EXHIBIT 99.1 Option No. ___ [FORM OF DIRECTOR OPTION AGREEMENT] NON-QUALIFIED STOCK OPTION AGREEMENT ISSUED UNDER THE DIVIDEND CAPITAL TOTAL REALTY TRUST INC. EQUITY INCENTIVE PLAN A. A STOCK OPTION (the "Option") for a total of [_______] shares of...Non-Qualified Stock Option Agreement • April 7th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
CREDIT AGREEMENT Dated as of September 27, 2011 among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, as the Borrower The Lenders Party Hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent,...Credit Agreement • October 17th, 2011 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of September 27, 2011, among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer.
FORM OF FOURTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIPLimited Partnership Agreement • June 22nd, 2012 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
This Fourth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of [ ], 2012, between Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
CREDIT AGREEMENT Dated as of December 19, 2012 among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, PNC...Credit Agreement • December 21st, 2012 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of December 19, 2012, among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • January 13th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT ("Agreement") is made and entered into as of the day of , 2006 by and among Dividend Capital Total Realty Trust Inc., a Maryland corporation (the "Company") and , a director and/or officer of the Company (the "Indemnitee").
AMENDED AND RESTATED ADVISORY AGREEMENT (2024) among ARES REAL ESTATE INCOME TRUST INC., AREIT OPERATING PARTNERSHIP LP and ARES COMMERCIAL REAL ESTATE MANAGEMENT LLCAdvisory Agreement • May 3rd, 2024 • Ares Real Estate Income Trust Inc. • Real estate investment trusts
THIS AMENDED AND RESTATED ADVISORY AGREEMENT (2024) (this “Agreement”), dated and effective as of April 30, 2024, is among Ares Real Estate Income Trust Inc., a Maryland corporation (the “Company”), AREIT Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and Ares Commercial Real Estate Management LLC, a Delaware limited liability company (the “Advisor”).
SEVENTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP JANUARY 1, 2019Limited Partnership Agreement • January 7th, 2019 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Seventh Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of January 1, 2019, between Black Creek Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Diversified Property Fund Inc., f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FIXED RATE NOTELoan Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
FOR VALUE RECEIVED, TRT ALLIANCE DIEHL LLC, a Delaware limited liability company (“Borrower”), promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of TWENTY-ONE MILLION THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($21,300,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Rate (hereinafter defined) at all times prior to the occurrence of an Event of Default (as defined in the Security Instrument [hereinafter defined]), and to be paid in installments as s
MANAGEMENT AGREEMENTManagement Agreement • January 13th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of the 9th day of January, 2006, by and between DIVIDEND CAPITAL TOTAL REALTY TRUST INC., a Maryland corporation ("Owner"), and DIVIDEND CAPITAL PROPERTY MANAGEMENT LLC., a Colorado limited liability company ("Manager").
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Property Management Agreement (the “Agreement”) made as of the 8th day of December, 2006, by and between DCT Silver Springs LLC, a Delaware limited liability company, (“Owner”), and The Flynn Company, a Pennsylvania corporation (“Property Manager”).
SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT among DIVIDEND CAPITAL TOTAL REALTY TRUST INC., DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP and DIVIDEND CAPITAL TOTAL ADVISORS LLCAdvisory Agreement • August 6th, 2009 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of August 5, 2009, is among Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “Company”), Dividend Capital Total Realty Operating Partnership LP, a Delaware limited partnership, and Dividend Capital Total Advisors LLC, a Delaware limited liability company.
twelfth AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF AREIT Operating Partnership LP A DELAWARE LIMITED PARTNERSHIP JUNE 3, 2023Limited Partnership Agreement • August 11th, 2023 • Ares Real Estate Income Trust Inc. • Real estate investment trusts • Delaware
This Twelfth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of June 3, 2023, between Ares Real Estate Income Trust Inc., a Maryland corporation (f/k/a Black Creek Diversified Property Fund Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
CREDIT AGREEMENTCredit Agreement • March 2nd, 2015 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
THIS CREDIT AGREEMENT (this “Agreement”) dated as of February 27, 2015 by and among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a limited partnership formed under the laws of the State of Delaware (the “Borrower”), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.5. (the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”), with WELLS FARGO SECURITIES, LLC and REGIONS CAPITAL MARKETS, as Joint Lead Arrangers and Bookrunners (in such capacities, the “Arranger”), REGIONS BANK, as Syndication Agent (the “Syndication Agent”) and CAPITAL ONE, NATIONAL ASSOCIATION, as Documentation Agent (the “Documentation Agent”).
DIVIDEND CAPITAL DIVERSIFIED PROPERTY FUND INC. FORM OF RESTRICTED STOCK AGREEMENT FOR [Insert name of Recipient]Restricted Stock Agreement • July 7th, 2015 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Maryland
PURCHASE AND SALE AGREEMENT Between DCT MN VALLEY LLC and TRT MINNESOTA VALLEY III LLC Dated as of October 31, 2006Purchase and Sale Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of October 31, 2006, by and between DCT MN VALLEY LLC, a Delaware limited liability company (“Seller”) and TRT MINNESOTA VALLEY III LLC, a Delaware limited liability company (“Buyer”).
DIVIDEND CAPITAL DIVERSIFIED PROPERTY FUND INC. SELECTED DEALER AGREEMENTSelected Dealer Agreement • September 19th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts
Each of Dividend Capital Diversified Property Fund Inc., a Maryland corporation (the “Company”), Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”) and Dividend Capital Total Advisors LLC, a Delaware limited liability company (the “Advisor”), hereby confirms its agreement with Raymond James & Associates, Inc., a Florida corporation (“Raymond James”), as follows:
THIRD AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • September 1st, 2017 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
This Third Amended and Restated Dealer Manager Agreement (this “Agreement”) amends, restates and replaces in full that certain Second Amended and Restated Dealer Manager Agreement dated September 16, 2015, by and between Black Creek Diversified Property Fund Inc., a Maryland corporation (the “Company”) and Black Creek Capital Markets, LLC (the “Dealer Manager”).
DEALER MANAGER AGREEMENTDealer Manager Agreement • March 28th, 2008 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
As described in more detail below, on June 11, 2007, Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “Company”), filed a registration statement, Registration No.333-143662, with the SEC for an offering (the “Offering”) of up to $2,000,000,000 in shares (the “Shares” or the “Stock”) of its common stock, $.01 par value per share, comprised of a maximum amount of Shares set forth in the Prospectus (as defined below) that will be issued and sold to the public at the public offering price per share set forth in the Prospectus and a maximum amount of Shares set forth in the Prospectus that will be offered pursuant to the Company’s distribution reinvestment plan (subject to the Company’s right to reallocate such Share amounts, as described in the Prospectus). In connection with the Offering, the minimum purchase by any one person shall be 200 Shares (except as otherwise indicated in the Prospectus or in any letter or memorandum from the Company to Dividend Capital Securi
PARTNERSHIP AGREEMENT OF TRT-DCT INDUSTRIAL JV III GENERAL PARTNERSHIP (a Delaware General Partnership)Partnership Agreement • September 11th, 2008 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
THIS PARTNERSHIP AGREEMENT, made and entered into and effective as of September 9, 2008, by and between TRT INDUSTRIAL FUND III LLC, a Delaware limited liability company (“TRT LLC”), and DCT INDUSTRIAL FUND III LLC, a Delaware limited liability company (“DCT LLC”).
FORM OF SELECTED DEALER AGREEMENTSelected Dealer Agreement • January 29th, 2015 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
Dividend Capital Securities LLC, as the dealer manager (“Dealer Manager”) for Dividend Capital Diversified Property Fund Inc. (the “Company”), a Maryland corporation which will be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of shares of common stock (“Shares”) of the Company subject to the following terms:
FIFTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP March 2, 2016Limited Partnership Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Fifth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of March 2, 2016, between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FOURTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP JULY 12, 2012Limited Partnership Agreement • July 12th, 2012 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Fourth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of July 12, 2012, between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
TRUST AGREEMENT OF DCX [·] DST, a Delaware statutory trust DATED AS OF [·], [·] BY AND AMONG TRT [·] LLC, a Delaware limited liability company, AS INITIAL DEPOSITOR DCX [·] MANAGER LLC, a Delaware limited liability company, AS MANAGER & SIGNATORY...Trust Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Limited Partnership Agreement (this “Agreement”), effective as of the Transfer Date, is entered into by and between DCX [●] Manager LLC, a Delaware limited partnership, or its affiliate as the General Partner and in its capacity as Manager of the Initial Limited Partner, and the parties listed on Exhibit B and executing counterparts to this Agreement, as Limited Partners, pursuant to the Act on the following terms and conditions.
SELECTED DEALER AGREEMENTSelected Dealer Agreement • October 13th, 2017 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
Black Creek Capital Markets, LLC (f/k/a Dividend Capital Securities LLC) (the “Dealer Manager”) serves as the dealer manager for the offering of shares of common stock, $0.01 par value per share (“Common Stock”) of Black Creek Diversified Property Fund Inc., a Maryland corporation (the “Company”), pursuant to that Third Amended and Restated Dealer Manager Agreement, dated as of September 1, 2017 (the “Dealer Manager Agreement”) between the Company and the Dealer Manager, pursuant to which the Dealer Manager may retain broker-dealers to act as its agents in connection with such offering. This Agreement (the “Agreement”) is made as of October 13, 2017 among the Dealer Manager, the Company, Black Creek Diversified Property Advisors LLC (the “Advisor”), and Morgan Stanley Smith Barney LLC (“Dealer”). The parties hereby agree that Dealer will participate in the distribution of the Shares (as defined below) of the Company, subject to the terms of this Agreement. In consideration of the mutua
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
This First Amendment to Credit Agreement (this “Amendment”) is made as of December 23, 2019 by and among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Amendment (collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENTCredit and Term Loan Agreement • March 3rd, 2017 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
This First Amendment to Amended and Restated Credit and Term Loan Agreement (this “Amendment”) is made as of December 22, 2016, by and among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP L.P., a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Agreement (collectively, the “Lenders”), and BANK OF AMERICA, N.A., not individually, but as “Administrative Agent”.
CONTRIBUTION AND SALE AGREEMENTContribution and Sale Agreement • August 14th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS CONTRIBUTION AND SALE AGREEMENT (this “Agreement”) is made and entered into as of April 25, 2007 (the “Effective Date”) among JDN REAL ESTATE-APEX L.P., a Georgia limited partnership (“Apex”), JDN DEVELOPMENT COMPANY, INC., a Delaware corporation (“JDN”), DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation (“DDR”), MT. NEBO POINTE LLC, an Ohio limited liability company (“Mt. Nebo”), CENTERTON SQUARE LLC, a Delaware limited liability company (“Centerton”, each of Apex, JDN, DDR, Mt. Nebo and Centerton, a “Contributor” and collectively, the “Contributors”), DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (“TRT”), and TRT DDR VENTURE I GENERAL PARTNERSHIP, a Delaware general partnership (“Joint Venture”).
REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • August 11th, 2022 • Ares Real Estate Income Trust Inc. • Real estate investment trusts • Texas
SECOND AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT Dated as of January 11, 2019 among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower andCredit and Term Loan Agreement • January 16th, 2019 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT is entered into as of January 11, 2019, among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, and the other Swing Line Lenders and L/C Issuers from time to time party hereto.
MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Texas
THIS MANAGEMENT AND LEASING AGREEMENT made as of this 5 day of January, 2007, by and between TRT HEB Marketplace LP a Delaware limited partnership (“Owner”), and Weitzman Management Corporation, d/b/a CENCOR REALTY SERVICES, INC., a Texas corporation, d/b/a The Weitzman Group whose principal place of business is 3102 Maple Avenue, Suite 500, Dallas, Texas, 75201 (“Property Manager”) and THE WEITZMAN GROUP, INC., a Texas corporation, whose principal place of business is 3102 Maple Avenue, Suite 350, Dallas, Texas, 75201 (“Weitzman”).
FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (30 Properties)Purchase and Sale Agreement • August 13th, 2010 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made and entered into this 25th day of June, 2010, by and between Seller and Purchaser.
tenth AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP july 1, 2021Limited Partnership Agreement • July 1st, 2021 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Tenth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of July 1, 2021, between Black Creek Diversified Property Fund Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
PARTNERSHIP AGREEMENT OF TRT DDR VENTURE I GENERAL PARTNERSHIP A Delaware General PartnershipPartnership Agreement • August 14th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
THIS PARTNERSHIP AGREEMENT (this “Agreement”) of TRT DDR VENTURE I GENERAL PARTNERSHIP (the “Partnership”) is made as of the 11th day of May, 2007, by and between DDR TRT GP LLC, a Delaware limited liability company (“DDR”), and TRT-DDR Joint Venture I Owner LLC, a Delaware limited liability company (“TRT”).
AGREEMENT OF SALEAgreement of Sale • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Pennsylvania
This AGREEMENT OF SALE is made this 23rd day of June, 2006, between BRANDYWINE OPERATING PARTNERSHIP, L.P. having its principal office at 401 Plymouth Road, Suite 500, Plymouth Meeting, PA 19462 (“Seller”), and BALA POINTE OWNER LP, a Delaware limited partnership, having a principal office c/o Dividend Capital Total Realty Trust, 7 Times Square, Suite 3503, New York, New York 10036 (“Buyer”).
DIVIDEND CAPITAL TOTAL REALTY TRUST, INC. Fifth Amended and Restated Share Redemption Program As Adopted by Board of Directors, November 11, 2010Share Redemption Program • November 15th, 2010 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
Company – Shall mean Dividend Capital Total Realty Trust, Inc. The Company may be referred to as “we” or “our” within the context of this document.
