8-KMaterial AgreementsExhibits & Filings

AVALONBAY COMMUNITIES INC 8-K Report, Material Agreement (May 6, 2019)

Filed May 6, 2019For Securities:AVB

Summary

AvalonBay Communities, Inc. (AVB) announced on May 6, 2019, the execution of new sales agency financing agreements and master forward sale confirmations. These agreements allow the company to offer and sell up to $1 billion of its common stock from time to time through an expanded group of sales agents. This move updates and increases the offering capacity compared to prior agreements from December 2015. The company has also entered into forward sale agreements, which involve a mechanism where forward purchasers borrow and sell AVB's shares, with AVB expecting to settle these agreements later. This flexible financing structure allows AVB to manage its capital needs, potentially receiving proceeds from stock sales over time, while also providing avenues for debt-like financing through forward sales. The sales agents will offer shares at prevailing market prices, with commissions not exceeding 1.50% of the sales price.

Key Highlights

  • 1AVB entered into new sales agency financing agreements with multiple financial institutions, including J.P. Morgan, Barclays, and Goldman Sachs.
  • 2The company has the flexibility to offer and sell up to $1,000,000,000 of its common stock through these agreements.
  • 3New agreements replace and expand upon prior arrangements from December 2015, updating the group of sales agents.
  • 4AVB can utilize forward sale agreements, allowing forward purchasers to borrow and sell AVB shares.
  • 5The company expects to receive net cash proceeds from the eventual settlement of forward sale agreements, although cash or share settlements are also possible.
  • 6Commissions paid to sales agents and forward sellers will not exceed 1.50% of the sales price.
  • 7Shares will be offered at prevailing market prices at the time of sale.

Frequently Asked Questions

The primary purpose is to modify and expand the group of sales agents through which AvalonBay Communities, Inc. can offer and sell its common stock, while also resizing the offering amount to up to $1,000,000,000. This provides AVB with a flexible platform for capital raising.

For direct sales through sales agents, AVB will receive proceeds at the time of sale. For forward sale agreements, AVB expects to receive net cash proceeds upon full physical settlement of the agreements, typically on dates specified by the company before the maturity date. However, AVB may also elect cash or net share settlement, which could result in no proceeds received or an obligation to pay cash or shares.

The aggregate sales price of shares sold through the sales agents, whether directly or under forward sale agreements, will not exceed $1,000,000,000.

Commissions paid to sales agents and forward sellers will not exceed, but may be lower than, 1.50% of the sales price of the shares sold.