INDEMNIFICATION AGREEMENTIndemnification Agreement • August 11th, 2015 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the 3rd day of August, 2015, by and between American Realty Capital - Retail Centers of America II, Inc., a Maryland corporation (the “Company”), and Lisa D. Kabnick (the “Indemnitee”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • March 31st, 2015 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the 31st day of December, 2014, by and between American Realty Capital - Retail Centers of America II, Inc., a Maryland corporation (the “Company”), and William M. Kahane, Robert T. Cassato, B.J. Penn, Nicholas S. Schorsch, Kase Abusharkh, Patrick Goulding, Nicholas Radesca, Peter M. Budko, American Realty Capital II Advisors, LLC, AR Capital, LLC and RCS Capital Corporation (each, an “Indemnitee”).
AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P. Dated as of September 25, 2014American Realty Capital - Retail Centers of America II, Inc. • November 14th, 2014 • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of September 25, 2014, is entered into among AMERICAN REALTY CAPITAL RETAIL CENTERS OF AMERICA II, INC., a Maryland corporation, as general partner (the “General Partner”), AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL – RETAIL CENTERS OF AMERICA II, INC. UP TO 151,315,789 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT September 25, 2014Exclusive Dealer Manager Agreement • November 14th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
American Realty Capital – Retail Centers of America II, Inc. (the “Company”) is a Maryland corporation that intends to elect to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes commencing with the taxable year ending December 31, 2014, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 125,000,000 shares (the “Primary Shares”) of its common stock, $0.01 par value per share (“Common Stock”), in the primary offering (the “Primary Offering”), and (b) up to 26,315,789 shares of its Common Stock (the “DRP Shares” and, together with the Primary Shares, the “Shares”), 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 i
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL — RETAIL CENTERS OF AMERICA II, INC., AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P., AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC Dated as of [___________], 2014...Advisory Agreement • September 15th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of [__________], 2014, is entered into among American Realty Capital – Retail Centers of America II, Inc., a Maryland corporation (the “Company”), American Realty Capital Retail II Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”) and American Realty Capital Retail II Advisors, LLC, a Delaware limited liability company (the “Advisor”).
AMERICAN REALTY CAPITAL — RETAIL CENTERS OF AMERICA II, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • September 15th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2014 (the “Dealer Manager Agreement”), with American Realty Capital — Retail Centers of America II, Inc., a Maryland corporation (the “Company”) and American Realty Capital Retail II Advisors, LLC, pursuant to which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) of (i) up to 125,000,000 shares of the Company's common stock, $0.01 par value per share (“Common Stock”) offered to the public in the primary offering (the “Primary Shares”), and (ii) up to 26,315,789 shares of Common Stock offered pursuant to the Company's distribution reinvestment plan (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 S
AMERICAN REALTY CAPITAL – RETAIL CENTERS OF AMERICA II, INC. UP TO 151,315,789 SHARES OF COMMON STOCK FORM OF EXCLUSIVE DEALER MANAGER AGREEMENTDealer Manager Agreement • September 15th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
PROPERTY MANAGEMENT AGREEMENT by and between AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC and AMERICAN REALTY CAPITAL − RETAIL CENTERS OF AMERICA II, INC.Property Management Agreement • November 14th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS PROPERTY MANAGEMENT AGREEMENT is made as of September 25, 2014 (the “Property Management Agreement”) by and between AMERICAN REALTY CAPITAL − RETAIL CENTERS OF AMERICA II, INC., a Maryland corporation (the “Company”) and AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC, a Delaware limited liability company (the “Property Manager”).
LEASING AGREEMENTLeasing Agreement • November 14th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS LEASING AGREEMENT (this “Leasing Agreement”) is made as of September 25, 2014 by and between AMERICAN REALTY CAPITAL – RETAIL CENTERS OF AMERICA II, INC., a Maryland corporation (the “Company”) and AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC, a Delaware limited liability company (the “Leasing Agent”). Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Property Management Agreement, dated the date hereof, by and between the Leasing Agent and the Company (the “Property Management Agreement”).
ESCROW AGREEMENTEscrow Agreement • November 14th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of September 25, 2014 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital – Retail Centers of America II, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL — RETAIL CENTERS OF AMERICA II, INC., AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P., AMERICAN REALTY CAPITAL RETAIL II ADVISORS, LLC Dated as of September 25, 2014 ADVISORY AGREEMENTAdvisory Agreement • November 14th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of September 25, 2014, is entered into among American Realty Capital – Retail Centers of America II, Inc., a Maryland corporation (the “Company”), American Realty Capital Retail II Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”) and American Realty Capital Retail II Advisors, LLC, a Delaware limited liability company (the “Advisor”).
FORM OF ESCROW AGREEMENTForm of Escrow Agreement • August 18th, 2014 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of [●], 2014 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital – Retail Centers of America II, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P.Agreement • June 1st, 2015 • American Realty Capital - Retail Centers of America II, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL RETAIL II OPERATING PARTNERSHIP, L.P. (this “Amendment”), is made as of May 29, 2015 by AMERICAN REALTY CAPITAL—RETAIL CENTERS OF AMERICA II, INC., a Maryland corporation, as general partner (the “General Partner”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Agreement of Limited Partnership of the Partnership, dated as of September 25, 2014 (the “Partnership Agreement”).
