SECOND AMENDED AND RESTATED ADVISORY AGREEMENTAdvisory Agreement • July 8th, 2021 • InPoint Commercial Real Estate Income, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”), dated as of July 1, 2021 (the “Effective Date”), is entered into by and among InPoint Commercial Real Estate Income, Inc., a Maryland corporation (the “Company”), InPoint REIT Operating Partnership, LP, a Delaware limited partnership of which the Company is the sole general partner (the “Operating Partnership”), and Inland InPoint Advisor, LLC, a Delaware limited liability company (the “Advisor”). All references to the Company in this Agreement shall include the Company’s wholly owned subsidiaries and, where applicable, the Operating Partnership. This Agreement amends and restates in its entirety the First Amended and Restated Advisory Agreement, dated as of April 29, 2019, by and among the Company, the Operating Partnership and the Advisor, and shall become effective as of the Effective Date.
EXPENSE LIMITATION AGREEMENTExpense Limitation Agreement • July 8th, 2021 • InPoint Commercial Real Estate Income, Inc. • Real estate investment trusts • Delaware
THIS EXPENSE LIMITATION AGREEMENT (“Expense Limitation Agreement”) is made as of July 1, 2021 (the “Effective Date”), by and among InPoint Commercial Real Estate Income, Inc., a Maryland corporation (the “Company”), Inland InPoint Advisor, LLC, a Delaware limited liability company (the “Advisor”), and SPCRE InPoint Advisors, LLC, a Delaware limited liability company (the “Sub-Advisor”).
SECOND AMENDED AND RESTATED SUB-ADVISORY AGREEMENTSub-Advisory Agreement • July 8th, 2021 • InPoint Commercial Real Estate Income, Inc. • Real estate investment trusts • New York
Bucket 7 NAV > [****] [****]% [****]% (ii) AFS Split Calculation and Payment. The AFS for the applicable period shall be (A) divided between the Advisor and Sub-Advisor based upon the allocations to the Parties’ respective individual Marginal Buckets as calculated in accordance with the formula set forth in Table II below and then (B) paid to the Parties in the dollar amounts so determined.
