0001499875-12-000014 Sample Contracts

AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. Dated as of November 12, 2012
Limited Partnership Agreement • November 13th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of November 12, 2012, is entered into among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.

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SECOND AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., American Realty Capital HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND American Realty Capital HEALTHCARE ADVISORS, LLC Dated as of November...
Advisory Agreement • November 13th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York

THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of November 12, 2012, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.

FIRST AMENDMENT TO credit agreement AND OTHER LOAN DOCUMENTS
Credit Agreement • November 13th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts

THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 25th day of October, 2012, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (“REIT”), the parties executing below as Subsidiary Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).

ASSIGNMENT, ASSUMPTION AND ALLOCATION AGREEMENT
Assignment, Assumption and Allocation Agreement • November 13th, 2012 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York

This ASSIGNMENT, ASSUMPTION AND ALLOCATION AGREEMENT (this “Agreement”) is entered into as of November 12, 2012, between American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “Company”) and American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “OP”, and, together with the Company, the “Parties”).

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