NINTH AMENDED AND RESTATED ADVISORY AGREEMENT among DIVIDEND CAPITAL DIVERSIFIED PROPERTY FUND INC., DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP and DIVIDEND CAPITAL TOTAL ADVISORS LLCAdvisory Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionTHIS NINTH AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of March 2, 2016, is among Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “Company”), Dividend Capital Total Realty Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and Dividend Capital Total Advisors LLC, a Delaware limited liability company.
FIFTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP March 2, 2016Limited Partnership Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionThis Fifth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of March 2, 2016, between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
TRUST AGREEMENT OF DCX [·] DST, a Delaware statutory trust DATED AS OF [·], [·] BY AND AMONG TRT [·] LLC, a Delaware limited liability company, AS INITIAL DEPOSITOR DCX [·] MANAGER LLC, a Delaware limited liability company, AS MANAGER & SIGNATORY...Trust Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionThis Limited Partnership Agreement (this “Agreement”), effective as of the Transfer Date, is entered into by and between DCX [●] Manager LLC, a Delaware limited partnership, or its affiliate as the General Partner and in its capacity as Manager of the Initial Limited Partner, and the parties listed on Exhibit B and executing counterparts to this Agreement, as Limited Partners, pursuant to the Act on the following terms and conditions.
GUARANTYGuaranty • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionTHIS GUARANTY (this “Guaranty”) is made as of [●], [●] by DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, having an address at 518 17th Avenue, 17th Floor, Denver, Colorado 80202 (“Guarantor”).
DEALER MANAGER AGREEMENTDealer Manager Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionDividend Capital 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 in specific Delaware statutory trusts (each, an “Interest” and, collectively, the “Interests”) reflecting an indirect ownership of up to $500,000,000 of Interests, pursuant to the Confidential Program Description Memorandum, dated as of March 2, 2016 (as may be amended or supplemented from time to time, the “Memorandum”). The Company is a wholly-owned subsidiary of Dividend Capital Total Realty Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”). The Operating Partnership is the entity through which Dividend Capital Diversified Property Fund Inc., a Maryland corporation (“Dividend Capital Diversified Property Fund” or “DPF”), its general partner,
MASTER LEASE DCX [●] DST, a Delaware statutory trust, as Landlord, -to- DCX [●] Master Tenant LLC, a Delaware limited liability company as Tenant Premises: [●] Dated as of: [●], [●]Master Lease • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
Contract Type FiledApril 7th, 2016 Company Industry JurisdictionThis Master Lease, dated as of [●],[●] (this “Lease”) is by and among DCX [●] DST, a Delaware statutory trust (together with its successors and assigns, “Landlord”), and DCX [●] 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”).