INDEMNIFICATION AGREEMENTIndemnification Agreement • May 10th, 2017 • New York REIT, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of March 8 , 2017 (the “Effective Date”), by and between New York REIT, Inc., a Maryland corporation (the “Company”), and Howard Goldberg (the “Indemnitee”).
THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. ________________________________- _____________________ Dated as of November 12, 2012 _____________________________________________________American Realty Capital New York Recovery Reit Inc • November 13th, 2012 • Real estate investment trusts • Delaware
THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. dated as of November 12, 2012, is entered into among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as General Partner, New York Recovery Special Limited Partnership, LLC, as Special Limited Partner, and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as the Initial Limited Partner, and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC. UP TO 175,000,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT As of September 2, 2010Exclusive Dealer Manager Agreement • July 26th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
American Realty Capital New York Recovery REIT, Inc. (the “Company”) is a Maryland real estate investment trust that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2010, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 150,000,000 shares of common stock, $.01 par value per share (the “Shares”), for a purchase price of $10.00 per Share, in the primary offering (the “Primary Offering”), and (b) up to 25,000,000 Shares for a purchase price of $9.50 per Share for issuance through the Company’s distribution reinvestment plan (the “DRP” and together with the Primary Offering, the “Offering”) (subject to the right of the Company to reallocate such Shares between the Primary Offering and the DRP), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined in Section 1(a)).
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLCAdvisory Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc • New York
FORM OF AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P.Exchange Rights Agreement • April 7th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • Delaware
THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (this “Agreement”), dated as of , 2010, is entered into by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as general partner (the “General Partner”), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
LOAN AGREEMENT Dated as of September 30, 2015 between ARC NY1440BWY1, LLC, as Borrower, and H/2 FINANCIAL FUNDING I LLC, as LenderLoan Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
FORM OF RESTRICTED STOCK AWARD AGREEMENT PURSUANT TO THE EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF NEW YORK REIT, INC.Restricted Stock Award Agreement • February 26th, 2016 • New York REIT, Inc. • Real estate investment trusts • Maryland
THIS AGREEMENT (this “Agreement”) is made as of [date], 20[ ] (the “Grant Date”), by and between New York REIT, Inc., a Maryland corporation with its principal office at 405 Park Avenue, New York, New York 10022 (the “Company”), and [name] (the “Participant”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • March 31st, 2023 • New York REIT Liquidating LLC • Real estate investment trusts • Delaware
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is entered into as of March 30, 2023 by and between New York REIT Liquidating LLC, a Delaware limited liability company (the “Company”), and Michael L. Ashner (“Indemnitee”). Other capitalized terms used in this Agreement that are not otherwise defined in this Agreement have the meanings ascribed to such terms in the Limited Liability Company Agreement of the Company dated as of November 7, 2018 (the “LLC Agreement”).
SECOND AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • July 26th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of September 2, 2010, is entered into among American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
GUARANTYGuaranty • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
THIS GUARANTY (this “Guaranty”) is executed as of September 30, 2015 by NEW YORK REIT, INC., a Maryland corporation (“NY REIT”) and NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“NYROP”, and together with NYREIT, collectively, “Guarantor”), for the benefit of PARAMOUNT GROUP FUND VIII 1440 BROADWAY MEZZ LP, a Delaware limited partnership (together with its successors and assigns, “Lender”).
AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • July 26th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
This Amended and Restated Management Agreement is made and entered into as of the 2nd day of September, 2010 (this “Management Agreement”), by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation (the “Company”), NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and NEW YORK RECOVERY PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
LOAN AGREEMENTLoan Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
LOAN AGREEMENT Dated as of November 18, 2011 Between ARC NYGRNAV001, LLC, ARC NYGRNAV002, LLC, and ARC NYGRNAV003, LLC, individually and/or collectively, as the context requires, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as LenderLoan Agreement • December 20th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of November 18, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between WELLS FARGO BANK, NATIONAL ASSOCIATION, having an address at Wells Fargo Center, 1901 Harrison Street, 2nd Floor, Oakland, California 94612 (together with its successors and/or assigns, “Lender”), and ARC NYGRNAV001, LLC, ARC NYGRNAV002, LLC, and ARC NYGRNAV003, LLC, each a Delaware limited liability company and each having an address at 405 Park Avenue, 15th Floor, New York, New York 10022 (together with each of their respective permitted successors and/or assigns, individually and/or collectively (as the context may require) referred to herein as “Borrower”).
NEW YORK REIT, INC. SECOND AMENDED AND RESTATEDYear Outperformance Agreement • November 9th, 2015 • New York REIT, Inc. • Real estate investment trusts • Delaware
This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) effective as of August 5, 2015, by and among NEW YORK REIT, INC., a Maryland corporation (the “Company”), its subsidiary NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).
STANDARD FORM OF LOFT LEASE The Real Estate Board of New York, Inc.American Realty Capital New York Recovery Reit Inc • August 6th, 2010 • Real estate investment trusts • New York
Agreement of Lease, made as of this 14th day of March, 2002. between URBAN DEVELOPMENT PARTNERS (61) LLC, having an address c/o Urban Management Partners LLC, The Urban Center, 457 Madison Avenue, New York, New York 10022 party of the first part, hereinafter referred to as OWNER, and/or LANDLORD, and AP ANTIQUES CORP., a corporation, having an address at 306 East 61st Street, New York, New York, party of the second part, hereinafter referred to as TENANT,
FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (a Delaware limited partnership)New York REIT, Inc. • April 15th, 2014 • Real estate investment trusts • Delaware
THIS FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into among New York REIT, Inc., a Maryland corporation (in its capacity as general partner of the Partnership, together with its successors and permitted assigns that are admitted to the Partnership as a general partner of the Partnership in accordance with the terms hereof, the “General Partner”), the Limited Partners listed on Schedule A and any other limited partner or general partner that is admitted from time to time to the Partnership and listed on Schedule A attached hereto, on April 15, 2014.
LEASELease • March 28th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
LEASE dated as of May 26, 2010 between BLEECKER STREET CONDO, LLC, a Delaware limited liability company having an office at c/o Beck Street Capital, 100 Vandam Street, 4th Floor, New York, New York 10013 (hereinafter referred to as “Landlord”) and BURBERRY LIMITED, a New York corporation, having an office at 444 Madison Avenue, New York, New York 10022 (hereinafter referred to as “Tenant”).
FIFTH AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLC Dated as of June 17, 2013Advisory Agreement • June 17th, 2013 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS FIFTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of June 17, 2013 (this “Agreement”), is entered into among American Realty Capital New York Recovery REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
FORM OF THIRD AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • August 25th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS THIRD AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of , 2010 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital New York Recovery REIT, Inc. (the “Company”) and Wells Fargo Bank, National Association, as escrow agent (the “Escrow Agent”).
FORM OF SUBSCRIPTION ESCROW AGREEMENTForm of Subscription Escrow Agreement • July 2nd, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of , 2010 (this “Escrow Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital New York Recovery REIT, Inc. (the “Company”) and Wells Fargo Bank, National Association, as Escrow Agent (the “Escrow Agent”).
SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG NEW YORK REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLC Dated as of June 26, 2015Advisory Agreement • June 26th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
THIS SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of June 25, 2015 (this “Agreement”), is entered into among New York REIT, Inc., a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
LOAN AGREEMENT By and among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, collectively, as Borrower, THE LENDERS FROM TIME TO TIME PARTY HERETO, collectively, as Lender COLUMN FINANCIAL, INC., as Initial Lender and COLUMN FINANCIAL, INC.,...Loan Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of December 20, 2016 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and among EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (each, an “Individual Borrower” and collectively, “Borrower”), COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010 (together with its successors and permitted assigns, “Initial Lender”), THE LENDERS FROM TIME TO TIME PARTY HERETO (collectively, with Initial Lender, and together with their respective successors and permitted assigns, “Lender”) and COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, as agent for Lender (together with its successors and permitted assigns, in such capacity, “Agent”), and acknowledged and agreed to by ARC
FOURTH AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTEscrow Agreement • July 26th, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS FOURTH AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of September 1, 2010 (this “Agreement“), is entered into among Realty Capital Securities, LLC (the “Dealer Manager“), American Realty Capital New York Recovery REIT, Inc. (the “Company“) and Wells Fargo Bank, National Association, as escrow agent (the “Escrow Agent“).
MEZZANINE PLEDGE AND SECURITY AGREEMENT (MORTGAGE BORROWER) Dated as of December 20, 2016 by EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, collectively, as Pledgor in favor of COLUMN FINANCIAL, INC., as AgentMezzanine Pledge and Security Agreement • December 21st, 2016 • New York REIT, Inc. • Real estate investment trusts • New York
THIS MEZZANINE PLEDGE AND SECURITY AGREEMENT (MORTGAGE BORROWER) (together with all extensions, renewals, modifications, substitutions and amendments hereof, this “Agreement”), dated as of December 20, 2016, is made by EACH OF THE ENTITIES LISTED ON SCHEDULE I ATTACHED HERETO, each a Delaware limited liability company, each having its principal place of business at c/o New York REIT, Inc., 405 Park Avenue, New York, New York 10022 (individually and/or collectively as the context may require, together with their respective successors and permitted assigns, “Pledgor”), in favor of COLUMN FINANCIAL, INC., a Delaware corporation, having an address at 11 Madison Avenue, New York, New York 10010, on behalf of Lender (defined below) (together with its successors and assigns, in such capacity, “Agent”). Capitalized terms used but not otherwise defined herein shall have the meanings assigned to such terms in the Loan Agreement (defined below)
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of April 14, 2014, is made by and among New York Recovery Operating Partnership, L.P., a Delaware limited partnership (“Borrower”), NEW YORK REIT, INC. (formerly known as American Realty Capital New York Recovery REIT, Inc.), a Maryland corporation and the sole general partner of Borrower (the “REIT”), the LENDERS party hereto listed on the signature pages of this Agreement under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), CAPITAL ONE, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”) and as a Joint Lead Arranger and a Joint Bookrunner, U.S. BANK NATIONAL ASSOCIATION, as a Joint Lead Arranger, a Syndication Agent and a Joint Bookrunner, RBS CITIZENS, N.A., as a Joint Lead Arranger and a Documentation Agent, BARCLAYS BANK PLC, as a Joint Lead Arranger and Syndication Agent, SUNTRUST ROBINSON HUMPHREY, INC. as a
LISTING NOTE AGREEMENTListing Note Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
This Listing Note Agreement (the “Listing Note”) is entered into by and between New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”) and New York Recovery Special Limited Partnership, LLC, a Delaware limited liability company (the “SLP”) this 15th day of April, 2014. Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to as the applicable term in the OP Agreement (defined below).
STANDARD FORM OF LOFT LEASE The Real Estate Board of New York, Inc.American Realty Capital New York Recovery Reit Inc • August 6th, 2010 • Real estate investment trusts • New York
Agreement of Lease, made as of this 28 day of September, 2004, between URBAN DEVELOPMENT PARTNERS (61), LLC, having an address c/o Urban Management Partners LLC, The Urban Center, 457 Madison Avenue, New York, New York 10022 party of the first part, hereinafter referred to as OWNER, and Doris Leslie Blau, Ltd., having a principal place of business at 724 Fifth Avenue, New York, New York 10019, Party of the second part, hereinafter referred to as TENANT,
as Mortgagor to DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., as MortgageeMortgage and Security Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
THIS MORTGAGE AND SECURITY AGREEMENT (this “Mortgage”) is dated as of October 9, 2002 and is given by URBAN DEVELOPMENT PARTNERS (61), LLC, a Connecticut limited liability company, as mortgagor (“Mortgagor”), whose address is 457 Madison Avenue, New York, New York 10022, to DEUTSCHE BANC MORTGAGE CAPITAL, L.L.C., a Delaware limited liability company, as mortgagee, and its successors and/or assigns (“Mortgagee”), whose address is 31 West 52nd Street, 10th Floor, New York, New York 10019.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • March 2nd, 2011 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of the 1st day of October, 2010, by and between BLEECKER STREET CONDO, LLC, 382/384 BLEECKER, LLC, 382/384 PERRY RETAIL, LLC and BCS 387 LLC, each a Delaware limited liability company duly authorized to transact business in the State of New York, each having an address c/o Beck Street Capital, LLC, 100 Vandam Street, 4th Floor, New York, New York 10013 (collectively, “Seller”), and AMERICAN REALTY CAPITAL III, LLC, a Delaware limited liability company authorized to transact business in the State of New York, having an address at 405 Park Avenue, 15th Floor, New York, New York 10022 (“Purchaser”), and/or Purchaser’s permitted successors and assigns.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • October 5th, 2015 • New York REIT, Inc. • Real estate investment trusts • New York
This ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of September 30, 2015 by NEW YORK REIT, INC., a Maryland corporation and NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (collectively, jointly and severally, together with their respective successors and assigns, “Guarantor”) and ARC NY1440BWY1, LLC, a Delaware limited liability company (together with its successors and assigns, “Borrower”, and, collectively with Guarantor, jointly and severally, the “Indemnitor”) in favor of STRATEGIC ASSET SERVICES LLC, a Delaware limited liability company, not individually but solely in its capacity as Agent for the Lender under the Loan Agreement (together with its successors and permitted assigns under the Loan Agreement, the “Lender”).
TERMINATION AND RELEASE AGREEMENTTermination and Release Agreement • August 2nd, 2016 • New York REIT, Inc. • Real estate investment trusts • Maryland
This TERMINATION AND RELEASE AGREEMENT, dated as of August 2, 2016 (this “Agreement”), is made by and among New York REIT, Inc., a Maryland corporation (“Giants”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership and the operating partnership of Giants (the “Operating Partnership” and together with Giants, the “Giants Parties”), JBG Properties Inc., a Maryland corporation (“Jaguar Properties”), JBG/Operating Partners, L.P., a Delaware limited partnership (“Jaguar Operating Partners” and together with Jaguar Properties, the “Jaguar Management Entities”) and the Jaguar Properties affiliates listed on Schedule A to the Master Combination Agreement (as defined below) (the “Jaguar Funds” and together with the Jaguar Management Entities, the “Jaguar Parties” and together with the Giants Parties, collectively, the “Parties”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • June 1st, 2017 • New York REIT, Inc. • Real estate investment trusts • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of the 1st day of June, 2017 by NEW YORK REIT, INC., a Maryland corporation (“Indemnitor”), for the benefit of U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF COMM 2013-WWP MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, c/o Wells Fargo Bank, National Association, solely in its capacity as Master Servicer pursuant to that certain Trust and Servicing Agreement, dated as of April 1, 2013 (“Indemnitee”) and the other Indemnified Parties (defined below). As used herein “parties” or “Parties” means Indemnitors and Indemnitees and “party” or “Party” means any of them.
DOCUMENT PREPARED BY AND WHEN RECORDED, RETURN TO: Andrews Kurth LLPLoan Assumption Agreement • August 6th, 2010 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
AMENDED AND RESTATED MORTGAGE NOTEAmerican Realty Capital New York Recovery Reit Inc • December 20th, 2011 • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned ("Borrower") jointly and severally (if more than one) promises to pay to the order of New York Community Bank, a New York banking corporation, the principal sum of FIVE MILLION AND 00/100 Dollars (US $5,000,000.00), with interest accruing at the Interest Rate on the unpaid principal balance from the Disbursement Date until fully paid.
AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2009 (the “Dealer Manager Agreement”), with American Realty Capital New York Recovery REIT, Inc., a Maryland real estate investment trust (the “Company”), under which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) for its shares of common stock, $.01 par value per share, of which amount: (i) up to 150,000,000 shares for a purchase price of $10.00 per share (the “Primary Shares”), and (ii) up to 25,000,000 shares for a purchase price of $9.50 per share (the “DRP Shares” and, together with the Primary Shares, the (“Shares”) commencing on the Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Shares between Primary Shares and the DRP Shares. Unless otherwise defined herein, capitalized terms used herein shall h
