KBS GROWTH & INCOME REIT, INC. Up to $2,300,000,000 in Shares of Common Stock DEALER MANAGER AGREEMENTDealer Manager Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • Maryland
AMENDED AND RESTATED ADVISORY AGREEMENT between KBS GROWTH & INCOME REIT, INC. and KBS CAPITAL ADVISORS LLC August 11, 2015Advisory Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • Delaware
This Advisory Agreement, dated as of August 11, 2015 (the “Agreement”), is between KBS Growth & Income REIT, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”).
LOAN AGREEMENT by and among KBSGI VON KARMAN TECH, LLC, a Delaware limited liability company, as Borrower and SUNTRUST BANK, as Administrative Agent and THE LENDERS THAT ARE PARTIES HERETO FROM TIME TO TIME, as Lenders SUNTRUST ROBINSON HUMPHREY,...Loan Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • California
THIS LOAN AGREEMENT (this “Agreement”) is made and entered into as of August 12, 2015, by and among KBSGI VON KARMAN TECH, LLC, a Delaware limited liability company (the “Borrower”), each lender from time to time party hereto including Administrative Agent (collectively, “Lenders” and each individually, a “Lender”), and SUNTRUST BANK, a Georgia banking corporation, in its capacity as both collateral agent and administrative agent for each of the Lenders (the “Administrative Agent”).
FOURTH AMENDMENT TO LEASELease Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • California
THIS FOURTH AMENDMENT TO LEASE (this “Amendment”) is dated as of October 22, 2013 (the “Effective Date”) and is entered into by and between HB VON KARMAN, LLC, a Delaware limited liability company (“Landlord”), and LNH INC., a Delaware corporation (“Tenant”), with reference to the following facts:
AMENDMENT TO LEASE AGREEMENTLease Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
THIS AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is entered into to be effective as of February 1, 2011, by and between ARI Commercial Properties, Inc. (“Landlord”), and Hosting.com Data Centers, L.L.C., a Kentucky Limited Liability Corporation (“Tenant”).
LEASE AMENDMENTLease Amendment • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
This Lease Amendment (“Lease Amendment”) is made and entered into as of August 23, 2012, by and between ARI-VKBP, LLC, a Delaware limited liability company, ARI-VKBP 1, LLC, a Delaware limited liability company, ARI-VKBP 2, LLC, a Delaware limited liability company, ARI-VKBP 3, LLC, a Delaware limited liability company, ARI-VKBP 4, LLC, a Delaware limited liability company, ARI-VKBP 5, LLC, a Delaware limited liability company, ARI-VKBP 6, LLC, a Delaware limited liability company, ARI-VKBP 7, LLC, a Delaware limited liability company, ARI-VKBP 8, LLC, a Delaware limited liability company, ARI-VKBP 9, LLC, a Delaware limited liability company, ARI-VKBP 10, LLC, a Delaware limited liability company and ARI- VKBP 17, LLC, a Delaware limited liability company, as tenants in common (collectively, “Landlord”) and Hosting.Com Data Centers II, LLC, a Delaware limited liability company (“Tenant”).
OFFICE LEASE AGREEMENT BETWEEN ARI COMMERCIAL PROPERTIES, INC. (“LANDLORD”) AND HOSTING.COM, INC. (“TENANT”) DATE OF LEASE: MARCH , 2007 BUILDING: VON KARMAN BUSINESS PARK 16842 Von Karman Avenue Suites 350, 400, and 425 Irvine, CaliforniaOffice Lease Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
This Office Lease Agreement (the “Lease”) is made and entered into as of the 27 day of March, 2007, between ARI COMMERCIAL PROPERTIES, INC., a California corporation, in its capacity as agent for the tenants-in-common owners of the Property (“Landlord”), and HOSTING.COM DATA CENTERS, LLC, a Kentucky limited liability company (“Tenant”).
AMENDMENT NO. 1 TO THE AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
This amendment no. 1 to the Amended and Restated Advisory Agreement dated as of August 11, 2015 (the “Advisory Agreement”), between KBS Growth & Income REIT, Inc., a Maryland corporation (the “Company”), and KBS Capital Advisors LLC, a Delaware limited liability company (the “Advisor”), is entered into as of September 14, 2015 (the “Amendment”). Capitalized terms used herein but not defined shall have the meaning set forth in the Advisory Agreement.
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF SALE AND PURCHASEAssignment and Assumption of Agreement of Sale and Purchase • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
This Assignment and Assumption of Agreement of Sale and Purchase (“Assignment”) is entered into between KBS CAPITAL ADVISORS LLC, a Delaware limited liability company (“Assignor”), and KBSGI VON KARMAN TECH, LLC, a Delaware limited liability company (“Assignee”), as of August 11, 2015 (“Effective Date”).
SECOND AMENDMENT TO AGREEMENT OF SALE AND PURCHASEAgreement of Sale and Purchase • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
THIS SECOND AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Second Amendment”) is made as of the 14th day of July, 2015, by and between HB Von Karman, LLC, a Delaware limited liability company (“Seller”), and KBS Capital Advisors LLC, a Delaware limited liability company (“Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
THIRD AMENDMENT TO LEASELease • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • California
THIS THIRD AMENDMENT TO LEASE (this “Amendment”) is dated as of January 15, 2013 and is entered into by and between HB VON KARMAN, LLC, a Delaware limited liability company (“Landlord”), and LNH INC., a Delaware corporation (“Tenant”), with reference to the following facts:
THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASEAgreement of Sale and Purchase • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts
THIS THIRD AMENDMENT TO AGREEMENT OF SALE AND PURCHASE (this “Third Amendment”) is made as of the 17th day of July, 2015, by and between HB Von Karman, LLC, a Delaware limited liability company (“Seller”), and KBS Capital Advisors LLC, a Delaware limited liability company (“Buyer”). In consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows:
GUARANTY AGREEMENTGuaranty Agreement • October 16th, 2015 • KBS Growth & Income REIT, Inc. • Real estate investment trusts • New York
THIS GUARANTY AGREEMENT (this “Agreement”) is made as of August 12, 2015, by KBSGI REIT PROPERTIES, LLC, a Delaware limited liability company (“Guarantor”) whose address is c/o KBS Capital Advisors LLC, 800 Newport Center Drive, Suite 700, Newport Beach, California 92660, Attention: Bryce Lin, Director of Finance and Reporting, to and for the benefit of SUNTRUST BANK, a Georgia banking corporation, as Administrative Agent for the benefit of the Lenders (the “Administrative Agent”), whose address is c/o SunTrust Bank, Agency Services, Mail Code GA-Atlanta-7662, 303 Peachtree Street, N.E. – 25th Floor, Atlanta, GA 30308.
