AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LPExchange Rights Agreement • March 25th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP (this “Agreement”), dated as of January 21, 2010, is entered into by and among EMPIRE AMERICAN REALTY TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and EMPIRE AMERICAN ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
MANAGEMENT AGREEMENTManagement Agreement • March 25th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
This management agreement (this “Management Agreement”) is made and entered into as of January 27, 2010, by and among EMPIRE AMERICAN REALTY TRUST, INC., a Maryland corporation (the “Company”), EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “OP”), and EMPIRE AMERICAN MANAGEMENT, LLC, a Delaware limited liability company (the “Manager”).
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • March 25th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED ESCROW AGREEMENT (this “Agreement”) made and entered into as of this 17th day of May, 2010 by and among Empire American Realty, LLC, a Delaware limited liability company (the “Dealer Manager”), Empire American Realty Trust, Inc., a Maryland corporation (the “Company”), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow Agent”), amends and restates that certain Escrow Agreement, dated November 19, 2009, by and among the Dealer Manager, the Company and the Escrow Agent (the “Prior Escrow Agreement”).
ADVISORY AGREEMENT BY AND AMONG EMPIRE AMERICAN REALTY TRUST, INC., EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP, AND EMPIRE AMERICAN ADVISORS, LLCAdvisory Agreement • March 25th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”), dated as of May 27, 2010 (the “Effective Date”), is entered into by and among Empire American Realty Trust, Inc., a Maryland corporation (the “Company”), Empire American Realty Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), and Empire American Advisors, LLC, a Delaware limited liability company.
