NINTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BCI IV Operating PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP November 24, 2021Limited Partnership Agreement • November 24th, 2021 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts • Delaware
Article 1 DEFINED TERMS 2 Article 2 PARTNERSHIP FORMATION AND IDENTIFICATION 16 2.1 Formation 16 2.2 Name, Office and Registered Agent 16 2.3 Partners 16 2.4 Term and Dissolution 16 2.5 Filing of Certificate and Perfection of Limited Partnership 17 2.6 Certificates Describing Partnership Units and Special Partnership Units 17 Article 3 BUSINESS OF THE PARTNERSHIP 17 Article 4 CAPITAL CONTRIBUTIONS AND ACCOUNTS 18 4.1 Capital Contributions. 18 4.2 Classes and Series of Partnership Units. 18 4.3 Additional Capital Contributions and Issuances of Additional Partnership Interests. 19 4.4 Additional Funding. 21 4.5 Capital Accounts. 21 4.6 Percentage Interests. 22 4.7 No Interest On Contributions. 22 4.8 Return Of Capital Contributions. 22 4.9 No Third Party Beneficiary. 22 Article 5 PROFITS AND LOSSES; DISTRIBUTIONS 23 5.1 Allocation of Profit and Loss. 23 5.2 Distribution of Cash. 25 5.3 REIT Distribution Requirements. 29 5.4 No Right to Distributions in Kind. 29 5.5 Limitations on R
FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT (2021) among BLACK CREEK INDUSTRIAL REIT IV INC., BCI IV OPERATING PARTNERSHIP LP and ARES COMMERCIAL REAL ESTATE MANAGEMENT LLCAdvisory Agreement • November 24th, 2021 • BLACK CREEK INDUSTRIAL REIT IV Inc. • Real estate investment trusts
THIS FOURTH AMENDED AND RESTATED ADVISORY AGREEMENT (2021) (the “Agreement”), dated as of November 24, 2021, is among Black Creek Industrial REIT IV Inc., a Maryland corporation (the “Corporation”), BCI IV Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and Ares Commercial Real Estate Management LLC, a Delaware limited liability company (the “Advisor”).
