NINTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP DECEMBER 20, 2019Limited Partnership Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Ninth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of December 20, 2019, between Black Creek Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Diversified Property Fund Inc., f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
This First Amendment to Credit Agreement (this “Amendment”) is made as of December 23, 2019 by and among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Amendment (collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
TRUST AGREEMENT OF BC EXCHANGE [l] DST, a Delaware statutory trust DATED AS OF BY AND AMONG BC EXCHANGE [l] TRS LLC, a Delaware limited liability company, AS DEPOSITOR, BC EXCHANGE [l] MANAGER LLC, a Delaware limited liability company, AS MANAGER &...Trust Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This TRUST AGREEMENT, dated as of [l], [l] (as the same may be amended or supplemented from time to time, this “Trust Agreement”) of BC Exchange [l] DST (the “Trust”), is made by and among BC Exchange [l] TRS LLC, a Delaware limited liability company (as the “Depositor”), BC Exchange [l] Manager LLC, a Delaware limited liability company, as Manager and Signatory Trustee, and the Corporation Trust Company of Delaware (“CTC”) as Delaware Trustee.
FIRST AMENDMENT TO FACILITATION FEE AGREEMENTFacilitation Fee Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Colorado
THIS FIRST AMENDMENT TO FACILITATION FEE AGREEMENT (this “First Amendment”) is to be effective for all purposes as of February ___, 2019, by and between Black Creek Exchange LLC, a Delaware limited liability company (“BCX Sponsor”) and Black Creek Diversified Property Advisors LLC, a Delaware limited liability company (“DPF Advisor”).
MASTER LEASEMaster Lease • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Colorado
This Master Lease, dated as of [l], [l] (this “Lease”) is by and among BC Exchange [l] DST, a Delaware statutory trust (together with its successors and assigns, “Landlord”), and BC Exchange [l] Master Tenant LLC, a Delaware limited liability company, having an address at 518 17th Street, 17th Floor, Denver, Colorado 80202 (together with its successors and assigns, “Tenant”).
SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
Black Creek Exchange LLC, a Delaware limited liability company (the "Company"), is offering for sale from time to time, either directly or through wholly-owned subsidiaries, in one or more private placements (each, a "Private Placement," and collectively, the "Private Placements") of beneficial interests (each, an "Interest" and, collectively, the "Interests") in specific Delaware statutory trusts (each, a "Trust" and collectively, the "Trusts") reflecting an indirect ownership of up to $1,000,000,000 of Interests (measured from March 2, 2016, which was the date the original Dealer Manager Agreement with respect to the Private Placements was executed, such date is the “Program Launch Date”) , pursuant to the Confidential Program Description Memorandum, dated as of September 1, 2017 (as may be amended or supplemented from time to time, the "Memorandum"). The Company is a wholly-owned subsidiary of Black Creek Diversified Property Operating Partnership LP, a Delaware limited partnership
GUARANTYGuaranty • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Colorado
THIS GUARANTY (this “Guaranty”) is made as of [l], [l] by BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, having an address at 518 17th Avenue, 17th Floor, Denver, Colorado 80202 (“Guarantor”).
