CUSTODY AGREEMENT dated as of September 7, 2021 by and among (“Company”) and (“Custodian” and “Document Custodian”)Custody Agreement • January 28th, 2022 • CIM Real Assets & Credit Fund • New York
THIS CUSTODY AGREEMENT (this “Agreement”) is dated as of September 7, 2021 and is by and between CIM REAL ASSETS & CREDIT FUND (and any successor or permitted assign), a Delaware statutory trust, having its principal place of business at 4700 Wilshire Boulevard, Los Angeles, CA 90010, and U.S. BANK NATIONAL ASSOCIATION (or any successor or permitted assign acting hereunder), a national banking association, as custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Custodian”) and as document custodian (in such capacity, along with any successor or permitted assign acting as custodian hereunder, the “Document Custodian”).
DISTRIBUTION AGREEMENTDistribution Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund • New York
This Distribution Agreement (this “Agreement”), dated as of April 18, 2023, is made by and among CIM Real Assets & Credit Fund, a Delaware statutory trust (the “Fund”), CIM Capital IC Management, LLC, a Delaware limited liability company (the “Advisor”), and Northern Lights Distributors, LLC, a limited liability company organized under the laws of the state of Nebraska (“Distributor”), and will become effective as of June 9, 2023, or such other date as may be mutually agreed among the Fund, the Advisor and Distributor.
SELLING AGREEMENTSelling Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund • Nebraska
Northern Lights Distributors, LLC (the “Distributor”) serves as the principal underwriter of CIM Real Assets and Credit Fund (the “Fund”) a closed-end investment company, shares of which are distributed by Distributor at their respective net asset values plus sales charges as applicable, pursuant to a written agreement (the “Distribution Agreement”). Distributor invites you (the “Company”) to participate as a non-exclusive agent in the distribution of shares of the Fund upon the following terms and conditions:
AMENDED AND RESTATED INVESTMENT ADVISORY AND MANAGEMENT AGREEMENTInvestment Advisory and Management Agreement • January 26th, 2024 • CIM Real Assets & Credit Fund • New York
This Amended and Restated Investment Advisory and Management Agreement (“Agreement”) is made as of December 4, 2023 by and between CIM REAL ASSETS & CREDIT FUND, a Delaware statutory trust (the “Company”), and CIM CAPITAL IC MANAGEMENT, LLC, a Delaware limited liability company (the “Adviser”).
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
THIS SUB-ADVISORY AGREEMENT (this “Agreement”), dated as of February 28th, 2020, is entered into by and between (i) CIM Capital IC Management, LLC, a Delaware limited liability company (the “Adviser”) and (ii) OFS Capital Management, LLC, a Delaware limited liability company (the “Sub-Adviser”).
AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST of a Delaware Statutory TrustAgreement and Declaration of Trust • March 6th, 2020 • CIM Real Assets & Credit Fund
WHEREAS, this Trust is a Delaware statutory trust formed pursuant to Certificate of Trust filed with the Secretary of the State of Delaware on February 4, 2019 and the execution of an initial declaration of trust, dated as of February 4, 2019 that is amended and restated in its entirety hereby;
ADMINISTRATION AGREEMENTAdministration Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
This Administration Agreement (this “Agreement”) is made as of February 28th, 2020 by and between CIM RACR REAL ESTATE INVESTMENTS, INC., a Maryland corporation (the “Company”), and CIM CAPITAL IC MANAGEMENT, LLC, a Delaware limited liability company (the “Administrator”).
AMENDED AND RESTATED DEALER MANAGER AGREEMENT June 26, 2023Dealer Manager Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund
The undersigned, CIM Real Assets & Credit Fund (the “Company”), a Delaware statutory trust, is conducting a continuous offering (the “Offering”) of its common shares of beneficial interest (collectively, the “Shares”). The Company desires for CCO Capital, LLC, a Delaware limited liability company (the “Dealer Manager” or “you”), to act as its Dealer Manager in connection with the offer and sales of the Shares to the public in the Offering. In connection with the sales of Shares, the Company hereby confirms its agreement with you, as Dealer Manager, as follows:
AMENDMENT NUMBER ONE TO CREDIT AGREEMENTCredit Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund
EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENTExpense Limitation and Reimbursement Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
THIS EXPENSE LIMITATION AND REIMBURSEMENT AGREEMENT (the “Agreement”) is effective as of the 28th day of February, 2020, by and between CIM Real Assets & Credit Fund, a Delaware statutory trust (the “Company”), and the investment adviser to the Company, CIM Capital IC Management, LLC (the “Adviser”).
FORM OF BROKER-DEALER SELLING AGREEMENTBroker-Dealer Selling Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • Colorado
THIS BROKER-DEALER SELLING AGREEMENT (“Agreement”) made and entered into between ALPS Distributors, Inc. (“Distributor”), a Colorado corporation having its principal place of business at 1290 Broadway, Suite 1100, Denver, Colorado 80203, and ___________________________________, a _________________________ having its principal place of business at ________________________________________________________ (hereinafter “Broker-Dealer”).
INVESTMENT ADVISORY AND MANAGEMENT AGREEMENTInvestment Advisory and Management Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
This Investment Advisory and Management Agreement (“Agreement”) is made as of February 28th, 2020 by and between CIM RACR REAL ESTATE INVESTMENTS, INC., a Maryland corporation (the “Company”), and CIM CAPITAL IC MANAGEMENT, LLC, a Delaware limited liability company (the “Adviser”).
MASTER SERVICES AGREEMENTMaster Services Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund • New York
This Master Services Agreement (this “Agreement”), dated as of March 30 , 2023, is between CIM Real Assets & Credit Fund (the “Fund”), a Delaware statutory trust, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio, and will become effective as of June 9, 2023, or such other date as may be mutually agreed between the Fund and Ultimus (the “Agreement Effective Date”).
Form of Services AgreementServices Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
CUSTODY AGREEMENTCustody Agreement • November 30th, 2022 • CIM Real Assets & Credit Fund • Missouri
This Agreement is made as of March 21, 2022 by and between CIM Real Assets & Credit Fund, a registered investment company organized under the laws of the State of Delaware with its principal place of business located in Los Angeles, California (the “Company”) and UMB Bank, n.a., a national banking association with its principal place of business located in Kansas City, Missouri (the "Custodian").
MARKETING AGREEMENTMarketing Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
THIS MARKETING AGREEMENT is entered into effective as of the 18th day of February 2020, by and among ALPS Distributors, Inc., a Colorado corporation (the “Distributor”) and CCO Capital, LLC, a Delaware limited liability company (“CCO Capital”).
WHOLESALE MARKETING AGREEMENTWholesale Marketing Agreement • June 23rd, 2023 • CIM Real Assets & Credit Fund • New York
entered into effective as of the 18th day of April 2023 (the “Effective Date”), by and between Northern Lights Distributors, LLC, a Nebraska limited liability company (the “Distributor”) and CCO Capital, LLC, a Delaware limited liability company (“CCO Capital”).
CREDIT AGREEMENTCredit Agreement • January 28th, 2022 • CIM Real Assets & Credit Fund • California
THIS CREDIT AGREEMENT (this “Agreement”) dated as of December 23, 2021, is made by and between CIM REAL ASSETS & CREDIT FUND, a Delaware statutory fund (“Borrower”), and PACIFIC WESTERN BANK, a California state-chartered bank (“Lender”).
DISTRIBUTION AGREEMENTDistribution Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund • New York
This Distribution Agreement (this “Agreement”) is made as of February 18, 2020, between CIM Real Assets & Credit Fund, a Delaware statutory trust (the “Company”), and ALPS Distributors, Inc., a Colorado corporation (“ALPS”).
CUSTODY AGREEMENT Dated September 9, 2019 Between UMB BANK, N.A. andCustody Agreement • March 6th, 2020 • CIM Real Assets & Credit Fund
This Agreement made as of the date first set forth above by and between UMB Bank, n.a., a national banking association with its principal place of business located in Kansas City, Missouri (“Custodian”), and CIM Real Assets & Credit Fund, a registered investment company organized under the laws of the State of Delaware (the “Company”).
