SECOND AMENDMENT TO THE MANAGEMENT AGREEMENT
Ex.
10.3(b)
SECOND
AMENDMENT
TO
THE
This
second amendment (this “Amendment”) to that certain Management Agreement dated
as of January 25, 2008 and as amended as of April 30, 2008 (the
“Agreement”) is made and entered into as of the 30th day of May, 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”),
and
AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Delaware limited liability company
(the “Manager”).
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:
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The
following shall be added as Section 4.4 of the
Agreement::
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“4.4
Total Fees. All fees and commissions will be no less favorable than from
transactions with unaffiliated third parties performing property management
for
double and triple net leases.”
[Signatures
appear on next page]
IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date first
above written.
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By:
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/s/
Xxxxxxx X.
Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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AMERICAN
REALTY CAPITAL
OPERATING
PARTNERSHIP, L.P.
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By:
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American Realty Capital Trust, Inc., | |
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its
General Partner
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By:
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/s/
Xxxxxxx X.
Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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AMERICAN
REALTY CAPITAL PROPERTIES, LLC
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By:
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/s/
Xxxxxxx X.
Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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ARC
ROCK17MA LLC
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By:
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/s/
Xxxxxxx X.
Xxxxxx
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Name:
Xxxxxxx X. Xxxxxx
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Title:
Member
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