Exhibit 3.70
VORNADO REALTY TRUST
ARTICLES OF AMENDMENT OF DECLARATION OF TRUST
THIS IS TO CERTIFY THAT:
FIRST: The Amended and Restated Declaration of Trust, as amended (the “Declaration of Trust”), of Vornado Realty Trust, a Maryland real estate investment trust (the “Trust”), is hereby amended by deleting Article VI, Section 6.1 of the Declaration of Trust in its entirety and replacing it with the following:
“Section 6.1 Authorized Shares. The total number of shares of beneficial interest which the Trust is authorized to issue is 720,000,000 shares, of which 110,000,000 shall be preferred shares of beneficial interest, no par value per share (“Preferred Stock”) (including 83,977 $3.25 Series A Convertible Preferred Shares of Beneficial Interest, liquidation preference $50.00 per share; 4,800,000 Series D-10 7.00% Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 1,400,000 Series D-11 7.20% Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 800,000 Series D-12 6.55% Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 4,000,000 6.75% Series D-14 Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 1,800,000 6.875% Series D-15 Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 3,000,000 7.00% Series E Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 6,000,000 6.75% Series F Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 8,000,000 6.625% Series G Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; 4,500,000 6.750% Series H Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share; and 10,800,000 6.625% Series I Cumulative Redeemable Preferred Shares of Beneficial Interest, liquidation preference $25.00 per share); 250,000,000 shares shall be common shares of beneficial interest, $.04 par value per share (“Common Stock”), and 360,000,000 shares shall be excess shares of beneficial interest, $.04 par value per share (“Excess Stock”).”
SECOND: The foregoing amendment has been approved by the Board of Trustees of the Trust as required by Section 8-203(a)(7) of the Maryland REIT Law and Article IX, Section 9.1(b) of the Declaration of Trust.
THIRD: The total number of shares of beneficial interest which the Trust had authority to issue immediately prior to this amendment was 620,000,000, consisting of 200,000,000 common shares of beneficial interest, $.04 par value per share, 110,000,000 preferred shares of beneficial interest, no par value per share, and 310,000,000 excess shares of beneficial interest, $.04 par value per share. The aggregate par value of all authorized shares of beneficial interest having par value was $20,400,000.
FOURTH: The number of shares of beneficial interest which the Trust has authority to issue pursuant to the foregoing amendment is 720,000,000, consisting of 250,000,000 common shares of beneficial interest, $.04 par value per share, 110,000,000 preferred shares of beneficial interest, no par value per share, and 360,000,000 excess shares of beneficial interest, $.04 par value per share. The aggregate par value of all authorized shares of beneficial interest having par value is $24,400,000.
FIFTH: The undersigned Executive Vice President – Finance and Administration and Chief Financial Officer of the Trust acknowledges these Articles of Amendment to be the trust act of the Trust and, as to all matters or facts required to be verified under oath, the undersigned Executive Vice President – Finance and Administration and Chief Financial Officer acknowledges that to the best of his knowledge, information and belief, these matters and facts are true in all material respects and that this statement is made under the penalties for perjury.
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IN WITNESS WHEREOF, the Trust has caused these Articles of Amendment to be executed in its name and on its behalf by its Executive Vice President – Finance and Administration and Chief Financial Officer and attested to by its Secretary on this 25th day of July, 2007.
| VORNADO REALTY TRUST |
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| Joseph Macnow |
| Executive Vice President – Finance and |
| ATTEST: |
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| Alan J. Rice |
| Secretary |
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