SECOND AMENDMENT TO ADVISORY AGREEMENTAdvisory Agreement • December 26th, 2017 • American Realty Capital Healthcare Trust III, Inc. • Real estate investment trusts • New York
This SECOND AMENDMENT TO ADVISORY AGREEMENT (this “Amendment”), dated as of December 22, 2017 and effective as of October 1, 2017, is entered into by and among American Realty Capital Healthcare Trust III, Inc. (the “Company”), American Realty Capital Healthcare III Operating Partnership, L.P. (the “Operating Partnership”) and American Realty Capital Healthcare III Advisors, LLC (the “Advisor”).
IntroductionPurchase Agreement • December 26th, 2017 • American Realty Capital Healthcare Trust III, Inc. • Real estate investment trusts
On June 16, 2017, American Realty Capital Healthcare Trust III, Inc. (the “Company”), American Realty Capital Healthcare III Operating Partnership, L.P. (the “OP”), and ARHC TRS Holdco III, LLC, a subsidiary of the OP (“HTIII Holdco”), entered into a purchase agreement (the “Purchase Agreement”) with Healthcare Trust, Inc. (“HTI”), Healthcare Trust Operating Partnership, L.P. (“HTI OP”) and ARHC TRS Holdco II, LLC (“HTI Holdco”), pursuant to which HTI, the HTI OP, and HTI Holdco agreed to purchase all of the membership interests in the Company’s indirect subsidiaries which own the 19 properties comprising substantially all of the Company’s assets (together with the other transactions contemplated by the Purchase Agreement, the “Asset Sale”). The closing of the Asset Sale was conditioned upon stockholder approval of both the Asset Sale and the Company’s plan of liquidation and dissolution (the “Plan of Liquidation”).
FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST III OPERATING PARTNERSHIP, L.P.Amended and Restated Agreement of Limited Partnership • December 26th, 2017 • American Realty Capital Healthcare Trust III, Inc. • Real estate investment trusts • Delaware
This FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST III OPERATING PARTNERSHIP, L.P. (this “Amendment”), dated December 22, 2017 and effective as of October 1, 2017, is entered into by American Realty Capital Healthcare Trust III, Inc., a Maryland corporation, in its capacity as the general partner (the “General Partner”) of American Realty Capital Healthcare Trust III Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”), and American Realty Capital Healthcare III Advisors, LLC (the “Advisor”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of August 10, 2015 (as amended, the “Partnership Agreement”).
