CREDIT AGREEMENT Dated as of September 7, 2011 among ARC PROPERTIES OPERATING PARTNERSHIP, L.P., as Borrower, AMERICAN REALTY CAPITAL PROPERTIES, INC., as a Guarantor, RBS CITIZENS, N.A., as Administrative Agent and L/C Issuer and The Other Lenders...Credit Agreement • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of September 7, 2011, among ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and RBS CITIZENS, N.A., as Administrative Agent and L/C Issuer.
PLEDGE AGREEMENTPledge Agreement • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS PLEDGE AGREEMENT (this “Agreement”) is entered into as of September 7, 2011, by ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), ARC INCOME PROPERTIES, LLC, a Delaware limited liability company (“ARC Income”), AMERICAN REALTY CAPITAL PARTNERS, LLC, a Delaware limited liability company (“ARC Partners”), ARC INOCME PROPERTIES III, LLC, a Delaware limited liability company (“ARC Income III”, and together with ARC Income and ARC HDCOLSCOO1, a Delaware limited liability company, collectively, the “HD Subsidiary Guarantors”) and ANY ADDITIONAL PLEDGOR (DEFINED HEREIN) THAT BECOMES PARTY TO THIS AGREEMENT PURSUANT TO SECTION 14 HEREOF (Borrower, ARC Income, ARC Partners, ARC Income III and each Additional Pledgor are each a “Pledgor” and collectively “Pledgors”), in favor of RBC CITIZENS, N.A., as Administrative Agent for the benefit of the Secured Parties (defined below).
NOTENote • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts
FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to RBS CITIZENS, N.A. or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to Borrower under that certain Credit Agreement, dated as of September , 2011 (as amended, restated, extended, supplemented, or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among ARC PROPERTIES OPERATING PARTNERSHTP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), the Lenders from time to time party thereto, and RBS Citizens, N.A., as Administrative Agent and L/C Issuer.
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”), which is dated as of September 7, 2011, is executed by ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), and the subsidiaries of Borrower and its subsidiaries listed on Exhibit A attached hereto (collectively, together with any subsidiaries of Borrower that, after the date hereof, become party to this Agreement, “Subsidiary Guarantors;” Parent and Subsidiary Guarantors are collectively, “Guarantors”), for the benefit of RBS CITIZENS, NA., a national banking association, acting in its capacity as Administrative Agent (in such capacity, “Administrative Agent”) under that certain Credit Agreement (defined below), L/C Issuer and the Lenders (defined below). All capitalized terms used herein and not otherwise defined shall have the meaning given such term in t
SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS SUBSIDIARY GUARANTY AGREEMENT (this “Guaranty”) is executed as of September 7, 2011, by EACH OF THE SUBSIDIARIES OF ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), LISTED ON SCHEDULE 1 ATTACHED HERETO or who become a party hereto pursuant to Section 21 below (each a “Guarantor” and collectively, “Guarantors”), for the benefit of the Credit Parties (defined below).
PARENT GUARANTY AGREEMENTParent Guaranty Agreement • September 22nd, 2011 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS PARENT GUARANTY AGREEMENT (this “Guaranty”) is executed as of September 7, 2011, by AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation, (“Guarantor”), for the benefit of the Credit Parties (defined below).
