |
| 2016-05-05 | 10-Q | 10.10 | 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). |
| 2015-08-25 | 8-K | 10.1 | Term Loan Agreement, dated August 24, 2015, among the Company, the Operating Partnership, as borrower, Wells Fargo Bank, National Association, as administrative agent, the lenders party thereto, Capital One, National Association, as syndication agent, and PNC Bank, National Association, as documentation agent. |
| 2015-03-30 | 8-K | 10.1 | Note Purchase Agreement, dated March 27, 2015, among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and the purchasers named therein. |
| 2015-02-27 | 10-K | 10.37 | Credit Agreement (Unsecured Revolving Credit Facility) dated January 23, 2015 among Empire State Realty OP, L.P., ESRT Empire State Building, L.L.C., Empire State Realty Trust, Inc., the subsidiaries of Empire State Realty OP, L.P. from time to time party thereto, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Bank USA and the other lenders party thereto. |
| 2015-02-27 | 10-K | 10.36 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and John B. Kessler, dated February 1, 2015. |
| 2015-02-27 | 10-K | 10.31 | Indemnification Agreement among Empire State Realty Trust, Inc. and James D. Robinson IV, dated December 23, 2014. |
| 2015-02-27 | 10-K | 10.24 | Indemnification Agreement among Empire State Realty Trust, Inc. and John B. Kessler, dated February 1, 2015. |
| 2014-11-10 | 10-Q | 10.4 | Third Amendment to Credit Agreement (Secured Revolving and Term Credit Facility) dated October 7, 2013 among Empire State Realty OP, L.P., ESRT Empire State Building, L.L.C., Empire State Realty Trust, Inc., the subsidiaries of Empire State Realty OP, L.P. from time to time party thereto, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Bank USA and the other lenders party thereto. |
| 2014-08-26 | 8-K | 10.1 | Amendment No. 1 to the First Amended and Restated Agreement of Limited Partnership of Empire State Realty OP, L.P., dated August 26, 2014. |
| 2014-08-12 | 8-K | 10.1 | Registration Rights Agreement, dated August 12, 2014, by and among Empire State Realty OP, L.P., Empire State Realty Trust, Inc. and Goldman, Sachs & Co. |
| 2014-08-05 | 10-Q | 10.1 | First Amendment to Credit Agreement (Secured Revolving and Term Credit Facility) dated October 7, 2013 among Empire State Realty OP, L.P., ESRT Empire State Building, L.L.C., Empire State Realty Trust, Inc., the subsidiaries of Empire State Realty OP, L.P. from time to time party thereto, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Bank USA and the other lenders party thereto. |
| 2014-07-21 | 8-K | 10.4 | Registration Rights Agreement among Empire State Realty Trust, Inc. and the persons named therein, dated July 15, 2014. |
| 2014-05-22 | 8-K | 10.1 | Second Amendment to Credit Agreement (Secured Revolving and Term Credit Facility) dated October 7, 2013 among Empire State Realty OP, L.P., ESRT Empire State Building, L.L.C., Empire State Realty Trust, Inc., the subsidiaries of Empire State Realty OP, L.P. from time to time party thereto, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Bank USA and the other lenders party thereto. |
| 2014-03-24 | 10-K | 10.14 | Form of LTIP Agreement (Time-Based) |
| 2014-03-24 | 10-K | 10.13 | Form of LTIP Agreement (Performance-Based) |
| 2014-03-24 | 10-K | 10.12 | Form of Restricted Stock Agreement (Time-Based) |
| 2014-03-24 | 10-K | 10.11 | Form of Restricted Stock Agreement (Performance-Based) |
| 2013-11-12 | 10-Q | 10.19 | Secured Revolving and Term Credit Facility dated October 7, 2013 among Empire State Realty OP, L.P., ESRT Empire State Building, L.L.C., Empire State Realty Trust, Inc., the subsidiaries of Empire State Realty OP, L.P. from time to time party thereto, Bank of America, N.A., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman Sachs Bank USA and the other lenders party thereto. (1) |
| 2013-11-12 | 10-Q | 10.18 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Thomas P. Durels, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.17 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and Thomas N. Keltner, Jr., dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.16 | Change in Control Severance Agreement between Empire State Realty Trust, Inc. and David A. Karp, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.15 | Employment Agreement between Empire State Realty Trust, Inc. and Anthony E. Malkin, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.14 | Indemnification Agreement among Empire State Realty Trust, Inc. and Lawrence E. Golub, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.13 | Indemnification Agreement among Empire State Realty Trust, Inc. and S. Michael Giliberto, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.12 | Indemnification Agreement among Empire State Realty Trust, Inc. and Steven J. Gilbert, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.11 | Indemnification Agreement among Empire State Realty Trust, Inc. and Thomas J. DeRosa, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.10 | Indemnification Agreement among Empire State Realty Trust, Inc. and Alice M. Connell, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.9 | Indemnification Agreement among Empire State Realty Trust, Inc. and William H. Berkman, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.8 | Indemnification Agreement among Empire State Realty Trust, Inc. and Thomas N. Keltner, Jr. , dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.7 | Indemnification Agreement among Empire State Realty Trust, Inc. and Thomas P. Durels, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.6 | Indemnification Agreement among Empire State Realty Trust, Inc. and David A. Karp, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.5 | Indemnification Agreement among Empire State Realty Trust, Inc. and Anthony E. Malkin, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.4 | Indemnification Agreement among Empire State Realty Trust, Inc. and Peter L. Malkin, dated October 7 2013. (1) |
| 2013-11-12 | 10-Q | 10.3 | Tax Protection Agreement among Empire State Realty Trust, Inc., Empire State Realty OP, L.P., and the parties named therein, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.2 | Registration Rights Agreement among Empire State Realty Trust, Inc. and the persons named therein, dated October 7, 2013. (1) |
| 2013-11-12 | 10-Q | 10.1 | Amended and Restated Agreement of Limited Partnership of Empire State Realty OP, L.P., dated October 1, 2013. (1) |