EMPLOYMENT AGREEMENT BETWEEN AMERICAN REALTY CAPITAL PROPERTIES OPERATING PARTNERSHIP, L.P. AND DAVID KAYEmployment Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This Employment Agreement (the “Agreement”), dated November 22, 2013, is entered into by and between American Realty Capital Properties Operating Partnership, L.P. (the “Company”), and David Kay (the “Executive”) (each of them being referred to as a “Party” and together as the “Parties”):
AMENDMENT AND ACKNOWLEDGEMENT OF TERMINATION OF AMENDED AND RESTATED MANAGEMENT AGEEMENTManagement Ageement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This AMENDMENT AND ACKNOWLEDGEMENT OF TERMINATION OF AMENDED AND RESTATED MANAGEMENT AGREEMENT (this “Amendment”) is entered into as of January 8th, 2014 by and among American Realty Capital Properties, Inc., a Maryland corporation (the “Company”), and ARC Properties Advisors, LLC, a Delaware limited liability company (the “Manager”).
FORM OF AWARD AGREEMENT UNDER THE AMERICAN REALTY CAPITAL PROPERTIES, INC. 2014 MULTI-YEAR OUTPERFORMANCE PLANAward Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts
This Award Agreement (this “Agreement”), is made as of the Grant Date set forth below between AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (the “Company”), its subsidiary ARC PROPERTIES OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Partnership”) and the Grantee named below. This Agreement sets forth the terms of an Award Granted to the Grantee by the Committe under the American Realty Capital Properties, Inc. 2013 Multi-Year Outperformance Plan (the “Plan”). Capitalized terms used in this Award that are not otherwise defined have the meanings assigned to such terms in the Plan.
SEVENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS SEVENTH AMENDMENT TO CREDIT AGREEMENT (this “Seventh Amendment”) is made and entered into as of this 4th day of December, 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”), the other Loan Parties party hereto, 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.
TENTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS TENTH AMENDMENT TO CREDIT AGREEMENT (this “Tenth Amendment”) is made and entered into as of this 4th day of February, 2014 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.
AUGMENTING LENDER AND INCREASING LENDER SUPPLEMENTAugmenting Lender and Increasing Lender Supplement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS AUGMENTING LENDER AND INCREASING LENDER SUPPLEMENT, dated as of December 20, 2013 (this “Supplement”), to the Credit Agreement, dated as of February 14, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (as successor to American Realty Capital Operating Partnership III, L.P.), a Delaware limited partnership (the “Borrower”), TIGER ACQUISITION, LLC (as successor to American Realty Capital Trust III, Inc.), a Delaware limited liability company, AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (“ARCP”), the Lenders party thereto, 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.
ASSIGNMENT AND ASSUMPTION AGREEMENTAssignment and Assumption Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (this “Agreement”) is executed this 8th day of January, 2014, by and between AR Capital, LLC, a Delaware limited liability company (“Assignor”), and American Realty Capital Properties, Inc., a Maryland corporation (“Assignee”), and is made with reference to the following recitals:
THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARC PROPERTIES OPERATING PARTNERSHIP, L.P. RECITALS THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (the...American Realty Capital Properties, Inc. • February 27th, 2014 • Real estate investment trusts • Delaware
AUGMENTING LENDER SUPPLEMENTAugmenting Lender Supplement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
THIS AUGMENTING LENDER SUPPLEMENT, dated as of January 17, 2014 (this “Supplement”), to the Credit Agreement, dated as of February 14, 2013 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (as successor to American Realty Capital Operating Partnership III, L.P.), a Delaware limited partnership (the “Borrower”), TIGER ACQUISITION, LLC (as successor to American Realty Capital Trust III, Inc.), a Delaware limited liability company, AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (“ARCP”), the Lenders party thereto, 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.
ASSET PURCHASE AND SALE AGREEMENTAsset Purchase and Sale Agreement • February 27th, 2014 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This ASSET PURCHASE AND SALE AGREEMENT (the “Agreement”) is entered into as of January 8th, 2014 by and among ARC Properties Operating Partnership, L.P., a Delaware limited partnership (the “Buyer”), and ARC Properties Advisors, LLC, a Delaware limited liability company (the “Seller”).
