Whitestone REIT Sample Contracts

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BETWEEN
Loan Agreement • August 6th, 2003 • Hartman Commercial Properties Reit • Real estate investment trusts • Texas
Borrower) to
Security Agreement • April 30th, 2003 • Hartman Commercial Properties Reit
LIMITED LIABILITY COMPANY AGREEMENT OF HARTMAN REIT OPERATING PARTNERSHIP II GP, LLC
Limited Liability Company Agreement • April 30th, 2003 • Hartman Commercial Properties Reit • Delaware
EXHIBIT 10.1 AGREEMENT OF LIMITED PARTNERSHIP
Hartman Commercial Properties Reit • April 30th, 2003 • Delaware
AMERICAN STOCK TRANSFER & TRUST COMPANY, LLC, as Rights Agent RIGHTS AGREEMENT Dated as of May 14, 2020
Rights Agreement • May 15th, 2020 • Whitestone REIT • Real estate investment trusts • New York

RIGHTS AGREEMENT, dated as of May 14, 2020 (this “Agreement”), between Whitestone REIT, a Maryland real estate investment trust (the “Company”), and American Stock Transfer & Trust Company, LLC, as rights agent (the “Rights Agent”). All capitalized terms used in this Agreement shall have the meanings ascribed to such terms in Section 1 hereof or as otherwise defined elsewhere in this Agreement.

ADVISORY AGREEMENT
Advisory Agreement • March 31st, 2005 • Hartman Commercial Properties Reit • Real estate investment trusts • Texas

THIS ADVISORY AGREEMENT, dated as of August 31, 2004, is between HARTMAN COMMERCIAL PROPERTIES REIT, a Maryland real estate investment trust (the “Company”), and HARTMAN MANAGEMENT, L.P., a Texas limited partnership (the “Advisor”).

AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • June 4th, 2015 • Whitestone REIT • Real estate investment trusts • New York
AMENDED AND RESTATED EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • June 4th, 2015 • Whitestone REIT • Real estate investment trusts • New York
AGREEMENT OF
Hartman Commercial Properties Reit • April 30th, 2003 • Texas
TRUSTEE RESTRICTED COMMON SHARE GRANT AGREEMENT
Restricted Common Share Grant Agreement • May 15th, 2009 • Whitestone REIT • Real estate investment trusts • Maryland

THIS RESTRICTED COMMON SHARE GRANT AGREEMENT (TIME VESTED) (this “Agreement”) is entered into as of March 25, 2009 (the “Effective Date”), by and between Whitestone REIT, a Maryland real estate investment trust (the “Company”), and Chris A. Minton (the “Trustee”).

AMENDMENT NO. 1 TO EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • August 14th, 2013 • Whitestone REIT • Real estate investment trusts • New York

This Amendment No. 1 (this “Amendment”) effective as of August 14, 2013 to that certain Equity Distribution Agreement dated as of June 19, 2013 (the “Equity Distribution Agreement”; capitalized terms used herein but not defined herein have the meaning set forth in the Equity Distribution Agreement), among Whitestone REIT, a Maryland real estate investment trust (the “Company”), Whitestone REIT Limited Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and Ladenburg Thalmann & Co. Inc. (“Ladenburg”) recites and provides as follows:

HARTMAN COMMERCIAL PROPERTIES REIT Up to 11,000,000 Common Shares of Beneficial Interest DEALER MANAGER AGREEMENT August 31, 2004
Selected Investment Advisor Agreement • March 31st, 2005 • Hartman Commercial Properties Reit • Real estate investment trusts • Texas

Hartman Commercial Properties REIT, a Maryland real estate investment trust (the “Company”), is registering for public sale a maximum of 11,000,000 common shares of beneficial interest (the “Shares” or the “Stock”), $0.001 par value per share (the “Offering”), to be issued and sold for $10.00 per share at an aggregate purchase price of $109,500,000 (10,000,000 Shares to be offered to the public and 1,000,000 Shares to be offered pursuant to the Company’s dividend reinvestment plan at $9.50 per share). There shall be a minimum purchase by any one person of 100 Shares (except as otherwise indicated in the Prospectus or in any letter or memorandum from the Company to D.H. Hill Securities, LLP (the “Dealer Manager”)). Terms not defined herein shall have the same meaning as in the Prospectus. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as follows:

SEVERANCE AND CHANGE IN CONTROL AGREEMENT
Severance and Change in Control Agreement • August 8th, 2022 • Whitestone REIT • Real estate investment trusts • Texas

THIS SEVERANCE AND CHANGE IN CONTROL AGREEMENT (this “Agreement”), effective as of May 23, 2022 is by and between WHITESTONE REIT, a Maryland real estate trust (the “Company”), and J. SCOTT HOGAN (the “Employee”). The Company and the Employee are sometimes collectively referred to herein as the “Parties.”

SECOND AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JANUARY 31, 2019 AMONG WHITESTONE REIT OPERATING PARTNERSHIP, L.P., THE GUARANTORS FROM TIME TO TIME PARTIES HERETO, THE LENDERS FROM TIME TO TIME PARTIES HERETO, BANK OF MONTREAL, AS...
Credit Agreement • February 6th, 2019 • Whitestone REIT • Real estate investment trusts • Illinois

This Second Amended and Restated Credit Agreement is entered into as of January 31, 2019, by and among Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), Whitestone REIT and each Material Subsidiary from time to time party to this Agreement, as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, and BANK OF MONTREAL, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

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AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF PILLARSTONE CAPITAL REIT OPERATING PARTNERSHIP LP THE SECURITIES EVIDENCED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES...
Agreement • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP, dated as of December 8, 2016, (the “Agreement”) is entered into by and among Pillarstone Capital REIT, a Maryland real estate investment trust (the “General Partner”), and the Persons whose names are set forth on the Partner Registry (as hereinafter defined) as Limited Partners, together with any other Persons who become Partners in Pillarstone Capital REIT Operating Partnership LP as provided herein.

PPM Loan No. 1306602 LOAN AGREEMENT by and between JACKSON NATIONAL LIFE INSURANCE COMPANY, as Lender and WHITESTONE INDUSTRIAL-OFFICE LLC, a Texas limited liability company, as Borrower Dated as of November 26, 2013 Property: Whitestone Portfolio
Loan Agreement • December 3rd, 2013 • Whitestone REIT • Real estate investment trusts

This Agreement is made as of the date set forth on the preceding cover page by and between the WHITESTONE INDUSTRIAL-OFFICE LLC, a Texas limited liability company (“Borrower”), and Lender.

MANAGEMENT AGREEMENT
Management Agreement • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Texas

This PROPERTY MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into as of December 8, 2016, by and between WHITESTONE TRS, INC. (the “Manager”) and _______________, a ______________ (“Owner”).

REVOLVING CREDIT AGREEMENT among HARTMAN REIT OPERATING PARTNERSHIP, L.P. HARTMAN REIT OPERATING PARTNERSHIP III LP and OTHER BORROWERS WHICH MAY BECOME PARTIES TO THIS AGREEMENT and KEYBANK NATIONAL ASSOCIATION UNION BANK OF CALIFORNIA, N.A. COMPASS...
Revolving Credit Agreement • June 17th, 2005 • Hartman Commercial Properties Reit • Real estate investment trusts

This REVOLVING CREDIT AGREEMENT is made as of the 11th day of March, 2005, by and among HARTMAN REIT OPERATING PARTNERSHIP, L.P., a Delaware limited a partnership (“Hartman OP”), HARTMAN REIT OPERTING PARTNERSHIP III LP, a Texas limited partnership (“Hartman III”) and the Wholly-Owned Subsidiaries (defined below) which are listed on Schedule 1 hereto (as such Schedule 1 may be (or may be deemed to be) amended from time to time (Hartman OP, Hartman III and any such Wholly-Owned Subsidiary listed on Schedule 1 being hereinafter referred to collectively as the “Borrower” unless referred to in their individual capacities), having their principal place of business at 1450 West Sam Houston Parkway North, Suite 100, Houston, Texas 77043; KEYBANK NATIONAL ASSOCIATION (“KeyBank”), having a principal place of business at 127 Public Square, Cleveland, Ohio 44114, UNION BANK OF CALIFORNIA, N.A., COMPASS BANK, COMERICA BANK, COMMERCEBANK, N.A. and the other lending institutions which may become par

RESTRICTED COMMON SHARE AWARD AGREEMENT (PERFORMANCE VESTED)
Restricted Common Share Award Agreement • January 7th, 2009 • Whitestone REIT • Real estate investment trusts • Maryland

THIS RESTRICTED COMMON SHARE AWARD AGREEMENT (PERFORMANCE VESTED) (this “Agreement”) is entered into as of , 20 (the “Effective Date”), by and between Whitestone REIT, a Maryland real estate investment trust (the “Company”), and (the “Participant”).

OP UNIT PURCHASE AGREEMENT
Op Unit Purchase Agreement • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Delaware

OP UNIT PURCHASE AGREEMENT (the “Agreement”), dated as of December 8, 2016, by and among WHITESTONE REIT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Buyer”), PILLARSTONE CAPITAL REIT OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Seller”), and PILLARSTONE CAPITAL REIT, a Maryland real estate investment trust (the “Company”).

RESTRICTED COMMON SHARE UNIT AWARD AGREEMENT
Restricted Common Share Unit Award Agreement • August 6th, 2021 • Whitestone REIT • Real estate investment trusts • Maryland

THIS RESTRICTED COMMON SHARE UNIT AWARD AGREEMENT (this “Agreement”) is entered into as of [Date] (the “Effective Date”), by and between Whitestone REIT, a Maryland real estate investment trust (the “Company”), and [Employee] (the “Participant”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in the 2018 Long-Term Equity Incentive Ownership Plan, as it may be amended from time to time (the “Plan”).

SECOND AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT, JOINDER AND REAFFIRMATION OF GUARANTIES
Whitestone Credit Agreement • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Illinois

This Amended and Restated Credit Agreement is entered into as of November 7, 2014, by and among Whitestone REIT Operating Partnership, L.P., a Delaware limited partnership (the “Borrower”), Whitestone REIT and each Material Subsidiary from time to time party to this Agreement, as Guarantors, the several financial institutions from time to time party to this Agreement, as Lenders, and Bank of Montreal, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.

Limited Guaranty
Limited Guaranty • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Illinois

This Limited Guaranty (this “Guaranty”) is dated as of December 8, 2016 by and between Pillarstone Capital REIT Operating Partnership LP, a Delaware limited partnership (together with its successor and assigns, the “Guarantor”), and Bank of Montreal (“BMO”), acting as administrative agent hereunder for the Guaranteed Creditors hereinafter identified and defined (BMO acting as such administrative agent and any successor or successors to BMO acting in such capacity being hereinafter referred to as the “Administrative Agent”).

Contract
Tax Protection Agreement • December 9th, 2016 • Whitestone REIT • Real estate investment trusts • Delaware

THIS TAX PROTECTION AGREEMENT (this “Agreement”) is made and effective as of December 8, 2016 by and among PILLARSTONE CAPITAL REIT, a Maryland real estate investment trust (the “REIT”), PILLARSTONE CAPITAL REIT OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Partnership”), and WHITESTONE REIT OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “Contributor”).

RESTRICTED COMMON SHARE UNIT AWARD AGREEMENT
Restricted Common Share Unit Award Agreement • August 6th, 2021 • Whitestone REIT • Real estate investment trusts • Maryland

THIS RESTRICTED COMMON SHARE UNIT AWARD AGREEMENT (this “Agreement”) is entered into as of [Date] (the “Effective Date”), by and between Whitestone REIT, a Maryland real estate investment trust (the “Company”), and [Employee] (the “Participant”). Capitalized terms not defined in this Agreement shall have the meanings ascribed to such terms in the 2018 Long-Term Equity Incentive Ownership Plan, as it may be amended from time to time (the “Plan”).

WHITESTONE REIT Up To $100,000,000 Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENT
Equity Distribution Agreement • September 9th, 2022 • Whitestone REIT • Real estate investment trusts • New York

Whitestone REIT, a Maryland real estate investment trust (the “Company”), and Whitestone REIT Limited Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), each confirms its agreement (this “Agreement”) with [BANK NAME] (the “Placement Agent”) as follows:

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