FIFTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BCI IV OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP October 30, 2019Limited Partnership Agreement • November 1st, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Delaware
This Fifth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of October 30, 2019, between Black Creek Industrial REIT IV Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto. Capitalized terms used herein but not otherwise defined shall have the meanings given them in Article 1.
CREDIT AGREEMENT dated as of September 18, 2017 among BCI IV OPERATING PARTNERSHIP LP The Lenders Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A., as Syndication Agent and U.S. BANK NATIONAL...Credit Agreement • September 21st, 2017 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT (this “Agreement”) dated as of September 18, 2017 among BCI IV OPERATING PARTNERSHIP LP, a Delaware limited partnership, the LENDERS party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A., as Syndication Agent, WELLS FARGO SECURITIES, LLC, as Joint Lead Arranger and Joint Bookrunner, MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, as Joint Lead Arranger and Joint Bookrunner and U.S. BANK NATIONAL ASSOCIATION, as Joint Lead Arranger and Documentation Agent.
AMENDED AND RESTATED ADVISORY AGREEMENT (2020) among BLACK CREEK INDUSTRIAL REIT IV INC., BCI IV OPERATING PARTNERSHIP LP and BCI IV ADVISORS LLCAdvisory Agreement • June 15th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
Second Amended and Restated DEALER MANAGER AGREEMENTDealer Manager Agreement • March 9th, 2022 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts • Colorado
This Second Amended and Restated Dealer Manager Agreement (the “Agreement”), dated February 11, 2022, is entered into by and between Ares Industrial Real Estate Income Trust Inc., a Maryland corporation (the “Company”), and Ares Wealth Management Solutions, LLC, a Colorado limited liability company (the “Dealer Manager”).
SELECTED DEALER AGREEMENT October 28, 2019Selected Dealer Agreement • November 1st, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Creek
Each of Black Creek Industrial REIT IV Inc., a Maryland corporation (the “Company”), Black Creek Capital Markets, LLC, a Colorado limited liability company (the “Dealer Manager”), BCI IV Advisors LLC, a Delaware limited liability company (the “Advisor”), and BCI IV Advisors Group LLC, a Delaware limited liability company (the “Sponsor”), hereby confirms its agreement with Ameriprise Financial Services, Inc., a Delaware corporation (“Ameriprise”), as follows:
LOGO] BLACK CREEK INDUSTRIAL REIT IV INC. Up to $2,000,000,000 in Shares of Common Stock FORM OF SELECTED DEALER AGREEMENTSelected Dealer Agreement • May 24th, 2017 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
Dividend Capital Securities LLC, as the dealer manager (the “Dealer Manager”) for Black Creek Industrial REIT IV Inc. (the “Company”), a Maryland corporation that intends to qualify to be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of Class T shares (the “Class T Shares”), Class W shares (the “Class W Shares”) and Class I shares (the “Class I Shares”) of common stock, $0.01 par value per share (the Class T Shares, the Class W Shares and the Class I Shares collectively, the “Shares”) of the Company subject to the following terms:
INDEMNIFICATION AGREEMENTIndemnification Agreement • July 1st, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the [ ] day of [ ], 20[ ] by and between Industrial Logistics Realty Trust Inc., a Maryland corporation (the “Company”), and [ ], a director and/or officer of the Company (the “Indemnitee”).
AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • July 1st, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts • Colorado
THIS AMENDED AND RESTATED MANAGEMENT AGREEMENT (“Agreement”) is made and entered into as of the 1st day of July, 2016, by and between ILT OPERATING PARTNERSHIP LP, a Delaware limited partnership (“Owner”), and DIVIDEND CAPITAL PROPERTY MANAGEMENT LLC., a Colorado limited liability company (“Manager”).
Eleventh AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF AIREIT Operating PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP February 13, 2023Limited Partnership Agreement • April 4th, 2023 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts • Delaware
AMENDED AND RESTATED ADVISORY AGREEMENT (2024) among ARES INDUSTRIAL REAL ESTATE INCOME TRUST INC., AIREIT OPERATING PARTNERSHIP LP and ARES COMMERCIAL REAL ESTATE MANAGEMENT LLCAdvisory Agreement • May 3rd, 2024 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts
BLACK CREEK INDUSTRIAL REIT IV INC. RESTRICTED STOCK AGREEMENT FOR [INSERT NAME OF RECIPIENT]Restricted Stock Agreement • March 6th, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Maryland
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • July 1st, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts • Colorado
THIS AMENDED AND RESTATED ESCROW AGREEMENT (this “Agreement”) made and entered into as of July 1, 2016 by and among Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”), Industrial Logistics Realty Trust Inc., a Maryland corporation (the “Company”), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow Agent”).
AGREEMENT OF LIMITED PARTNERSHIP OFLimited Partnership Agreement • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of Build- To-Core Industrial Partnership II LP, a Delaware limited partnership (the “Partnership”) is made and entered into as of May 19, 2017 (the “Effective Date”), by and among: (a) IPT BTC II GP LLC, a Delaware limited liability company, as general partner (the “General Partner”), which is a subsidiary of IPT Real Estate Holdco LLC, a Delaware limited liability company (“IPT HoldCo”), which in turn is a subsidiary of Industrial Property Operating Partnership LP (“IPT OpCo”), which in turn is a subsidiary of Industrial Property Trust Inc. (“IPT”); (b) IPT BTC II LP LLC, a Delaware limited liability company, which is a subsidiary of IPT HoldCo, which in turn is a subsidiary of IPT OpCo, which in turn is a subsidiary of IPT, as a limited partner (the “IPT Limited Partner” and, together with the General Partner, collectively, the “IPT Partners”); (c) Industrial Property Advisors Sub IV LLC, a Delaware limited liability company (t
Ares Industrial Real Estate Income Trust Inc. THIRD Amended and Restated SHARE REDEMPTION PROGRAM As adopted by the Board of Directors, effective August 2, 2024Share Redemption Program • August 6th, 2024 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts
Advisory Agreement - Shall mean the Second Amended and Restated Advisory Agreement (2024), dated as of August 2, 2024, by and among Ares Industrial Real Estate Income Trust Inc., AIREIT Operating Partnership LP and Ares Commercial Real Estate Management LLC, as amended from time to time.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • April 18th, 2018 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Florida
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of March 7, 2018 (the “Effective Date”), by and between ARCTIC PARTNERS, LTD., a Florida Limited Partnership, having an address at 9 Island Avenue, Apartment 706 Miami Beach, Florida 33139 (“Seller”), and BCI IV ACQUISITIONS LLC, a Delaware limited liability company, having an address at 518 17th Street, 17th Floor, Denver, Colorado 80202 (“Buyer”).
ARES INDUSTRIAL REAL ESTATE INCOME TRUST INC. FORM OF SELECTED DEALER AGREEMENTSelected Dealer Agreement • April 14th, 2022 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts • Colorado
Ares Wealth Management Solutions, LLC, as the dealer manager (the “Dealer Manager”) for Ares Industrial Real Estate Income Trust Inc. (the “Company”), a Maryland corporation that intends to qualify to be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of Class T shares (the “Class T Shares”), Class D shares (the “Class D Shares”) and Class I shares (the “Class I Shares”) of common stock, $0.01 par value per share (the Class T Shares, the Class D Shares and the Class I Shares collectively, the “Shares”) of the Company subject to the following terms:
INDUSTRIAL LOGISTICS REALTY TRUST INC. Amended and Restated Share Redemption Program As Adopted by the Board of Directors, effective July 1, 2016Share Redemption Program • July 1st, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts
Company – Shall mean Industrial Logistics Realty Trust Inc. The Company may be referred to as “we” or “our” within the context of this document.
INTEREST PURCHASE AGREEMENT BETWEENInterest Purchase Agreement • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Maryland
This INTEREST PURCHASE AGREEMENT, dated as of July 15, 2020 (this “Agreement”), is by and between BCI IV Portfolio Real Estate Holdco LLC (“BCI IV Holdco”), a Delaware limited liability company and an indirect subsidiary of Black Creek Industrial REIT IV Inc., a Maryland corporation (“BCI IV”), and Industrial Property Operating Partnership LP (“Company OP”), a Delaware limited partnership and a direct subsidiary of Industrial Property Trust, a Maryland real estate investment trust (the “Company). Each of BCI IV Holdco and Company OP is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article 1.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • August 13th, 2018 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT is made as of the 4th day of June, 2018, by and between Pescadero Land Holdings, LLC, a Delaware limited liability company ("Seller"), and BCI IV Pescadero DC LP, a Delaware limited partnership ("Purchaser").
AGREEMENTPartnership Agreement • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
THIS AGREEMENT (this “Agreement”) is entered into this 19th day of May, 2017, by and among IPT BTC II GP LLC, a Delaware limited liability company (the “General Partner”) and Industrial Property Advisors Sub III LLC, a Delaware limited liability company (the “Advisor Sub”). The General Partner is an indirect subsidiary of Industrial Property Trust Inc., a Maryland corporation (“IPT”).
THIRD AMENDED AND RESTATED EXPENSE SUPPORT AGREEMENTExpense Support Agreement • June 15th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
This THIRD AMENDED AND RESTATED EXPENSE SUPPORT AGREEMENT (the “Agreement”) is dated as of June 12, 2020 (the “Effective Date”), by and among Black Creek Industrial REIT IV Inc., a Maryland corporation (the “Corporation”), BCI IV Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”) and BCI IV Advisors LLC, a Delaware limited liability company (the “Advisor”).
SECOND AMENDED AND RESTATED CREDIT AGREEMENT dated as of November 19, 2019 among BCI IV OPERATING PARTNERSHIP LP The Lenders Party Hereto and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent, BANK OF AMERICA, N.A., as Syndication Agent,...Credit Agreement • November 22nd, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • New York
WHEREAS, the Lenders previously made available to the Borrower (i) a $300,000,000 revolving credit facility, with a $25,000,000 swingline subfacility and a $25,000,000 letter of credit subfacility (collectively, the “Existing Revolving Facility”) and (ii) a $200,000,000 senior delayed-draw term loan facility (the “Existing Term Loan Facility” and, together with the Existing Revolving Facility, the “Existing Facilities”), in each case pursuant to the First Amended and Restated Credit Agreement, dated as of February 21, 2019, by and among the Borrower, the financial institutions party thereto as “Lenders,” Wells Fargo, as Administrative Agent, and the other agent parties thereto, if any, as modified by that certain Incremental Revolving Commitment Assumption Agreement, dated September 20, 2019 (as heretofore amended, modified or supplemented from time to time, collectively, the “Existing Agreement”).
FORM OF SELECTED DEALER AGREEMENTSelected Dealer Agreement • January 4th, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
Black Creek Capital Markets, LLC, as the dealer manager (the “Dealer Manager”) for Black Creek Industrial REIT IV Inc. (the “Company”), a Maryland corporation that intends to qualify to be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of Class T shares (the “Class T Shares”), Class W shares (the “Class W Shares”) and Class I shares (the “Class I Shares”) of common stock, $0.01 par value per share (the Class T Shares, the Class W Shares and the Class I Shares collectively, the “Shares”) of the Company subject to the following terms:
AGREEMENT REGARDING ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption Agreement • April 18th, 2018 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
THIS AGREEMENT REGARDING ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT (“Assignment Agreement”) is made and entered into by LANIC ENGINEERING, INC., a California corporation (“Assignor”), and BCI IV ACQUISITIONS LLC, a Delaware limited liability company (“Assignee”), as of February 23, 2018 (“Effective Date”).
COST REIMBURSEMENT AGREEMENTCost Reimbursement Agreement • November 1st, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
This Cost Reimbursement Agreement (this “Agreement”) dated as of the 28th day of October, 2019, by and among each of Black Creek Capital Markets, LLC, a Colorado limited liability company (the “Dealer Manager”), Black Creek Industrial REIT IV Inc., a Maryland corporation (the “Company”), BCI IV Advisors Group LLC, a Delaware limited liability company (the “Sponsor”), BCI IV Advisors LLC, a Delaware limited liability company (the “Advisor” and together with the Dealer Manager, the Sponsor, and the Company, the “Issuer Entities”), and American Enterprise Investment Services Inc. (“AEIS”).
CREDIT AGREEMENTdated as ofMay 6, 2021amongBCI IV OPERATING PARTNERSHIP LP, as Borrower, JPMORGAN CHASE BANK , N.A., as Administrative Agent, Joint Lead Arranger and Joint BookrunnerWELLS FARGO BANK, N.A., BANK OF AMERICA, N.A., PNC BANK, NATIONAL...Credit Agreement • March 20th, 2023 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts
CONTRIBUTION, DISTRIBUTION AND REDEMPTION AGREEMENTContribution, Distribution and Redemption Agreement • June 15th, 2021 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Delaware
THIS CONTRIBUTION, DISTRIBUTION AND REDEMPTION AGREEMENT (this “Agreement”), dated as of June 15, 2021 (the “Effective Date”), is made and entered into by and between Build-To-Core Industrial Partnership I LP, a Delaware limited partnership (the “Partnership”) and Industrial Property Advisors Sub I LLC, a Delaware limited liability company (“Special LP”). Each of the Partnership and Special LP are collectively referred to herein as the “Parties” and individually referred to herein as a “Party”. Capitalized terms used and not otherwise defined herein shall have the meanings given to such terms in the Partnership Agreement (as defined below).
EXPENSE SUPPORT AGREEMENTExpense Support Agreement • November 2nd, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts • Colorado
This EXPENSE SUPPORT AGREEMENT (the “Agreement”) is dated as of October 27, 2016 and effective as of October 1, 2016 (“Effective Date”) by and between Industrial Logistics Realty Trust Inc., a Maryland corporation (the “Corporation”), ILT Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”) and ILT Advisors LLC, a Delaware limited liability company (the “Advisor”).
Escrow AgreementEscrow Agreement • December 7th, 2016 • Industrial Logistics Realty Trust Inc. • Real estate investment trusts • Georgia
This Agreement is being entered into in connection with the transactions described in the Confidential Private Placement Memorandum dated November 9, 2016 regarding the offering by the REIT to 125 investors (the “PPM”), each investor to purchase shares of common stock and a promissory note in the principal amount of $3,003.20 (each, a “Note” and collectively the “Notes”). A form of Note is attached as Exhibit A.
FIRST AMENDMENT TO AGREEMENTSecond Amended and Restated Agreement • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
THIS FIRST AMENDMENT (this “Amendment”) to the Second Amended and Restated Agreement, dated as of September 15, 2016 (the “Agreement”), by and between IPT BTC I GP LLC, a Delaware limited liability company (the “General Partner”), and Industrial Property Advisors Sub I LLC, a Delaware limited liability company (the “Advisor Sub”), is entered into as of July 15, 2020 by and among the General Partner and Advisor Sub.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 20th, 2023 • ARES INDUSTRIAL REAL ESTATE INCOME TRUST Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of May 9, 2022 (this “Agreement”), is among AIREIT OPERATING PARTNERSHIP LP (f/k/a BCI IV OPERATING PARTNERSHIP LP), a Delaware limited partnership (the “Borrower”), the other Loan Parties (as defined in the Amended Credit Agreement (defined below)) solely for purpose of Section IV hereof, JPMORGAN CHASE BANK, N.A., as Administrative Agent (in such capacity, the “Agent”), and the Lenders (constituting Required Lenders) party hereto.
PURCHASE AGREEMENT (ElDorado Business Park, 7445, 7465 and 7485 Dean Martin Drive, Las Vegas, Clark County, Nevada 89139 and Cameron Business Center, 4701 Cameron Street, Las Vegas, Clark County, Nevada 89103)Purchase Agreement • August 12th, 2019 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
THIS PURCHASE AGREEMENT (this “Agreement”) is made and entered into as of May 13, 2019 (the “Effective Date”), by and among TLF LOGISTICS II CAMERON BUSINESS CENTER, LLC, a Delaware limited liability company (“Cameron”), and TLF LOGISTICS II ELDORADO BUSINESS CENTER, LLC, a Delaware limited liability company (“Eldorado,” and together with Cameron, “Sellers”), and BCI IV ACQUISITIONS LLC, a Delaware limited liability company (“Buyer”).
AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENT (2020)Advisory Agreement • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED ADVISORY AGREEMENT (2020) (this “Amendment”), dated and effective as of July 15, 2020, is entered into by and among Black Creek Industrial REIT IV Inc., a Maryland corporation (the “Corporation”), BCI IV Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and BCI IV Advisors LLC, a Delaware limited liability company (the “Advisor”). The Corporation, the Operating Partnership and the Advisor are collectively referred to in this Amendment as the “Parties.” Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Advisory Agreement (as defined below).
BLACK CREEK INDUSTRIAL REIT IV INC. FORM OF SELECTED DEALER AGREEMENTDealer Manager Agreement • February 17th, 2021 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Colorado
Black Creek Capital Markets, LLC, as the dealer manager (the “Dealer Manager”) for Black Creek Industrial REIT IV Inc. (the “Company”), a Maryland corporation that intends to qualify to be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of Class T shares (the “Class T Shares”), Class W shares (the “Class W Shares”) and Class I shares (the “Class I Shares”) of common stock, $0.01 par value per share (the Class T Shares, the Class W Shares and the Class I Shares collectively, the “Shares”) of the Company subject to the following terms:
THIRD AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIPAgreement of Limited Partnership • November 10th, 2020 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Delaware
THIS THIRD AMENDMENT (this “Amendment”) to the Agreement of Limited Partnership of Build-to-Core Industrial Partnership II LP, a Delaware limited partnership (the “Partnership”), in entered into as of July 15, 2020 by IPT BTC II GP LLC, a Delaware limited liability company, in its capacity as general partner of the Partnership (the “General Partner”).
