THIRD AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC Dated as of April 7, 2014Advisory Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
THIS THIRD AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of April 7, 2014, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.
AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENTAdvisor Multi-Year Outperformance Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware
This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of April 7, 2014 (the “Grant Date”), between AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (the “Company”), its subsidiary american realty capital healthcare trust Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and american realty capital healthcare ADVISORS LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (a Delaware limited partnership)Limited Partnership Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (in its capacity as general partner of the Partnership, together with its successors and permitted assigns that are admitted to the Partnership as a general partner of the Partnership in accordance with the terms hereof, the “General Partner”), the Limited Partners listed on Schedule A and any other limited partner or general partner that is admitted from time to time to the Partnership and listed on Schedule A attached hereto, on April 7, 2014.
LISTING NOTE AGREEMENTListing Note Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
This Listing Note Agreement (the “Listing Note”) is entered into by and between American Realty Capital Healthcare Trust Operating Partnership, a Delaware limited partnership (the “Partnership”) and American Realty Capital Healthcare Special Limited Partnership, LLC, a Delaware limited liability company (the “SLP”) this 7th day of April, 2014. Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to as the applicable term in the OP Agreement (defined below).
CONTRIBUTION AND EXCHANGE AGREEMENTContribution and Exchange Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
This CONTRIBUTION AND EXCHANGE AGREEMENT (this “Agreement”), is made and entered into as of April 7, 2014, by and between American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Healthcare Trust Advisors, LLC, a Delaware limited liability company (the “Advisor”).
FIRST AMENDMENT TO FIRST AMENDED AND RESTATED SENIOR UNSECURED CREDIT AGREEMENTSenior Unsecured Credit Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
THIS FIRST AMENDMENT TO FIRST AMENDED AND RESTATED SENIOR UNSECURED CREDIT AGREEMENT (this “Amendment”) made as of the 23rd day of January, 2014, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (“REIT”), THE PARTIES EXECUTING BELOW AS “SUBSIDIARY GUARANTORS” (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), individually and as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and THE OTHER “LENDERS” WHICH ARE SIGNATORIES HERETO (hereinafter referred to collectively as the “Lenders”).
SECOND AMENDMENT TO FIRST AMENDED AND RESTATED SENIOR UNSECURED CREDIT AGREEMENTSenior Unsecured Credit Agreement • April 7th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
THIS SECOND AMENDMENT TO FIRST AMENDED AND RESTATED SENIOR UNSECURED CREDIT AGREEMENT (this “Amendment”) made as of the 7th day of April, 2014, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (“REIT”), THE PARTIES EXECUTING BELOW AS “SUBSIDIARY GUARANTORS” (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), individually and as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”), and THE OTHER “LENDERS” WHICH ARE SIGNATORIES HERETO (hereinafter referred to collectively as the “Lenders”).
