FOURTH AMENDED AND RESTATED INVESTMENT OPPORTUNITY ALLOCATION AGREEMENTInvestment Opportunity Allocation Agreement • May 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This FOURTH AMENDED AND RESTATED INVESTMENT OPPORTUNITY ALLOCATION AGREEMENT (this “Agreement”) is dated as of April 4, 2013, by and among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (“ARC DNAV”), American Realty Capital Properties, Inc., a Maryland corporation (“ARCP”), American Realty Capital IV, Inc., a Maryland corporation (“ARCT IV”) and American Realty Capital Trust V, Inc., a Maryland corporation (“ARCT V” and together with ARCP, ARC DNAV and ARCT IV, will be known hereafter as, the “ARC Funds”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “First Amendment”) is made and entered into as of this 18th day of March, 2013 by and among ARC Properties Operating Partnership, L.P. (as successor to American Realty Capital Operating Partnership III, L.P.), a Delaware limited partnership (“Borrower”), TIGER ACQUISITION, LLC (as successor to American Realty Capital Trust III, Inc.), a Delaware limited liability company (“Tiger”), AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (“ARCP”), the Lenders party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent for the benefit of the Lenders (in such capacity, the “Administrative Agent”), as Issuing Bank and as Swingline Lender.
