Forum Real Estate Income Fund Sample Contracts
DISTRIBUTION AGREEMENTDistribution Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
THIS AGREEMENT is made and entered into as of this 9th day of August, 2022, by and between Forum Real Estate Income Fund, a Delaware statutory trust, (the “Fund”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).
TRANSFER AGENCY AGREEMENTTransfer Agency Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
THIS TRANSFER AGENCY AGREEMENT (the “Agreement”) is made as of this 12 day of August, 2022, by and between Forum Real Estate Income Fund a Delaware statutory trust (the “Fund”), and UMB Fund Services, Inc., a Wisconsin corporation, its successors and assigns (the “Transfer Agent”).
CUSTODY AGREEMENT Dated April 12, 2021 Between UMB BANK, N.A. and FORUM CRE INCOME FUND CUSTODY AGREEMENTCustody Agreement • April 27th, 2021 • Forum CRE Income Fund
This agreement made as of the date first set forth above between UMB Bank, n.a., a national banking association with its principal place of business located in Kansas City, Missouri (hereinafter “Custodian”) and Forum CRE Income Fund, a Delaware statutory trust (the “Fund”).
ADMINISTRATION AND FUND ACCOUNTING AGREEMENTAdministration and Fund Accounting Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
THIS ADMINISTRATION AND FUND ACCOUNTING AGREEMENT (the “Agreement”) is made as of this 12 day of August, 2022, by and between Forum Real Estate Income Fund, a Delaware statutory trust (the “Fund”), and UMB Fund Services, Inc., a Wisconsin corporation, its successors and assigns (the “Administrator”).
FORUM CRE INCOME FUND (a Delaware statutory trust) AGREEMENT AND DECLARATION OF TRUST Dated as of April 5, 2021Agreement and Declaration of Trust • April 27th, 2021 • Forum CRE Income Fund
PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENTServices Agreement • May 10th, 2022 • Forum CRE Income Fund • Colorado
THIS PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT (the “Agreement”) is made effective as of April 27, 2022 (the “Effective Date”), between PINE Advisors LLC, (“PINE”), and Forum CRE Income Fund (the “Client”). PINE and Client are each referred to herein as a “Party,” and collectively, the “Parties.”
PRIVATE PLACEMENT AGENT AGREEMENTPrivate Placement Agent Agreement • April 27th, 2021 • Forum CRE Income Fund • Delaware
THIS AGREEMENT made as of this 26th day of April, 2021, by and among Forum CRE Income Fund, a Delaware statutory trust (the ”Fund”), Forum Capital Advisors, LLC, a Delaware limited liability company, the investment adviser to the Fund with its principal office and place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Investment Adviser”), and Foreside Fund Services, LLC, a Delaware limited liability company, with its principal office and place of business at Three Canal Plaza, Suite 100, Portland, Maine 04101 (“Placement Agent”).
FORESIDE FUND SERVICES, LLC DEALER AGREEMENT FORUM REAL ESTATE INCOME FUNDDealer Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
This agreement is made and effective as of this _____ day of _________________, 20__, by and between Foreside Fund Services, LLC (“Distributor”) and [DEALER NAME] (“Dealer” and, together with Distributor, the “Parties”);
PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENTPrincipal Financial Officer and Chief Compliance Officer Services Agreement • April 26th, 2024 • Forum Real Estate Income Fund
THIS PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT (the “Agreement”) is made effective as of April 28th, 2024 (the “Effective Date”), between PINE Advisors LLC, (“PINE”), and Forum Real Estate Income Fund, formerly known as Forum CRE Income Fund (the “Client”). PINE and Client are each referred to herein as a “Party,” and collectively, the “Parties.”
AMENDMENT No. 2 to Distribution AgreementDistribution Agreement • April 30th, 2025 • Forum Real Estate Income Fund • Delaware
THIS AMENDMENT is made and entered into as of this 19th day of October, 2024, by and between Forum Real Estate Income Fund, a Delaware statutory trust, (the “Fund”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).
SUB-ADVISORY AGREEMENTSub-Advisory Agreement • February 27th, 2026 • Forum Real Estate Income Fund • Delaware
THIS AGREEMENT (the “Agreement”) made as of this 20 day of June, 2025 by and between Forum Capital Advisors LLC, a Delaware limited liability company with its principal place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Adviser”), and Nuveen Asset Management, LLC, a Delaware limited liability company with its principal place of business at 333 West Wacker Drive, Chicago, IL 60606 (the “Sub-Adviser”).
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • April 30th, 2025 • Forum Real Estate Income Fund
THIS AGREEMENT dated as of October 19, 2024, is made and entered into by and between FORUM REAL ESTATE INCOME FUND, a Delaware statutory trust (the “Fund”), and FORUM CAPITAL ADVISORS LLC, a Delaware limited liability company (the “Adviser”).
AMENDED AND RESTATED SUB-ADVISORY AGREEMENTSub-Advisory Agreement • March 12th, 2026 • Forum Real Estate Income Fund • Delaware
THIS AGREEMENT (the “Agreement”) made as of this 12 day of November, 2025 by and between Forum Capital Advisors LLC, a Delaware limited liability company with its principal place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Adviser”), and Nuveen Asset Management, LLC, a Delaware limited liability company with its principal place of business at 333 West Wacker Drive, Chicago, IL 60606 (the “Sub-Adviser”).
AMENDED AND RESTATED INVESTMENT CONSULTANT AGREEMENT BETWEEN FORUM CAPITAL ADVISORS, LLC AND JANUS HENDERSON INVESTORS US LLCInvestment Consultant Agreement • September 26th, 2022 • Forum Real Estate Income Fund • Delaware
THIS AMENDED AND RESTATED INVESTMENT CONSULTANT AGREEMENT (this “Agreement”) made as of the 23rd day of May 2022 by and between Forum Capital Advisors, LLC, a Delaware limited liability company with its principal office and place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Adviser”) and Janus Henderson Investors US LLC formerly known as Janus Capital Management LLC, a Delaware limited liability company with its principal office and place of business at 151 Detroit Street Denver, CO 80206 United States (the “Investment Consultant”).
SECOND AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • April 28th, 2023 • Forum Real Estate Income Fund
THIS AGREEMENT dated as of April [●], 2023, is made and entered into by and between FORUM REAL ESTATE INCOME FUND, a Delaware statutory trust (the “Fund”), and FORUM CAPITAL ADVISORS LLC, a Delaware limited liability company (the “Adviser”).
FORUM REAL ESTATE INCOME FUND (formerly, Forum CRE Income Fund) AMENDED AND RESTATED INVESTMENT MANAGEMENT AGREEMENTInvestment Management Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
THIS AGREEMENT made as of August 1, 2022 by and between Forum Real Estate Income Fund (formerly, Forum CRE Income Fund), a Delaware statutory trust, with its principal office and place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Fund”), and Forum Capital Advisors, LLC, a Delaware limited liability company, with its principal office and place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Adviser”).
CREDIT AGREEMENTCredit Agreement • April 24th, 2026 • Forum Real Estate Income Fund
THIS CREDIT AGREEMENT dated as of March 30, 2026 (this “Agreement”) is entered into among FORUM REAL ESTATE INCOME FUND, a Delaware statutory trust (“FREIF”; FRIEF, together with any direct wholly-owned Subsidiary of FREIF that may from time to time become party hereto as a borrower, individually and collectively (jointly and severally), as the context may require, “Borrower”), the parties that may from time to time become parties hereto as guarantors under Section 16 (individually and collectively as the context may require, “Guarantor”), the financial institutions that are or may from time to time become parties hereto (together with their respective successors and assigns, the “Lenders”) and CIBC BANK USA (in its individual capacity, “CIBC US”), as administrative agent for the Lenders and as sole lead arranger.
FORUM CRE INCOME FUND EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • April 27th, 2021 • Forum CRE Income Fund
THIS AGREEMENT is made and entered into effective as of April 26, 2021, by and between Forum CRE Income Fund, a Delaware statutory trust (the “Fund”), and Forum Capital Advisors, LLC (the “Adviser”), a Delaware limited liability company.
FORUM REAL ESTATE INCOME FUND (FORMERLY, FORUM CRE INCOME FUND) (a Delaware statutory trust) AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUST Dated as of August 1, 2022 AMENDED AND RESTATED AGREEMENT AND DECLARATION OF TRUSTAmended and Restated Agreement and Declaration of Trust • September 13th, 2022 • Forum Real Estate Income Fund
WHEREAS, this Trust is a Delaware statutory trust formed pursuant to a Declaration of Trust filed with the Secretary of the State of Delaware on April 5, 2021 and the entering into of an Agreement and Declaration of Trust, made as of April 5, 2021 (which Declaration of Trust is hereby amended and restated in its entirety);
MASTER SERVICES AGREEMENTMaster Services Agreement • April 27th, 2021 • Forum CRE Income Fund • Ohio
This Master Services Agreement (this “Agreement”), dated April 22, 2021, is between Forum CRE Income Fund (the “Trust”), a Delaware statutory trust, and Ultimus Fund Solutions, LLC (“Ultimus”), a limited liability company organized under the laws of the state of Ohio.
TRANSFER AND ASSUMPTION AGREEMENTTransfer and Assumption Agreement • February 27th, 2026 • Forum Real Estate Income Fund • Delaware
This Transfer and Assumption Agreement (the “Agreement”) is made as of [May 1, 2026] (the “Effective Date”) by and among FREIF Advisors LLC, a Delaware limited liability company (the “Transferee”); Forum Capital Advisors LLC, a Delaware limited liability (the “Adviser”); and Forum Real Estate Income Fund, a Delaware statutory trust (the “Fund” and together with the Adviser, the “Transferor”).
PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENTPrincipal Financial Officer and Chief Compliance Officer Services Agreement • April 27th, 2021 • Forum CRE Income Fund • Colorado
THIS PRINCIPAL FINANCIAL OFFICER AND CHIEF COMPLIANCE OFFICER SERVICES AGREEMENT (the “Agreement”) is made effective as of April 26, 2021, between PINE Advisor Solutions, LLC (“PINE”) and Forum CRE Income Fund (the “Client”).
Amendment No. 1 to the Amended and Restated Agreement and Declaration of Trust of Forum Real Estate Income FundAmended and Restated Agreement and Declaration of Trust • April 28th, 2023 • Forum Real Estate Income Fund
This Amendment No. 1 (the “Amendment”) to the Amended and Restated Agreement and Declaration of Trust of Forum Real Estate Income Fund (formerly Forum CRE Income Fund) (the “Trust”) is made as of December 13, 2022 by the Trustees of the Trust. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Amended and Restated Agreement and Declaration of Trust dated as of August 1, 2022 (the “A&R Declaration of Trust”).
FOURTH AMENDED AND RESTATED EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • October 16th, 2024 • Forum Real Estate Income Fund
THIS AGREEMENT dated as of October 19, 2024, is made and entered into by and between FORUM REAL ESTATE INCOME FUND, a Delaware statutory trust (the “Fund”), and FORUM CAPITAL ADVISORS LLC, a Delaware limited liability company (the “Adviser”).
AMENDMENT No. 1 TO DISTRIBUTION AGREEMENTDistribution Agreement • August 20th, 2024 • Forum Real Estate Income Fund • Delaware
THIS AMENDMENT is made and entered into as of this 11 day of June, 2024, by and between Forum Real Estate Income Fund, a Delaware statutory trust, (the “Fund”) and Foreside Fund Services, LLC, a Delaware limited liability company (the “Distributor”).
SUB-ADVISORY AGREEMENT BETWEEN FORUM CAPITAL ADVISORS LLC AND JANUS HENDERSON INVESTORS US LLCSub-Advisory Agreement • September 13th, 2022 • Forum Real Estate Income Fund • Delaware
THIS SUB-ADVISORY AGREEMENT (this “Agreement”) made as of the 1st day of August, 2022 by and between Forum Capital Advisors LLC, a Delaware limited liability company with its principal office and place of business at 240 Saint Paul Street, Suite 400, Denver, CO 80206 (the “Adviser”) and Janus Henderson Investors US LLC formerly known as Janus Capital Management LLC, a Delaware limited liability company with its principal office and place of business at 151 Detroit Street Denver, CO 80206 United States (the “Sub-Adviser”).