Filed
pursuant to Rule 424(b)(5)
Registration
No. 333-158408
PROSPECTUS
SUPPLEMENT
(To
prospectus dated April 3, 2009)
Dividend
Reinvestment and Stock Purchase Plan
2,000,000
Shares of Common Stock
We offer
you the opportunity to participate in our Dividend Reinvestment and Stock
Purchase Plan, or “DRIP.” The DRIP provides a simple and convenient method for
our stockholders to invest cash dividends and optional cash payments in shares
of our common stock, without payment of any brokerage commissions, fees or
service charges. Beneficial owners of our common stock whose shares are
registered in names other than their own, by brokers, banks or other nominees,
may join the DRIP by having the shares they wish to enroll in the DRIP
transferred to their own names or by arranging for the holder of record to join
the DRIP.
You may
purchase shares of common stock by:
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having
the cash dividends on all or part of your shares of common stock
automatically reinvested;
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receiving
directly, as usual, cash dividends, if and when declared, on your shares
of common stock and investing in the DRIP by making optional cash payments
of $25 to $10,000 per month; or
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investing
both your cash dividends and your optional cash
payments.
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You may
participate in the DRIP by completing an authorization card and returning it to
Wells Fargo Shareowner Services at the address set forth in this prospectus
supplement. Stockholders who are participants in the DRIP may
terminate their participation at any time. Stockholders who are not participants
in the DRIP and who do not want to become participants need do nothing and will
continue to receive their cash dividends, if and when declared, as
usual.
Our
common stock is listed on the New York Stock Exchange under the symbol
“HIW.”
You
should carefully read and consider the risk factors included in this prospectus
and in our periodic reports and other information that we file with the SEC
before you invest in our common stock.
Neither
the SEC nor any state securities commission has approved or disapproved of these
securities or determined if this prospectus is truthful or complete. Any
representation to the contrary is a criminal offense.
The date
of this prospectus supplement is February 4, 2010.
AMENDED
DESCRIPTION OF THE DRIP
The
amended terms of our DRIP are set forth below in question and answer
format. The information set forth below is intended to amend, in each
case to the extent the context requires, only those questions/answers as
originally set forth in the prospectus. All other questions/answers
originally set forth in the prospectus are unchanged.
4.
Who administers the DRIP?
Effective
February 4, 2010, the Plan is administered by Wells Fargo Shareowner Services, a
division of Wells Fargo Bank, N.A.
Any
questions or correspondence should be directed to:
Wells
Fargo Shareowner Services
P.O. Box
64856
St. Paul,
MN 55164-0856
Certified/Overnight
Mail:
Wells
Fargo Shareowner Services
161 North
Concord Exchange
South St.
Paul, MN 55075-1139
General
Information:
Toll Free
Telephone: 1-800-468-9716
Telephone:
651-450-4064 (outside the United States)
Fax:
651-450-4085
An
automated voice response system is available 24 hours a day, 7 days a week.
Customer Service Representatives are available from 7:00 a.m. to 7:00 p.m.,
Central Time, Monday through Friday.
Internet:
General
Inquiries - www.wellsfargo.com/shareownerservices
Account
Information - www.shareowneronline.com
6.
How do I participate in the DRIP?
You may
also participate by telephone or internet enrollment.
9.
How do I change my investment options?
You may
also change your reinvestment option by telephone or internet.
13.
How are optional cash payments made?
You may
also make optional cash payments by automatic cash withdrawal from your checking
or savings account each month, thus eliminating the need to write and mail
checks. To take advantage of this feature, enroll through the
internet or complete the appropriate section on the authorization
card. Enrollment or changes must be received 15 business days prior
to the scheduled investment date for automatic cash
withdrawal. Automatic cash withdrawals are made from checking and
savings accounts on the 20th of
each month. If the 20th is
not a business day, cash will be withdrawn on the next business
day. The minimum withdrawal amount is $25.00 and the maximum
aggregate investment during any month is $10,000.00.
Your bank
statement will show the details of each automatic cash withdrawal and you can
stop the automatic cash withdrawal by telephone, internet, or writing to the
DRIP administrator.
The DRIP
administrator is authorized to choose a broker/dealer, including an affiliated
broker/dealer, at its sole discretion to facilitate purchases and sales of
common stock for you. The DRIP administrator will furnish the name of
the registered broker/dealer, including any affiliated broker/dealer, utilized
in share transactions within a reasonable time upon written request from
you.
Optional
cash payments received by the DRIP administrator in advance of a Plan purchase
date may be invested by the DRIP administrator in certain Permitted
Investments. For purposes of this Plan, “Permitted Investments” shall
mean any money market mutual funds registered under the Investment Company Act
(including those of an affiliate of the DRIP administrator or for which the DRIP
administrator or any of its affiliates provides management advisory or other
services) consisting entirely of (i) direct obligations of the United States of
America; or (ii) obligations fully guaranteed by the United States of
America. The risk of any loss from such Permitted Investments shall
be the responsibility of the DRIP administrator. Investment income
from such Permitted Investments shall be retained by the DRIP
administrator.
14. What
kind of reports will be sent to me?
You will
be sent a statement of your account reflecting any change in your account
balance.
26. What are our responsibilities and
the responsibilities of the DRIP administrator under the DRIP?
The DRIP
administrator undertakes to perform such duties and only such duties as are
expressly set forth within this Supplement and unchanged provisions within the
Plan Prospectus, to be performed by it, and no implied covenants or obligations
shall be read into this Plan against the DRIP administrator or us.
Except
for negligence or willful misconduct on its part, the DRIP administrator,
whether acting directly or through agents or attorneys, shall not be liable for
any action taken, suffered, or omitted or for any error of judgment made by it
in the performance of its duties hereunder. The DRIP administrator
shall not be liable for special, indirect or consequential loss or damage of any
kind whatsoever (including but not limited to lost profit), unless the loss or
damage is the result of negligence or willful misconduct on its part or in the
event the DRIP administrator has been advised of the likelihood of such loss or
damage and takes no action within its control and within acceptable industry
practices. The DRIP administrator shall: (i) not be required to and shall make
no representations and have no responsibilities as to the validity, accuracy,
value or genuineness of any signatures or endorsements, other than its own; and
(ii) not be obligated to take any legal action hereunder that might, in its
judgment, involve any expense or liability, unless it has been furnished with
reasonable indemnity.
The DRIP
administrator shall not be responsible or liable for any failure or delay in the
performance of its obligations under this Plan arising out of or caused,
directly or indirectly, by circumstances beyond its reasonable control,
including, without limitation, acts of God; earthquakes; fires; floods; wars;
civil or military disturbances; sabotage; epidemics; riots; interruptions, loss
or malfunctions of utilities; computer (hardware or software) or communications
services; accidents; labor disputes; acts of civil or military authority or
governmental actions; it being understood that the DRIP administrator shall use
reasonable efforts which are consistent with accepted practices in the banking
industry to resume performance as soon as practicable under the
circumstances.
Effective
February 4, 2010, Plan fees are noted below:
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Certificate
Issuance
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Company
paid
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Certificate
Deposit
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Company
paid
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Investment
Fees
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Dividend
reinvestment service fee
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Company
paid
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Optional
cash investment service fee
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Company
paid
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Automatic
withdrawal service fee
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Company
paid
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Purchase
commission
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Company
paid
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Sale
Fees
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Service
fee
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$15.00
per transaction
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Sale
commission
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$0.10
per share
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Direct
deposit of net sale proceeds
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$5.00
per transaction
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Fee
for Returned Check or Rejected Automatic Bank Withdrawal
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$25.00
per item
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Prior
Year Duplicate Statement
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$15.00
per year
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