FOURTH AMENDMENT TO THE MANAGEMENT AGREEMENT
FOURTH
AMENDMENT
TO
THE
This
fourth amendment (this "Amendment") to that certain Management Agreement dated
January 25, 2008 as amended by the Amendment to the Management Agreement, dated
April 30, 2008, as further amended
by the Second Amendment to the Management Agreement, dated May 30, 2008, and
as
further amended
by the Third Amendment to the Management Agreement, dated as of September 16,
2008 (collectively,
the "Agreement") is made and entered into as of the __ day
of
October, 2008,
by
and among
AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the "Company"),
AMERICAN
REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership
(the
"OP", and together with the Company, the "Owner"), ARC ROCK17MA LLC, a Delaware
limited liability company (the "Rockland Owner"), ARC WBPCFL0001, LLC, a
Delaware limited liability company (the "National City Owner"), and ARC
WBPBFL0001, LLC, a Delaware limited liability company (the "Pompano Owner")
and
AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Delaware limited liability company
(the "Manager").
WHEREAS,
the OP was organized to acquire, own, operate, lease and manage real estate
properties on behalf
of
the Company;
WHEREAS,
the Pompano Owner is a subsidiary of the OP and was organized to acquire, own,
operate, lease
and
manage a National City branch real estate property, identified in Exhibit
A
hereto,
on behalf of the
Company (the "Pompano Property");
WHEREAS,
the Company intends to continue to raise money from the sale of its common
stock
to be used, net of payment of certain offering costs and expenses, for
investment in the acquisition or rehabilitation
of income-producing real estate to be acquired and held by the Company, by
the
OP or by the
Rockland Owner, the National City Owner, or the Pompano Owner on behalf of
the
Company; and
WHEREAS,
Owner, the Rockland Owner, the National City Owner, and the Pompano Owner wish
to retain
Manager to manage and coordinate the leasing of the real estate properties
acquired by Owner, Rockland
Owner, the National City Owner and the Pompano Owner, and the Manager wishes
to
be so retained,
all under the terms and conditions set forth in this Management
Agreement.
NOW,
THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto, intending
to be legally bound hereby, do hereby agree as follows:
1. |
Section
1.11 will be replaced in its entirety with the
following:
|
"Properties
means
all real estate properties owned by Owner and all tracts as yet unspecified
but
to
be
acquired by Owner containing income-producing Improvements or on which Owner
will rehabilitate income-producing Improvements, the Rockland Properties, the
National City Property and the Pompano Property. Properties shall be classified
under four categories, residential, retail, industrial and office
properties."
2. |
With
respect to the Pompano Property alone, all references to Owner herein
shall be deemed to include
the Pompano Owner.
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IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date first
above written.
AMERICAN REALTY CAPITAL TRUST, INC. | ||
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By: | /s/ Xxxxxxx X. Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P. | ||
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|
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By: | American Realty Capital Trust, Inc., its General Partner | |
By: | /s/ Xxxxxxx X. Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
AMERICAN REALTY CAPITAL PROPERTIES, LLC | ||
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By: | /s/ Xxxxxxx X. Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
ARC ROCK17MA LLC | ||
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By: | /s/ Xxxxxxx X. Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
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ARC
WBPCFL0001, LLC,
a
Delaware limited liability Company
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||
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By: |
AMERICAN REALTY CAPITAL OPERATING
PARTNERSHIP, L.P.,
its
sole member
|
|
By: | American Realty Capital Trust, Inc., its General Partner | |
By: | /s/ Xxxxxxx X.Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
ARC
WBPBFL000L, LLC,
a
Delaware limited liability company
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||
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By: | AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., its sole member |
By: | American Realty Capital Trust, Inc., its General Partner | |
By: | /s/ Xxxxxxx X.Xxxxxx | |
Name: Xxxxxxx X. Xxxxxx |
||
Title: |
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EXHIBIT
A
REAL
PROPERTY OWNED BY ARC WBPBFL0001, LLC
000
Xxxxx
Xxxxxxx Xxxxxxx, Xxxxxxx Xxxxx, XX
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