FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of _________, 2018, by and between American Finance Trust, Inc., a Maryland corporation (the “Company”), and __________ (“Indemnitee”).
AMERICAN FINANCE TRUST, INC. 2018 ADVISOR OMNIBUS INCENTIVE COMPENSATION PLAN FORM OF ADVISOR MULTI-YEAR OUTPERFORMANCE AWARD AGREEMENTAdvisor Multi-Year Outperformance Award Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • Delaware
This ADVISOR MULTI-YEAR OUTPERFORMANCE AWARD AGREEMENT (this “Agreement”) made as of July 19, 2018, effective at the Listing, under the 2018 ADVISOR OMNIBUS INCENTIVE COMPENSATION PLAN (the “Advisor Plan”) of AMERICAN FINANCE TRUST, INC., a Maryland corporation (the “Company”), by and between the Company, its subsidiary AMERICAN FINANCE 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 FINANCE ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of AMERICAN FINANCE OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into by AMERICAN FINANCE 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”), for itself and 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 July 19, 2018.
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts
This FIRST AMENDMENT TO THIRD AMENDED AND RESTATED ADVISORY AGREEMENT is entered into as of July 19, 2018, by and among American Finance Trust, Inc. (f/k/a American Realty Capital Trust V, Inc.) (the “Company”), American Finance Operating Partnership, L.P. (f/k/a American Realty Capital Operating Partnership V, L.P.) (the “Operating Partnership”) and American Finance Advisors, LLC (f/k/a American Realty Capital Advisors V, LLC) (the “Advisor”).
LISTING NOTE AGREEMENTListing Note Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • New York
This Listing Note Agreement (the “Listing Note”) is hereby entered into on July 19, 2018, effective at the Listing (the “Effective Date”), by and between American Finance Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”) and American Finance Special Limited Partner, LLC, a Delaware limited liability company (the “SLP”). Capitalized terms used herein but not otherwise defined shall have the meaning ascribed to the applicable term in the Second Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of July 19, 2018 (the “OP Agreement”).
SUBORDINATION AGREEMENTSubordination Agreement • July 19th, 2018 • American Finance Trust, Inc • Real estate investment trusts • New York
THIS SUBORDINATION AGREEMENT (together with all amendments and supplements hereto, this “Agreement”), is made as of this Nineteenth day of July, 2018, by and among AMERICAN FINANCE SPECIAL LIMITED PARTNER, LLC, a Delaware limited liability company (solely in its capacity as a lender under the Incentive Listing Note, the “Special Limited Partner”), and BMO HARRIS BANK N.A., in its capacity as the agent for the Lenders defined below (“Agent”), and acknowledged by AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”).
