AMERICAN REALTY CAPITAL TRUST III, INC. UP TO 175,000,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT March 31, 2011Dealer Manager Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts • New York
American Realty Capital Trust III, Inc. (the “Company”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2011, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 150,000,000 shares of its common stock, $.01 par value per share (the “Shares”), for a purchase price of $10.00 per Share (subject in certain circumstances to discounts based upon the volume of shares purchased), in the primary offering (the “Primary Offering”), and (b) up to 25,000,000 Shares for a purchase price of $9.50 per Share for issuance through the Company’s distribution reinvestment plan (the “DRP” and together with the Primary Offering, the “Offering”) (subject to the right of the Company to reallocate such Shares between the Primary Offering and the DRP), all upon the other terms and subject to the conditions set for
SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of April 1, 2011 (this “ Agreement ”), is entered into among Realty Capital Securities, LLC (the “ Dealer Manager ”), American Realty Capital Trust III, Inc. (the “ Company ”) and UMB Bank, N.A., as escrow agent (the “ Escrow Agent ”).
ADVISORY AGREEMENTAdvisory Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of March 31, 2011, is entered into among American Realty Capital Trust III, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership III, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Advisors III, LLC, a Delaware limited liability company.
AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP III, L.P. Date as of March 31, 2011Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY TRUST OPERATING PARTNERSHIP III, L.P. (this “Agreement”) dated as of March 31, 2011, is entered into among AMERICAN REALTY CAPITAL TRUST III, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL ADVISORS III, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management and Leasing Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts • New York
This property management and leasing agreement (this “Management Agreement”) is made and entered into as of the 31st day of March, 2011, by and among AMERICAN REALTY CAPITAL TRUST III, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP III, L.P., a Delaware limited partnership (the “OP”), and AMERICAN REALTY CAPITAL PROPERTIES III, LLC, a Delaware limited liability company (the “Manager”).
FIRST AMENDMENT TOAdvisory Agreement • July 20th, 2011 • American Realty Capital Trust III, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO ADVISORY AGREEMENT is entered into as of June 23, 2011, among American Realty Capital Trust III, Inc. (the “Company”), American Realty Capital Operating Partnership III, L.P. (the “OP”) and American Realty Capital Advisors III, LLC (the “Advisor”).
