EX-99 Investors Real Estate Trust SUBSCRIPTION AGREEMENTSubscription Agreement • November 13th, 1998 • Investors Real Estate Trust • Real estate investment trusts
EXHIBIT 10(1)Marketing Agreement • November 26th, 1997 • Investors Real Estate Trust • Real estate investment trusts
Term Loan Agreement Dated as of November 22, 2022 among Centerspace, LP, as Borrower the Guarantors from time to time party hereto, the Lenders from time to time party hereto, and PNC Bank, National Association, as Administrative Agent PNC Capital...Term Loan Agreement • November 28th, 2022 • Centerspace • Real estate investment trusts • New York
This Term Loan Agreement (this “Agreement”) is entered into as of November 22, 2022, by and among Centerspace, LP, a North Dakota limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, and PNC Bank, National Association, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.
Third Amended and Restated Credit Agreement Dated as of September 30, 2021 among Centerspace, LP, as Borrower the Guarantors from time to time party hereto, the Lenders from time to time party hereto, Bank of America, N.A. and PNC Bank, National...Credit Agreement • September 30th, 2021 • Centerspace • Real estate investment trusts • New York
This Third Amended and Restated Credit Agreement (this “Agreement”) is entered into as of September 30, 2021, by and among Centerspace, LP (f/k/a IRET PROPERTIES), a North Dakota limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Bank of America, N.A. and PNC Bank, National Association, as Syndication Agents, and Bank of Montreal, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.
Investors Real Estate Trust EX-99 SUBSCRIPTION AGREEMENT AMOUNT $__________________ NUMBER OF COMMON SHARES ________________ OWNERSHIP Name(s)________________________________________________________________________ REGISTRATION: Address...Subscription Agreement • August 9th, 1999 • Investors Real Estate Trust • Real estate investment trusts
INVESTORS REAL ESTATE TRUST 6,000,000 COMMON SHARES OF BENEFICIAL INTEREST (NO PAR VALUE, PER SHARE) UNDERWRITING AGREEMENTUnderwriting Agreement • October 22nd, 2007 • Investors Real Estate Trust • Real estate investment trusts • Illinois
ROBERT W. BAIRD & CO. INCORPORATED D.A. Davidson & Co. J.J.B. Hilliard, W.L. Lyons, Inc. c/o Robert W. Baird & Co. Incorporated 777 East Wisconsin Avenue Milwaukee, Wisconsin 53202
EX-3(ii)Partnership Agreement • November 26th, 1997 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
INVESTORS REAL ESTATE TRUST $150,000,000 Common Shares of Beneficial Interest EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • November 7th, 2019 • Investors Real Estate Trust • Real estate investment trusts • New York
Investors Real Estate Trust, a North Dakota real estate investment trust (the “Company”), and IRET Properties, a North Dakota Limited Partnership (the “Operating Partnership”), each confirms its agreement (this “Agreement”) with BMO Capital Markets Corp., BTIG, LLC, Jefferies LLC, Raymond James & Associates, Inc. and Robert W. Baird & Co. Incorporated (each an “Agent” and collectively, the “Agents”), with respect to the issuance and sale from time to time by the Company of shares (the “Shares”) of the Company’s common shares of beneficial interest, no par value per share (“Common Shares”), having an aggregate offering price of up to $150,000,000 (the “Maximum Amount”) through or to the Agents, acting as sales agent or principal, on the terms and subject to the conditions set forth in this Agreement.
OFLimited Partnership Agreement • February 18th, 1997 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
EX-1(i) FORM S-11 INVESTORS REAL ESTATE TRUST SECURITY SALES AGREEMENT THIS AGREEMENT, made this _____ day of August, 1999, between INVESTORS REAL ESTATE TRUST, A North Dakota Business Trust, 12 South Main, Minot, North Dakota 58701 (hereinafter...Security Sales Agreement • August 9th, 1999 • Investors Real Estate Trust • Real estate investment trusts
AGREEMENT FOR SALE AND PURCHASE OF PROPERTY EDGEWOOD VISTA 1 SENIOR HOUSING ASSETS PORTFOLIO BETWEEN IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP (Seller) AND EDGEWOODVISTA SENIOR LIVING, INC., EDGEWOOD PROPERTIES MANAGEMENT LLC, AND EDGEWOOD...Agreement for Sale and Purchase of Property • December 12th, 2016 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
This AGREEMENT FOR SALE AND PURCHASE OF PROPERTY (this “Agreement”) is made and entered into effective as of the later date of signature set forth on the signature page (the “Contract Date”), by and between IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP (the “Seller”), and EDGEWOODVISTA SENIOR LIVING, INC., a North Dakota corporation, EDGEWOOD PROPERTIES MANAGEMENT LLC, a North Dakota limited liability company, and EDGEWOOD PROPERTIES, LLLP, a North Dakota limited liability limited partnership (collectively, the “Buyer”). The current notice address of each party is set forth in Section 15 below.
First Amendment to Third Amended and Restated Credit AgreementCredit Agreement • June 2nd, 2023 • Centerspace • Real estate investment trusts • New York
This Third Amended and Restated Credit Agreement (this “Agreement”) is entered into as of September 30, 2021, by and among Centerspace, LP (f/k/a IRET PROPERTIES), a North Dakota limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, Bank of America, N.A. and PNC Bank, National Association, as Syndication Agents, and Bank of Montreal, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.
Common Shares Underwriting AgreementUnderwriting Agreement • April 5th, 2013 • Investors Real Estate Trust • Real estate investment trusts • New York
Investors Real Estate Trust, a North Dakota real estate investment trust (the "Company"), proposes, subject to the terms and conditions stated herein, to issue and sell an aggregate of 5,750,000 shares (the "Firm Shares") of the Company's common shares of beneficial interest, no par value per share (the "Common Shares"), to the several underwriters named in Schedule I (collectively, the "Underwriters"), for whom BMO Capital Markets Corp., a Delaware corporation ("BMOCM"), is acting as representative (the "Representative"). The Company has also agreed to grant to the Underwriters an option (the "Option") to purchase up to an additional 862,500 Common Shares (the "Option Shares") on the terms and for the purposes set forth in Section 1(b). The Firm Shares and the Option Shares are hereinafter collectively referred to as the "Shares." The Company owns 100% of IRET, Inc., which is the sole general partner (the "General Partner") of IRET Properties, A North Dakota Limited Partnership, a Nor
FORM OF SERIES 2021-D NOTE] CENTERSPACE, LP 2.78% SERIES 2021-D SENIOR NOTE DUE SEPTEMBER 17, 2034Senior Note Agreement • September 20th, 2021 • Centerspace • Real estate investment trusts
This Note is one of a series of Senior Notes (herein called the “Notes”) issued pursuant to a Note Purchase Agreement, dated as of September 17, 2021 (as amended, restated, supplemented or otherwise modified from time to time in accordance with the provisions thereof, herein called the “Agreement”), between the Company, on the one hand, and the Purchasers named in the Purchaser Schedule attached thereto and is entitled to the benefits thereof.
Baird On Demand Offering Sales AgreementSales Agreement • August 30th, 2013 • Investors Real Estate Trust • Real estate investment trusts • New York
Investors Real Estate Trust, a North Dakota real estate investment trust (the "Company"), and IRET Properties, A North Dakota Limited Partnership, a North Dakota limited partnership (the "Operating Partnership"), confirm their agreement (this "Agreement") with Robert W. Baird & Co. Incorporated ("Baird") as follows:
INVESTORS REAL ESTATE TRUST UNDERWRITING AGREEMENT 4,000,000 Shares of (Liquidation Preference $25.00 Per Share)Underwriting Agreement • October 2nd, 2017 • Investors Real Estate Trust • Real estate investment trusts • New York
Investors Real Estate Trust, a North Dakota real estate investment trust (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several Underwriters named in Schedule I hereto (the “Underwriters”), an aggregate of 4,000,000 shares (the “Firm Shares”) of its 6.625% Series C Cumulative Redeemable Preferred Shares (Liquidation Preference $25.00 Per Share) (the “Series C Preferred Shares”). In addition, the Company has agreed to sell to the Underwriters, upon the terms and conditions stated herein, up to an additional 600,000 Series C Preferred Shares (the “Additional Shares”). The Firm Shares and the Additional Shares are collectively referred to in this Agreement as the “Shares.” BMO Capital Markets Corp. and Raymond James & Associates, Inc. are acting as the representatives of the several Underwriters and in such capacity are referred to in this Agreement as the “Representatives.” The Company owns 100% of IRET, Inc., which is the sole gene
CENTERSPACE AMENDMENT NO. 2 TO EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • October 28th, 2024 • Centerspace • Real estate investment trusts • New York
This Amendment No. 2 (this “Amendment”) is being entered into by and among Centerspace, a North Dakota real estate investment trust (the “Company”), and Centerspace, LP, a North Dakota Limited Partnership (the “Operating Partnership”), on the one hand, and BMO Capital Markets Corp., Robert W. Baird & Co. Incorporated, BofA Securities, Inc., BTIG, LLC, Jefferies LLC, Piper Sandler & Co., Raymond James & Associates, Inc., RBC Capital Markets, LLC and UBS Securities LLC, as sales agent, forward seller (except with respect to BTIG, LLC) and/or principal, and Nomura Securities International, Inc. (acting through BTIG, LLC as its agent), as forward seller to Nomura Global Financial Products, Inc., its relevant Forward Purchaser (as defined below) (in such capacity, each a “Manager” and collectively, the “Managers”) and each of Bank of Montreal, Robert W. Baird & Co. Incorporated, Bank of America N.A., Jefferies LLC, Nomura Global Financial Products, Inc., Piper Sandler & Co., Raymond James &
INDEMNIFICATION AGREEMENTIndemnification Agreement • September 21st, 2015 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of September 16, 2015, by and between Investors Real Estate Trust, a North Dakota real estate investment trust (the “Trust”), and (“Indemnitee”).
INVESTORS REAL ESTATE TRUST Stock Award AgreementStock Award Agreement • September 21st, 2015 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
THIS STOCK AWARD AGREEMENT (this “Agreement”), dated as of the 16th day of September, 2015, governs the Stock Award granted by INVESTORS REAL ESTATE TRUST, a North Dakota real estate investment trust (the “Company”) to [ ] (the “Participant”), in accordance with and subject to the provisions of the Company’s 2015 Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
CHANGE IN CONTROL SEVERANCE AGREEMENTChange in Control Severance Agreement • March 23rd, 2023 • Centerspace • Real estate investment trusts • North Dakota
THIS CHANGE IN CONTROL SEVERANCE AGREEMENT (the “Agreement”) is made and entered into effective as of _______________ (“Effective Date”), between Centerspace, a North Dakota real estate investment trust (the “Company”), and _________________ (the “Executive”). Certain capitalized terms used in this Agreement are defined in Section 4.
Credit AgreementCredit Agreement • March 13th, 2017 • Investors Real Estate Trust • Real estate investment trusts • New York
This Credit Agreement (this “Agreement”) is entered into as of January 31, 2017, by and among IRET PROPERTIES, a North Dakota Limited Partnership, a North Dakota limited partnership (the “Borrower”), the Guarantors from time to time party to this Agreement, the several financial institutions from time to time party to this Agreement, as Lenders, KeyBank, National Association and PNC Bank, National Association, as Syndication Agents, and Bank of Montreal, as Administrative Agent as provided herein. All capitalized terms used herein without definition shall have the same meanings herein as such terms are defined in Section 5.1 hereof.
AMENDED AND RESTATED LOAN AGREEMENT between IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP as Borrower and FIRST INTERNATIONAL BANK & TRUST as Lender November 20, 2013Loan Agreement • November 25th, 2013 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
This Agreement is made as of November 20, 2013, by and between IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP, a North Dakota limited partnership (the "Borrower"), and FIRST INTERNATIONAL BANK & TRUST, a North Dakota state bank (the "Lender").
SECOND AMENDMENT TO THE AGREEMENT OF LIMITED PARTNERSHIP OF IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP DESIGNATION OF 7.95% SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITS August 2, 2012Agreement of Limited Partnership • August 3rd, 2012 • Investors Real Estate Trust • Real estate investment trusts
Pursuant to Section 4.02 and Article XI of the Agreement of Limited Partnership (the “Partnership Agreement”) of IRET Properties, A North Dakota Limited Partnership, a North Dakota limited partnership (the “Partnership”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of up to 4,600,000 shares of 7.95% Series B Cumulative Redeemable Preferred Shares of Beneficial Interest, $0.01 par value per share (the “Series B Preferred Shares”) of the Investors Real Estate Trust (the “Trust”) and the issuance to the General Partner of Series B Preferred Units (as defined below) in exchange for the contribution by Trust of the net proceeds from the issuance and sale of the Series B Preferred Shares:
INVESTORS REAL ESTATE TRUST Stock Award AgreementStock Award Agreement • September 8th, 2016 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
THIS STOCK AWARD AGREEMENT (this “Agreement”), dated as of August 8, 2016, governs the Stock Award granted by INVESTORS REAL ESTATE TRUST, a North Dakota real estate investment trust (the “Company”) to Mark O. Decker, Jr. (the “Participant”), in accordance with and subject to the provisions of the Company’s 2015 Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
EXECUTIVE EMPLOYMENT AGREEMENTExecutive Employment Agreement • February 20th, 2024 • Centerspace • Real estate investment trusts • North Dakota
This EXECUTIVE EMPLOYMENT AGREEMENT (the “Agreement”) is entered into between Centerspace, a North Dakota real estate investment trust, (the “Company”) and Bhairav Patel (“Executive”) on the latest date appearing on the signature block of this Agreement (the “Agreement Date”). The Company and Executive are, individually, each a “Party,” and, collectively, the “Parties”).
SECURITY SALES AGREEMENTSecurity Sales Agreement • August 29th, 2003 • Investors Real Estate Trust • Real estate investment trusts
THIS SECURITY SALES AGREEMENT (this “Agreement”), made as of this day of August 2003, between INVESTORS REAL ESTATE TRUST, a North Dakota Business Trust, 12 South Main, Suite 100, Minot, North Dakota 58701 (hereinafter “IRET”), and (hereinafter “BROKER”).
INVESTORS REAL ESTATE TRUST Trustee Stock Award AgreementTrustee Stock Award Agreement • June 29th, 2016 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
THIS TRUSTEE STOCK AWARD AGREEMENT (this “Agreement”), dated as of June 22, 2016, governs the Stock Award granted by INVESTORS REAL ESTATE TRUST, a North Dakota real estate investment trust (the “Company”) to __________ (the “Participant”), in accordance with and subject to the provisions of the Company’s 2015 Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
THIRD AMENDMENT TO LOAN AGREEMENTLoan Agreement • June 22nd, 2012 • Investors Real Estate Trust • Real estate investment trusts
THIS THIRD AMENDMENT TO LOAN AGREEMENT (this “Third Amendment”) is made effective as of June 15, 2012, by and between IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP, a North Dakota limited partnership (the “Borrower”), and FIRST INTERNATIONAL BANK & TRUST, a North Dakota state bank (the “Lender”).
CONFIDENTIAL resignation AGREEMENT AND GENERAL RELEASEConfidential Resignation Agreement and General Release • June 28th, 2017 • Investors Real Estate Trust • Real estate investment trusts • North Dakota
This Confidential Resignation Agreement and General Release (“Agreement”), is made and entered into by and between the undersigned individual, Diane K. Bryantt (“you”) and Investors Real Estate Trust, a North Dakota real estate investment trust (“IRET”) (the signatories to this Agreement will be referred to collectively as the “Parties”).
ContractUnderwriting Agreement • April 22nd, 2004 • Investors Real Estate Trust • Real estate investment trusts • Minnesota
Investors Real Estate Trust, a North Dakota real estate investment trust (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (each an “Underwriter” and, collectively, the “Underwriters”), for which you are acting as representative (the “Representative”), an aggregate of 1,000,000 shares of the Company’s 8.25% Series A Cumulative Redeemable Preferred Shares of Beneficial Interest, with a liquidation preference of $25.00 per share plus all accumulated and unpaid dividends on such share (the “Preferred Stock”), the terms of which are more fully described in the Registration Statement and the Final Prospectus (as hereinafter defined). In addition, the Company has granted to the Underwriters an option to purchase up to an additional 150,000 shares of Preferred Stock as provided in Section 2 hereof.
Guaranty Agreement Dated as of September 17, 2021 Re: $35,000,000 2.50% Series 2021-A Senior Notes Due September 17, 2030 $50,000,000 2.62% Series 2021-B Senior Notes Due September 17, 2031 $25,000,000 2.68% Series 2021-C Senior Notes Due September...Guaranty Agreement • September 20th, 2021 • Centerspace • Real estate investment trusts • New York
Note (Parkhouse) Final.docx 1 Loan No. 15060 PROMISSORY NOTE $90,000,000.00 April 26, 2023 FOR VALUE RECEIVED, CSR – PARKHOUSE, LLC, a Minnesota limited liability company ("Borrower"), promises to pay to the order of STATE FARM LIFE INSURANCE COMPANY,...Promissory Note • May 1st, 2023 • Centerspace • Real estate investment trusts
THIRD AMENDMENT TO THE AGREEMENT OF LIMITED PARTNERSHIP OF IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP DESIGNATION OF 6.625% SERIES C CUMULATIVE REDEEMABLE PREFERRED UNITS October 2, 2017Agreement of Limited Partnership • October 2nd, 2017 • Investors Real Estate Trust • Real estate investment trusts
Pursuant to Section 4.02 and Article XI of the Agreement of Limited Partnership, as amended by the First Amendment to the Agreement of Limited Partnership and the Second Amendment to the Agreement of Limited Partnership, (the “Partnership Agreement”) of IRET Properties, A North Dakota Limited Partnership, a North Dakota limited partnership (the “Partnership”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of up to 8,000,000 shares of 6.625% Series C Cumulative Redeemable Preferred Shares, no par value per share (the “Series C Preferred Shares”) of the Investors Real Estate Trust (the “Trust”) and the issuance to the General Partner of Series C Preferred Units (as defined below) in exchange for the contribution by Trust of the net proceeds from the issuance and sale of the Series C Preferred Shares:
FIRST AMENDMENT TO THE AGREEMENT OF LIMITED PARTNERSHIP OF IRET PROPERTIES, A NORTH DAKOTA LIMITED PARTNERSHIP DESIGNATION OF 8.25% SERIES A CUMULATIVE REDEEMABLE PREFERRED UNITS August 2, 2012Agreement of Limited Partnership • August 3rd, 2012 • Investors Real Estate Trust • Real estate investment trusts
Pursuant to Section 4.02 and Article XI of the Agreement of Limited Partnership (the “Partnership Agreement”) of IRET Properties, A North Dakota Limited Partnership, a North Dakota limited partnership (the “Partnership”), the General Partner hereby amends the Partnership Agreement as follows in connection with the contribution, in a transaction governed by sections 108(e)(8) and 721(a) of the Internal Revenue Code, by Investors Real Estate Trust (the “Trust”) to the Partnership of a loan (the “Loan”), by and between the Trust, as lender, and the Partnership, as borrower, in the principal amount of $27,671,875 (plus accrued and unpaid interest through the date hereof), issued in connection with the issuance of 1,150,000 8.25% Series A Cumulative Redeemable Preferred Shares of Beneficial Interest (the “Series A Preferred Shares”) by the Trust, and the issuance of Series A Preferred Units (as defined below) in exchange for the contribution to the Partnership by the Trust of the Loan, whic
GUARANTY AGREEMENT Dated as of September 13, 2019Guaranty Agreement • September 17th, 2019 • Investors Real Estate Trust • Real estate investment trusts • New York
