0001144204-08-051056 Sample Contracts

AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT
Subscription Escrow Agreement • September 3rd, 2008 • American Realty Capital Trust, Inc. • Real estate • Massachusetts

This AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT, dated as of July 15, 2008 (the “Agreement”), is made by and among American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), Realty Capital Securities, LLC, a Delaware limited liability company (“the Dealer Manager”), and Boston Private Bank & Trust Company, a Massachusetts trust company (the “Escrow Agent”), and hereby amends and restates in its entirety that certain SUBSCRIPTION ESCROW AGREEMENT entered by and among the Company, the Dealer Manager, and the Escrow Agent as of December 11, 2007.

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AGREEMENT FOR TRANSFER OF MEMBERSHIP INTERESTS
Transfer of Membership Interests • September 3rd, 2008 • American Realty Capital Trust, Inc. • Real estate • Delaware

THIS AGREEMENT FOR TRANSFER OF MEMBERSHIP INTERESTS (this “Agreement”) entered into as of August ___, 2008 between ARC GROWTH FUND I, LLC, a Delaware limited liability company (“Seller”), and AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Buyer”).

LIMITED LIABILITY COMPANY AGREEMENT OF AMERICAN REALTY CAPITAL EQUITY BRIDGE, LLC (a Delaware limited liability company) Dated as of August 20, 2008
Limited Liability Company Operating Agreement • September 3rd, 2008 • American Realty Capital Trust, Inc. • Real estate • Delaware

This LIMITED LIABILITY COMPANY OPERATING AGREEMENT (as the same may be amended from time to time, this “Agreement” or “Operating Agreement”) of American Realty Capital Equity Bridge, LLC, a limited liability company organized under the laws of the State of Delaware (the “Company”), is made and effective as of August 20, 2008 by and among American Realty Capital II, LLC, a Delaware limited liability company (the “ARC Member”) and the CAMBR COMPANY, INC., a New York corporation (the “Skolnick Member”), being hereinafter sometimes referred to individually as a “Member” and collectively as the “Members”.

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