FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • January 4th, 2011 • O'Donnell Strategic Gateway REIT, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 20 , by and between O’Donnell Strategic Gateway REIT, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).
ADVISORY AGREEMENT AMONG O’DONNELL STRATEGIC INDUSTRIAL REIT, INC., O’DONNELL STRATEGIC INDUSTRIAL REIT OPERATING PARTNERSHIP, LP, O’DONNELL STRATEGIC INDUSTRIAL ADVISORS, LLC AND O’DONNELL REIT ADVISORS, LLCAdvisory Agreement • June 15th, 2011 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Delaware
THIS ADVISORY AGREEMENT (this “Agreement”), dated as of June 6, 2011, and effective as of the date that the Registration Statement is declared effective by the SEC (the “Effective Date”), is entered into by and among O’Donnell Strategic Industrial REIT, Inc., a Maryland corporation (the “Company”), O’Donnell Strategic Industrial REIT Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), O’Donnell Strategic Industrial Advisors, LLC, a Delaware limited liability company (the “Advisor”), and, solely in connection with the obligations set forth in Section 12.03 hereof, O’Donnell REIT Advisors, LLC, a Delaware limited liability company (“Sponsor”). Capitalized terms used herein shall have the meanings ascribed to them in Section 1 below.
DEALER MANAGER AGREEMENT O’Donnell Strategic Industrial REIT, Inc. Up to $1,100,000,000 in Shares of Common Stock, $0.01 par value per share June 13, 2011Dealer Manager Agreement • June 15th, 2011 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • New York
O’Donnell Strategic Industrial REIT, Inc., a Maryland corporation (the “Company”), that intends to qualify to be taxed as a real estate investment trust for (a “REIT”) for federal income tax purposes has registered for public sale (the “Offering”) a maximum of $1.1 billion in shares of its common stock, $0.01 par value per share (the “Common Stock”), of which amount: (a) up to $1 billion in shares of Common Stock are being offered to the public pursuant to the Company’s primary offering (the “Primary Shares”); and (b) up to $100 million in shares of Common Stock are being offered to stockholders of the Company pursuant to the Company’s distribution reinvestment plan (the “DRIP Shares” and, together with the Primary Shares, the “Offered Shares”), all upon the terms and subject to the conditions set forth in the Prospectus (as defined in Section 1.1 below). The Primary Shares are to be issued and sold to the public on a “best efforts” basis through: (a) SC Distributors, LLC (the “Dealer
LIMITED PARTNERSHIP AGREEMENT OF O’DONNELL STRATEGIC INDUSTRIAL REIT OPERATING PARTNERSHIP, LP A DELAWARE LIMITED PARTNERSHIP June 6, 2011Limited Partnership Agreement • June 15th, 2011 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Delaware
This Limited Partnership Agreement is entered into this 6th day of June, 2011, between O’Donnell Strategic Industrial REIT, Inc., a Maryland corporation (the “General Partner”), and the Initial Limited Partner (defined below). Capitalized terms used herein but not otherwise defined shall have the meanings given them in Article 1.
ESCROW AGREEMENTEscrow Agreement • June 15th, 2011 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • California
O’DONNELL STRATEGIC INDUSTRIAL REIT, INC., a Maryland corporation (the “Company”), will issue in a public offering (the “Offering”) shares of its common stock (the “Stock”) pursuant to a Registration Statement on Form S-11 filed by the Company with the Securities and Exchange Commission. SC Distributors, LLC a Delaware limited liability company (the “Dealer Manager”), has agreed to serve as dealer manager for the Offering pursuant to a dealer manager agreement by and among the Company and the Dealer Manager (the “Dealer Manager Agreement”) and will offer the Stock through other registered broker-dealers that are members of FINRA (the “Participating Dealers”).
LOAN AGREEMENT Dated as of December 27, 2012 Between OD WM NORTH CAROLINA, LLC, a Delaware limited liability company as Borrower and FIFTH THIRD BANK, an Ohio banking corporation as LenderLoan Agreement • March 13th, 2013 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Illinois
THIS LOAN AGREEMENT, dated as of December 27, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between FIFTH THIRD BANK, an Ohio banking corporation, having an address at 222 South Riverside Plaza, 30th Floor, Chicago, Illinois 60606 (together with its successors and assigns, collectively, “Lender”) and OD WM NORTH CAROLINA, LLC, a Delaware limited liability company, having an address at 3 San Joaquin Plaza, Suite 160, Newport Beach, California 92660 (“Borrower”).
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • March 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Louisiana
MODIFICATION OF LOAN DOCUMENTSModification of Loan Documents • April 1st, 2013 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Illinois
THIS MODIFICATION OF LOAN DOCUMENTS (this “Agreement” or “Modification”) is dated effective as of March 20, 2013, among OD WM NORTH CAROLINA, LLC, a Delaware Illinois limited partnership (“Borrower”), FIFTH THIRD BANK, an Ohio banking corporation (“Lender”), and DOUGLAS D. O’DONNELL (“O’Donnell”), DOUGLAS D. O’DONNELL, AS TRUSTEE OF THE DOD TRUST ESTABLISHED AUGUST 29, 2002 (“DOD Trust”), O’DONNELL STRATEGIC INDUSTRIAL REIT OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Operating Partnership”) and O’DONNELL STRATEGIC INDUSTRIAL REIT, a Maryland corporation (“REIT”; O’Donnell, DOD Trust, Operating Partnership and REIT are referred to herein individually as “Guarantor”, and collectively, as “Guarantors”).
ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALEAssignment of Agreement for Purchase and Sale • March 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this “Assignment”) is made and entered into as of the 23rd day of February, 2012, by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability company (“ODA”) and OD FDX LOUISIANA, LLC, a Delaware limited liability company (“ODFL”), with respect to the following:
AMENDMENT TO ESCROW AGREEMENTEscrow Agreement • July 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
This AMENDMENT TO ESCROW AGREEMENT (this “Amendment”) is made as of July 27, 2012, by and among O’Donnell Strategic Industrial REIT, Inc., (the “Company”), SC Distributors, LLC (the “Dealer Manager”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”). The Company, the Dealer Manager and the Escrow Agent are collectively referred to as the “Parties.”
ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALEAssignment of Agreement for Purchase and Sale • March 13th, 2013 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this “Assignment”) is made and entered into as of the 27th day of December, 2012, by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability company (“ODA”) and OD WM NORTH CAROLINA, LLC, a Delaware limited liability company (“ODWM”), with respect to the following:
FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • March 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is dated for reference purposes as of January 12, 2011, and is entered into by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability (“Buyer), and CAJUN FXF, L.L.C., a Missouri limited liability company (“Seller”).
LIMITED PARTNERSHIP AGREEMENT OF O’DONNELL STRATEGIC GATEWAY REIT OPERATING PARTNERSHIP, LP A DELAWARE LIMITED PARTNERSHIPLimited Partnership Agreement • October 27th, 2010 • O'Donnell Strategic Gateway REIT, Inc. • Delaware
This Limited Partnership Agreement is entered into this ____ day of __________________, 2010, between O’Donnell Strategic Gateway REIT, Inc., a Maryland corporation (the “General Partner”), and the Initial Limited Partner (defined below). Capitalized terms used herein but not otherwise defined shall have the meanings given them in Article 1.
SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAgreement for Purchase and Sale of Real Property • March 13th, 2013 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY (this “Amendment”) is dated for reference purposes as of November 21, 2012, and is entered into by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability (“Buyer), and 280 BUSINESS PARK REALTY, LTD, PARTNERSHIP, a North Carolina limited partnership (“Seller”).
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • November 14th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts • Florida
ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALEAssignment of Agreement for Purchase and Sale • March 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this “Assignment”) is made and entered into as of the 23rd day of February, 2012, by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability company (“ODA”) and OD FDX MASSACHUSETTS, LLC, a Delaware limited liability company (“ODFM”), with respect to the following:
ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALEAssignment of Agreement for Purchase and Sale • November 14th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF AGREEMENT FOR PURCHASE AND SALE (this “Assignment”) is made and entered into as of the 10th day of September, 2012, by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability company (“ODA”) and OD FLOWERS TAMPA, LLC, a Delaware limited liability company (“ODFT”), with respect to the following:
FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • March 30th, 2012 • O'Donnell Strategic Industrial REIT, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (this “Amendment”) is dated for reference purposes as of January 12, 2011, and is entered into by and between O’DONNELL ACQUISITIONS, LLC, a California limited liability (“Buyer), and HILLSIDE FXF, LLC, a Missouri limited liability company (“Seller”).
