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SEC Company Response from AGREE REALTY CORP (ADC, ADC-PA) (CIK 0000917251) (ADC) — Nov 13, 2009

AGREE REALTY CORP (ADC, ADC-PA) (CIK 0000917251)
Date: Nov. 13, 2009 · CIK: 0000917251 · Accession: 0001144204-09-058675

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File numbers found in text: 333-161520

Date
Nov. 13, 2009
Author
Kenneth R. Howe
Form
CORRESP
Company
AGREE REALTY CORP (ADC, ADC-PA) (CIK 0000917251)

Letter

Unassociated Document

AGREE REALTY CORPORATION

Northwestern Highway

Farmington Hills, Michigan 48334

November 13, 2009

VIA EDGAR AND FACSIMILE

Securities and Exchange Commission

Division of Corporation Finance

100 F Street NE

Mail Stop

Washington, DC 20549

Attn:

Ms. Karen J. Garnett

Re:

Agree Realty Corporation (the “Company”)

Registration Statement on Form S-3

File No. 333-161520

Ladies and Gentlemen:

The Company hereby requests that the effective date for the Registration Statement referred to above be accelerated so that it will be declared effective at 3:00 p.m. on November 16, 2009, or as soon as practicable thereafter, pursuant to Rule 461 of the Securities Act of 1933, as amended.

The Company confirms that no revisions were needed to be made to the Registration Statement to reflect responses to the Commission’s comments issued related to the Company’s periodic reports.

The Company acknowledges that (i) should the Commission or the staff of the Commission, acting pursuant to delegated authority, declare the filing effective, such declaration does not foreclose the Commission from taking any action with respect to the filing; (ii) the action of the Commission or the staff of the Commission, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the Company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and (iii) the Company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.

Please contact Jeffrey M. Sullivan of DLA Piper LLP (US) with any questions or comments at (919) 786-2003. Thank you for your assistance with this filing.

/s/ Kenneth R. Howe

Name:

Kenneth R. Howe

Title:

Vice President, Finance and Secretary

Show Raw Text
CORRESP
1
filename1.htm

    Unassociated Document

      AGREE
REALTY CORPORATION

      31850
Northwestern Highway

      Farmington
Hills, Michigan  48334

      November
13, 2009

      VIA
EDGAR AND FACSIMILE

      Securities
and Exchange Commission

      Division
of Corporation Finance

      100 F Street NE

      Mail Stop
4561

      Washington,
DC 20549

                Attn:

                Ms.
      Karen J. Garnett

                Re:

                Agree
      Realty Corporation (the “Company”)

      Registration Statement on Form
S-3

      File No. 333-161520

      Ladies
and Gentlemen:

      The Company hereby requests that the
effective date for the Registration Statement referred to above be accelerated
so that it will be declared effective at 3:00 p.m. on November 16, 2009, or as
soon as practicable thereafter, pursuant to Rule 461 of the Securities Act of
1933, as amended.

      The
Company confirms that no revisions were needed to be made to the Registration
Statement to reflect responses to the Commission’s comments issued related to
the Company’s periodic reports.

      The Company acknowledges that (i)
should the Commission or the staff of the Commission, acting pursuant to
delegated authority, declare the filing effective, such declaration does not
foreclose the Commission from taking any action with respect to the filing; (ii)
the action of the Commission or the staff of the Commission, acting pursuant to
delegated authority, in declaring the filing effective, does not relieve the
Company from its full responsibility for the adequacy and accuracy of the
disclosure in the filing; and (iii) the Company may not assert staff comments
and the declaration of effectiveness as a defense in any proceeding initiated by
the Commission or any person under the federal securities laws of the United
States.

      Please
contact Jeffrey M. Sullivan of DLA Piper LLP (US) with any questions or comments
at (919) 786-2003.  Thank you for your assistance with this
filing.

                /s/ Kenneth R. Howe

                Name:

                Kenneth
      R. Howe

                Title:

                Vice
      President, Finance and Secretary