Terry S. Brown

“In connection with the Merger, and at and upon the Effective Time, AvalonBay ceased to exist and Merger Sub continued as the surviving entity and a wholly owned subsidiary of Vivmark. All of the members of the board of directors of AvalonBay ceased to be directors of AvalonBay and all of AvalonBay’s officers ceased to be officers of AvalonBay, and such directors and officers were replaced by the directors and officers of Merger Sub. As a result of the ERPOP Merger, Merger Sub ceased to exist and ERP Operating Partnership continued as the surviving entity, with Vivmark serving as general partner of ERP Operating Partnership. In connection with the Merger, Terry S. Brown, Conor C. Flynn, Christopher B. Howard, Charles E. Mueller Jr., Timothy J. Naughton, Benjamin W. Schall and Susan Swanezy, became trustees of Vivmark at the Effective Time.”