Outperformance Agreement Sample Contracts

GLOBAL NET LEASE, INC.
Outperformance Agreement • August 10th, 2015 • Global Net Lease, Inc. • Real estate investment trusts • Delaware

This AMENDED AND RESTATED 2015 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of August 7, 2015 (the “Grant Date”), by and among GLOBAL NET LEASE INC., a Maryland corporation (the “Company”), its subsidiary GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and GLOBAL NET LEASE ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).

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AMENDED AND RESTATED RCS CAPITAL CORPORATION 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT
Outperformance Agreement • February 28th, 2014 • RCS Capital Corp • Security brokers, dealers & flotation companies • Delaware

This AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of February 11, 2014 (the “Reorganization Date”), among RCS Capital Corporation, a Delaware corporation (the “Company”), Realty Capital Securities, LLC, a Delaware limited liability company (“RCSCCS”), RCS Advisory Services, LLC, a Delaware limited liability company (“RCSAS”), American National Stock Transfer, LLC, a Delaware limited liability company (“ANST”, and together with RCSCCS and RCSAS, the “Operating Subsidiaries”), RCS Capital Holdings, LLC, a Delaware limited liability company(the “Partnership”), and RCS Capital Management, LLC, a Delaware limited liability company and the Company’s service provider (the “Service Provider”).

AMENDMENT NO. 1 TO AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT
Outperformance Agreement • May 2nd, 2014 • RCS Capital Corp • Security brokers, dealers & flotation companies • New York

This AMENDMENT NO. 1 TO AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENTS, dated as of April 28, 2014 (this “Amendment”), is entered into by and among RCS Capital Corporation (the “Company”), RCS Capital Holdings, LLC (the “Partnership”), and RCS Capital Management, LLC, the Company’s service provider (the “Service Provider”).

RCS CAPITAL CORPORATION 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT
Outperformance Agreement • May 30th, 2013 • RCS Capital Corp • Security brokers, dealers & flotation companies • Delaware

This 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of _______________, 2013 (the “Grant Date”), between RCS Capital Corporation, a Delaware corporation (the “Company”), its subsidiaries Realty Capital Securities, LLC, a Delaware limited liability company (“RCSCCS”), RCS Advisory Services, LLC, a Delaware limited liability company (“RCSAS”), and American National Stock Transfer, LLC, a Delaware limited liability company (“ANST”), which are the entities through which the Company conducts substantially all of its operations (collectively, the “Partnerships”), and RCS Capital Management, LLC, a Delaware limited liability company, the Company’s manager (the “Manager”).

FIRST AMENDMENT TO
Outperformance Agreement • March 7th, 2019 • American Finance Trust, Inc • Real estate investment trusts

This FIRST AMENDMENT TO THE 2018 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Amendment”) made as of and effective as of March 6, 2019, by and among AMERICAN FINANCE TRUST, INC. a Maryland corporation (the “Company”), its subsidiary AMERICAN FINANCE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and AMERICAN FINANCE ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).

AGREEMENT TERMINATING THE AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT
Outperformance Agreement • June 5th, 2014 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware

This AGREEMENT TERMINATING THE AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. 2014 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT, dated as of June 1, 2014 (this “Agreement”), is entered into by and among American Realty Capital Healthcare Trust, Inc. (the “Company”), American Realty Capital Healthcare Trust Operating Partnership, L.P. (the “Partnership”), and American Realty Capital Healthcare Advisors LLC (the “Advisor”).

FIRST AMENDMENT TO
Outperformance Agreement • February 28th, 2019 • Global Net Lease, Inc. • Real estate investment trusts

This FIRST AMENDMENT TO THE 2018 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Amendment”) made as of and effective as of February 27, 2019, by and among GLOBAL NET LEASE, INC. a Maryland corporation (the “Company”), its subsidiary GLOBAL NET LEASE OPERATING PARTNERSHIP, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and GLOBAL NET LEASE ADVISORS, LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).

AMENDMENT NO. 2 TO AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT
Outperformance Agreement • March 11th, 2015 • RCS Capital Corp • Security brokers, dealers & flotation companies • New York

This AMENDMENT NO. 2 TO THE AMENDED AND RESTATED 2013 MULTI-YEAR OUTPERFORMANCE AGREEMENT, dated as of December 31, 2014 (this “Amendment”), is entered into by and among RCS Capital Corporation (the “Company”), RCS Capital Holdings, LLC (“Holdings”), and RCS Capital Management, LLC, the Company’s service provider (the “Service Provider”).

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