NEW YORK REIT, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENTYear Outperformance Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • Delaware
This 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of April 15, 2014 (the “Grant Date”), by and among NEW YORK REIT, INC., a Maryland corporation (the “Company”), its subsidiary NEW YORK RECOVERY Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).
FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (a Delaware limited partnership)New York REIT, Inc. • April 15th, 2014 • Real estate investment trusts • Delaware
THIS FOURTH AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into among New York REIT, 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 15, 2014.
SIXTH AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG NEW YORK REIT, INC. (f/k/a AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC.), NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLC Dated as of April 15, 2014Advisory Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
THIS SIXTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of April 15, 2014 (this “Agreement”), is entered into among New York REIT, Inc. (f/k/a American Realty Capital New York Recovery REIT, Inc.), a Maryland corporation (the “Company”), New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company.
SECOND AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”), dated as of April 14, 2014, is made by and among New York Recovery Operating Partnership, L.P., a Delaware limited partnership (“Borrower”), NEW YORK REIT, INC. (formerly known as American Realty Capital New York Recovery REIT, Inc.), a Maryland corporation and the sole general partner of Borrower (the “REIT”), the LENDERS party hereto listed on the signature pages of this Agreement under the heading “LENDERS” (each a “Lender” and, collectively, the “Lenders”), CAPITAL ONE, NATIONAL ASSOCIATION, as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”) and as a Joint Lead Arranger and a Joint Bookrunner, U.S. BANK NATIONAL ASSOCIATION, as a Joint Lead Arranger, a Syndication Agent and a Joint Bookrunner, RBS CITIZENS, N.A., as a Joint Lead Arranger and a Documentation Agent, BARCLAYS BANK PLC, as a Joint Lead Arranger and Syndication Agent, SUNTRUST ROBINSON HUMPHREY, INC. as a
LISTING NOTE AGREEMENTListing Note Agreement • April 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
This Listing Note Agreement (the “Listing Note”) is entered into by and between New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”) and New York Recovery Special Limited Partnership, LLC, a Delaware limited liability company (the “SLP”) this 15th 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 15th, 2014 • New York REIT, Inc. • Real estate investment trusts • New York
This CONTRIBUTION AND EXCHANGE AGREEMENT (this “Agreement”), is made and entered into as of April 15, 2014, by and between New York Recovery Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and New York Recovery Advisors, LLC, a Delaware limited liability company (the “Advisor”).
