AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • December 6th, 2011 • Cole Real Estate Income Strategy (Daily Nav), Inc. • Real estate investment trusts • Arizona
COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC., a Maryland corporation (the “Company”), will issue in a public offering (the “Offering”) shares of its common stock (the “Stock”) pursuant to a registration statement on Form S-11 filed by the Company with the Securities and Exchange Commission. Cole Capital Corporation, an Arizona corporation (the “Dealer Manager”), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement, which amends and restates that certain Escrow Agreement between the parties, dated as of September 21, 2011, to set forth the terms on which UMB BANK, N.A. (the “Escrow Agent”), will, except as otherwise provided herein, hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as: (i) the Company has received subscriptions for at least $10,000,000 in shares of Stock in the Offering (the “Required Capital”); and (ii) in the case of subscriptions received from resident
COLE REAL ESTATE INCOME STRATEGY (DAILY NAV), INC. Up to $4,000,000,000 in Shares of Common Stock FORM OF DEALER MANAGER AGREEMENTCole Real Estate Income Strategy (Daily Nav), Inc. • December 6th, 2011 • Real estate investment trusts • Arizona
Cole Real Estate Income Strategy (Daily NAV), Inc., a Maryland corporation (the “Company”), is registering for a public sale a maximum of $4,000,000,000 in shares of its common stock, $0.01 par value per share (the “Offering”), of which amount $3,500,000,000 in shares are to be offered to the public at an initial price of $15.00 per share (collectively the “Shares” or the “Stock”) until the release or proceeds from escrow. Thereafter, the per share purchase price will vary from day-to-day and, on each day, will equal the net asset value of the Company, or NAV, divided by the number of shares of our common stock outstanding as of the end of business on such day (“NAV per share”). Up to $500,000,000 in additional shares are to be offered pursuant to the Company’s distribution reinvestment plan at a price equal to the NAV per share on the distribution date, after giving effect to all distributions.
