ARC PROPERTIES OPERATING PARTNERSHIP, L.P. and CLARK ACQUISITION, LLC Issuers THE GUARANTORS NAMED HEREIN Guarantors AND U.S. Bank National Association Trustee ___________________________________________________________ INDENTURE Dated as of February...Indenture • February 7th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
INDENTURE, dated as of February 6, 2014, among ARC Properties Operating Partnership, L.P., a Delaware limited partnership (the “Company”), Clark Acquisition, LLC, a Delaware limited liability company (together with the Company, the “Issuers”), American Realty Capital Properties, Inc., a Maryland corporation (“Parent”), Safari Acquisition, LLC, a Delaware limited liability company (“Safari”), Tiger Acquisition, LLC (“Tiger” and together with Parent and Safari, the “Initial Guarantors”), and U.S. Bank National Association, as trustee (the “Trustee”):
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • February 7th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This Agreement is made pursuant to the Purchase Agreement, dated February 4, 2014 (the “Purchase Agreement”), by and among the Issuers, the Guarantors and the Representatives. In order to induce the Initial Purchasers to purchase the Initial Notes, the Issuers and the Guarantors have agreed to provide the registration rights set forth in this Agreement. The execution and delivery of this Agreement is a condition to the obligations of the Initial Purchasers set forth in Section 7(l) of the Purchase Agreement. Capitalized terms used herein and not otherwise defined shall have the meaning assigned to them in the Indenture, dated as of February 6, 2014, among the Issuers, the Guarantors and U.S. Bank National Association, as trustee, as supplemented by an officers’ certificate relating to the Initial Notes and the Exchange Notes (collectively, the “Indenture”).
