PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
into as of the 5th day of March, 2012, by and between 1100-1114 KINGS HIGHWAY LLC (“1100 Kings Owner”), 2067-2073 CONEY ISLAND AVENUE LLC (“2067 Coney Owner”) and 2091-2097 CONEY ISLAND AVENUE LLC (“2091 Coney Owner”) , having an address c/o Wharton Realty, 500 Fifth Avenue, 54th Floor, New York, New York 10110 (1100 Kings Owner, 2067 Coney Owner and 2091 Coney Owner are collectively referred to as "Seller"), and AMERICAN REALTY CAPITAL III, LLC, a Delaware limited liability company authorized to transact business in the State of New York, having an address at 405 Park Avenue, 15th Floor, New York, New York 10022 ("Purchaser"), and, subject to Article 19, Purchaser's permitted successors and assigns.
SECOND AMENDMENT TO SECOND AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
This SECOND AMENDMENT TO SECOND AMENDED AND RESTATED ADVISORY AGREEMENT is entered into as of April 13, 2012, among American Realty Capital New York Recovery REIT, Inc. (the “Company”), New York Recovery Operating Partnership, L.P. (the “OP”) and New York Recovery Advisors, LLC (the “Advisor”).
GUARANTY made byGuaranty • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
This GUARANTY (this “Guaranty”), dated as of March 30, 2012, made by AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation (“REIT Guarantor”) and each SUBSIDIARY GUARANTOR named in the signature pages hereof and hereafter executing a Joinder Agreement hereto (each a “Subsidiary Guarantor” and collectively, the “Subsidiary Guarantors”; the REIT Guarantor and the Subsidiary Guarantors, each a “Guarantor” and collectively, “Guarantors”), each having an address at c/o American Realty Capital, 405 Park Avenue, 15th Floor, New York, New York, 10022, in favor of CAPITAL ONE, NATIONAL ASSOCIATION, as administrative agent for the Lenders referenced below (in such capacity, the “Administrative Agent”), having an address at 90 Park Avenue, New York, New York 10016.
REAL ESTATE SALE CONTRACTReal Estate Sale Contract • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
CREDIT AGREEMENT, dated as of March 30, 2012, among NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., as Borrower, The LENDERS Party Hereto, as Lenders, The SWINGLINE LENDER party hereto, as Swingline Lender, and CAPITAL ONE, NATIONAL ASSOCIATION, as...Credit Agreement • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts • New York
CREDIT AGREEMENT, dated as of March 30, 2012, among NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), the LENDERS party hereto, and CAPITAL ONE, NATIONAL ASSOCIATION, as Administrative Agent, Sole Lead Arranger and Bookrunner.
PROMISSORY NOTEPromissory Note • May 10th, 2012 • American Realty Capital New York Recovery Reit Inc • Real estate investment trusts
This Note is one of the Notes referred to in the Credit Agreement dated as of March 30, 2012 (as modified and supplemented and in effect from time to time, the “Credit Agreement”) among Borrower, the lenders party thereto (including the Lender) and Capital One, National Association, as Administrative Agent, and evidences Loans made by the Lender thereunder. Terms used but not defined in this Note have the respective meanings assigned to them in the Credit Agreement.
