VIVMARK RESIDENTIAL
For the period ended Sep 30, 2026. Filed Nov 9, 2026.
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A company's report for each of its first three quarters. The financial statements are not audited. It shows how the business has moved since the last annual report, and what management says changed.
Sep 30, 2026 · Filed Nov 9, 2026
VMRK$66.14+1.0%Stored close · as of Nov 9, 2026
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Item 6. Exhibits
Item 6. Exhibits– See the Exhibit Index.
EXHIBIT INDEX
The exhibits listed below are filed as part of this report. References to exhibits or other filings under the caption “Location” indicate that the exhibit or other filing has been filed, that the indexed exhibit and the exhibit referred to are the same and that the exhibit referred to is incorporated by reference. The Commission file numbers for our Exchange Act filings referenced below are 1-12252 (Vivmark Residential) and 0-24920 (ERP Operating Limited Partnership).
| Exhibit | Description | Location |
| 3.1 | Articles of Amendment to the Declaration of Trust of Vivmark Residential. | Included as Exhibit 3.1 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 3.2 | Composite restatement of Declaration of Trust of Vivmark Residential reflects the provisions of the Articles of Restatement of Vivmark Residential, dated December 9, 2004, as amended by the Articles of Amendment, dated August 17, 2026. | Attached herein. |
| 3.3 | Tenth Amended and Restated Bylaws of Vivmark Residential. | Included as Exhibit 3.2 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.1 | Form of 4.950% Note due October 1, 2031. | Included as Exhibit 4.1 to Equity Residential's and ERP Operating Limited Partnership's Form 8-K dated August 4, 2026, filed on August 6, 2026. |
| 4.2 | Form of 5.450% Note due October 1, 2036. | Included as Exhibit 4.2 to Equity Residential's and ERP Operating Limited Partnership's Form 8-K dated August 4, 2026, filed on August 6, 2026. |
| 4.3 | Sixth Supplemental Indenture, dated as of August 17, 2026, by and among Canopy Merger Sub LLC, ERP Operating Limited Partnership and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.1 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.4 | Third Supplemental Indenture, dated as of August 17, 2026, by and among Canopy Merger Sub LLC, ERP Operating Limited Partnership and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.2 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.5 | Fourth Supplemental Indenture, dated as of August 17, 2026, by and among Canopy Merger Sub LLC, ERP Operating Limited Partnership and U.S. Bank Trust Company, National Association, as trustee. | Included as Exhibit 4.3 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.6 | Indenture for Senior Debt Securities, dated as of January 16, 1998, between AvalonBay and State Street Bank and Trust Company, as trustee. | Included as Exhibit 4.4 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.7 | Amended and Restated Third Supplemental Indenture, dated as of July 10, 2000 between AvalonBay Communities, Inc. and State Street Bank and Trust Company, as trustee. | Included as Exhibit 4.5 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.8 | Fourth Supplemental Indenture, dated as of September 18, 2006, between AvalonBay Communities, Inc. and U.S. Bank National Association, as trustee. | Included as Exhibit 4.6 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.9 | Fifth Supplemental Indenture, dated as of November 21, 2014, between AvalonBay Communities, Inc. and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.7 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.10 | Indenture for Debt Securities, dated as of February 23, 2018, between AvalonBay Communities, Inc. and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.8 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.11 | First Supplemental Indenture, dated as of March 26, 2018, between AvalonBay Communities, Inc. and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.9 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.12 | Second Supplemental Indenture, dated as of May 29, 2018, between AvalonBay Communities, Inc. and The Bank of New York Mellon, as trustee. | Included as Exhibit 4.10 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated |
| and filed on August 17, 2026. | ||
| 4.13 | Indenture for Debt Securities, dated as of February 23, 2024, between AvalonBay Communities, Inc. and U.S. Bank Trust Company, National Association, as trustee. | Included as Exhibit 4.11 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.14 | First Supplemental Indenture, dated as of May 14, 2024, between AvalonBay Communities, Inc. and U.S. Bank Trust Company, National Association, as trustee, including the form of 5.350% senior notes due 2034. | Included as Exhibit 4.12 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.15 | Second Supplemental Indenture, dated as of July 10, 2025, between AvalonBay Communities, Inc. and U.S. Bank Trust Company, National Association, as trustee, including the form of 5.000% senior notes due 2035. | Included as Exhibit 4.13 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 4.16 | Third Supplemental Indenture, dated as of December 1, 2025, between AvalonBay Communities, Inc. and U.S. Bank Trust Company, National Association, as trustee, including the form of 4.350% senior notes due 2030. | Included as Exhibit 4.14 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 10.1* | Amendment No. 2 to Seventh Amended and Restated Revolving Loan Agreement, dated as of August 17, 2026, among AvalonBay Communities, Inc., ERP Operating Limited Partnership, Bank of America, N.A., as administrative agent, and the lenders party thereto. | Included as Exhibit 10.1 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 10.2* | Amendment No. 2 to Term Loan Agreement, dated as of August 17, 2026, among AvalonBay Communities, Inc., ERP Operating Limited Partnership, Truist Bank, as administrative agent, and the lenders party thereto. | Included as Exhibit 10.2 to Vivmark Residential's and ERP Operating Limited Partnership's Form 8-K dated and filed on August 17, 2026. |
| 10.3 | Form of Executive Retention Award Agreement. | Attached herein. |
| 10.4 | AvalonBay Communities, Inc. 2026 Equity Incentive Plan. | Included as Exhibit 4.4 to Vivmark Residential's Form S-8 filed on August 17, 2026. |
| 10.5 | AvalonBay Communities, Inc. Second Amended and Restated 2009 Equity Incentive Plan. | Included as Exhibit 4.5 to Vivmark Residential's Form S-8 filed on August 17, 2026. |
| 10.6 | Amended and Restated AvalonBay Communities, Inc. Deferred Compensation Plan, effective as of January 1, 2011. | Included as Exhibit 4.6 to Vivmark Residential's Form S-8 filed on August 17, 2026. |
| 10.7 | First Amendment to Amended and Restated AvalonBay Communities, Inc. Deferred Compensation Plan, effective as of November 7, 2011. | Included as Exhibit 4.7 to Vivmark Residential's Form S-8 filed on August 17, 2026. |
| 10.8 | Second Amendment to Amended and Restated AvalonBay Communities, Inc. Deferred Compensation Plan, effective as of November 15, 2012. | Included as Exhibit 4.8 to Vivmark Residential's Form S-8 filed on August 17, 2026. |
| 31.1 | Vivmark Residential – Certification of Benjamin W. Schall, Chief Executive Officer. | Attached herein. |
| 31.2 | Vivmark Residential – Certification of Kevin P. O'Shea, Chief Financial Officer. | Attached herein. |
| 31.3 | ERP Operating Limited Partnership – Certification of Benjamin W. Schall, Chief Executive Officer of Registrant’s General Partner. | Attached herein. |
| 31.4 | ERP Operating Limited Partnership – Certification of Kevin P. O'Shea, Chief Financial Officer of Registrant’s General Partner. | Attached herein. |
| 32.1 | Vivmark Residential – Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, of Benjamin W. Schall, Chief Executive Officer of the Company. | Attached herein. |
| 32.2 | Vivmark Residential – Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, of Kevin P. O'Shea, Chief Financial Officer of the Company. | Attached herein. |
| 32.3 | ERP Operating Limited Partnership – Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, of Benjamin W. Schall, Chief Executive Officer of Registrant’s General Partner. | Attached herein. |
| 32.4 | ERP Operating Limited Partnership – Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act | Attached herein. |
| of 2002, of Kevin P. O'Shea, Chief Financial Officer of Registrant’s General Partner. | |
| 101.INS | Inline XBRL Instance Document – the instance document does not appear in the Interactive Data File because XBRL tags are embedded within the Inline XBRL document. |
| 101.SCH | Inline XBRL Taxonomy Extension Schema With Embedded Linkbase Documents. |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
*Pursuant to Item 601(a)(5) of Regulation S-K, certain schedules and exhibits have been omitted. The registrants hereby agree to furnish a copy of any omitted schedule or exhibit to the SEC upon request by the SEC.
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