CREDIT AGREEMENT Dated as of September 27, 2011 among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, as the Borrower The Lenders Party Hereto and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent,...Credit Agreement • October 17th, 2011 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of September 27, 2011, among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and PNC BANK, NATIONAL ASSOCIATION, as Administrative Agent, Swing Line Lender and L/C Issuer.
EXHIBIT 99.1 Option No. ___ [FORM OF DIRECTOR OPTION AGREEMENT] NON-QUALIFIED STOCK OPTION AGREEMENT ISSUED UNDER THE DIVIDEND CAPITAL TOTAL REALTY TRUST INC. EQUITY INCENTIVE PLAN A. A STOCK OPTION (the "Option") for a total of [_______] shares of...Dividend Capital Total Realty Trust Inc. • April 7th, 2006 • Real estate investment trusts
CREDIT AGREEMENT Dated as of December 19, 2012 among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer, PNC...Credit Agreement • December 21st, 2012 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT is entered into as of December 19, 2012, among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
SEVENTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP JANUARY 1, 2019Limited Partnership Agreement • January 7th, 2019 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Seventh Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of January 1, 2019, between Black Creek Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Diversified Property Fund Inc., f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • January 13th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT ("Agreement") is made and entered into as of the day of , 2006 by and among Dividend Capital Total Realty Trust Inc., a Maryland corporation (the "Company") and , a director and/or officer of the Company (the "Indemnitee").
SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (2023) among ARES REAL ESTATE INCOME TRUST INC., AREIT OPERATING PARTNERSHIP LP and ARES COMMERCIAL REAL ESTATE MANAGEMENT LLCAdvisory Agreement • August 11th, 2023 • Ares Real Estate Income Trust Inc. • Real estate investment trusts
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (2023) (this “Agreement”), dated and effective as of June 3, 2023, is among Ares Real Estate Income Trust Inc., a Maryland corporation (the “Company”), AREIT Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and Ares Commercial Real Estate Management LLC, a Delaware limited liability company (the “Advisor”).
FORM OF FOURTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIPAgreement • June 22nd, 2012 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
This Fourth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of [ ], 2012, between Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FOURTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP JULY 12, 2012Limited Partnership Agreement • July 12th, 2012 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Fourth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of July 12, 2012, between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
twelfth AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF AREIT Operating Partnership LP A DELAWARE LIMITED PARTNERSHIP JUNE 3, 2023Limited Partnership Agreement • August 11th, 2023 • Ares Real Estate Income Trust Inc. • Real estate investment trusts • Delaware
This Twelfth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of June 3, 2023, between Ares Real Estate Income Trust Inc., a Maryland corporation (f/k/a Black Creek Diversified Property Fund Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
FIXED RATE NOTEDividend Capital Total Realty Trust Inc. • February 16th, 2007 • Real estate investment trusts
FOR VALUE RECEIVED, TRT ALLIANCE DIEHL LLC, a Delaware limited liability company (“Borrower”), promises to pay to the order of JPMORGAN CHASE BANK, N.A., a banking association chartered under the laws of the United States of America, its successors and assigns (hereinafter referred to as “Lender”), at the office of Lender or its agent, designee, or assignee at 270 Park Avenue, New York, New York 10017, Attention: Loan Servicing, or at such place as Lender or its agent, designee, or assignee may from time to time designate in writing, the principal sum of TWENTY-ONE MILLION THREE HUNDRED THOUSAND AND 00/100 DOLLARS ($21,300,000.00), in lawful money of the United States of America, with interest thereon to be computed on the unpaid principal balance from time to time outstanding at the Applicable Interest Rate (hereinafter defined) at all times prior to the occurrence of an Event of Default (as defined in the Security Instrument [hereinafter defined]), and to be paid in installments as s
MANAGEMENT AGREEMENTManagement Agreement • January 13th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS MANAGEMENT AGREEMENT ("Agreement") is made and entered into as of the 9th day of January, 2006, by and between DIVIDEND CAPITAL TOTAL REALTY TRUST INC., a Maryland corporation ("Owner"), and DIVIDEND CAPITAL PROPERTY MANAGEMENT LLC., a Colorado limited liability company ("Manager").
PROPERTY MANAGEMENT AGREEMENTProperty Management Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Property Management Agreement (the “Agreement”) made as of the 8th day of December, 2006, by and between DCT Silver Springs LLC, a Delaware limited liability company, (“Owner”), and The Flynn Company, a Pennsylvania corporation (“Property Manager”).
SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT among DIVIDEND CAPITAL TOTAL REALTY TRUST INC., DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP and DIVIDEND CAPITAL TOTAL ADVISORS LLCAdvisory Agreement • August 6th, 2009 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS SEVENTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of August 5, 2009, is among Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “Company”), Dividend Capital Total Realty Operating Partnership LP, a Delaware limited partnership, and Dividend Capital Total Advisors LLC, a Delaware limited liability company.
PURCHASE AND SALE AGREEMENT Between DCT MN VALLEY LLC and TRT MINNESOTA VALLEY III LLC Dated as of October 31, 2006Purchase and Sale Agreement • November 14th, 2006 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of October 31, 2006, by and between DCT MN VALLEY LLC, a Delaware limited liability company (“Seller”) and TRT MINNESOTA VALLEY III LLC, a Delaware limited liability company (“Buyer”).
DIVIDEND CAPITAL DIVERSIFIED PROPERTY FUND INC. SELECTED DEALER AGREEMENTSelected Dealer Agreement • September 19th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts
Each of Dividend Capital Diversified Property Fund Inc., a Maryland corporation (the “Company”), Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”) and Dividend Capital Total Advisors LLC, a Delaware limited liability company (the “Advisor”), hereby confirms its agreement with Raymond James & Associates, Inc., a Florida corporation (“Raymond James”), as follows:
FORM OF SELECTED DEALER AGREEMENTForm of Selected Dealer Agreement • May 20th, 2015 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
Dividend Capital Securities LLC, as the dealer manager (“Dealer Manager”) for Dividend Capital Diversified Property Fund Inc. (the “Company”), a Maryland corporation which will be taxed as a real estate investment trust, invites you (the “Dealer”) to participate in the distribution of shares of common stock (“Shares”) of the Company subject to the following terms:
THIRD AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • September 1st, 2017 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Colorado
This Third Amended and Restated Dealer Manager Agreement (this “Agreement”) amends, restates and replaces in full that certain Second Amended and Restated Dealer Manager Agreement dated September 16, 2015, by and between Black Creek Diversified Property Fund Inc., a Maryland corporation (the “Company”) and Black Creek Capital Markets, LLC (the “Dealer Manager”).
FIFTH AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP March 2, 2016Limited Partnership Agreement • April 7th, 2016 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Fifth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of March 2, 2016, between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (f/k/a Dividend Capital Total Realty Trust Inc.) (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
PARTNERSHIP AGREEMENT OF TRT-DCT INDUSTRIAL JV III GENERAL PARTNERSHIP (a Delaware General Partnership)Partnership Agreement • September 11th, 2008 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
THIS PARTNERSHIP AGREEMENT, made and entered into and effective as of September 9, 2008, by and between TRT INDUSTRIAL FUND III LLC, a Delaware limited liability company (“TRT LLC”), and DCT INDUSTRIAL FUND III LLC, a Delaware limited liability company (“DCT LLC”).
DEALER MANAGER AGREEMENTDealer Manager Agreement • March 28th, 2008 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • New York
As described in more detail below, on June 11, 2007, Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “Company”), filed a registration statement, Registration No.333-143662, with the SEC for an offering (the “Offering”) of up to $2,000,000,000 in shares (the “Shares” or the “Stock”) of its common stock, $.01 par value per share, comprised of a maximum amount of Shares set forth in the Prospectus (as defined below) that will be issued and sold to the public at the public offering price per share set forth in the Prospectus and a maximum amount of Shares set forth in the Prospectus that will be offered pursuant to the Company’s distribution reinvestment plan (subject to the Company’s right to reallocate such Share amounts, as described in the Prospectus). In connection with the Offering, the minimum purchase by any one person shall be 200 Shares (except as otherwise indicated in the Prospectus or in any letter or memorandum from the Company to Dividend Capital Securi
DIVIDEND CAPITAL TOTAL REALTY TRUST, INC. Fifth Amended and Restated Share Redemption Program As Adopted by Board of Directors, November 11, 2010Dividend Capital Total Realty Trust Inc. • November 15th, 2010 • Real estate investment trusts
Company – Shall mean Dividend Capital Total Realty Trust, Inc. The Company may be referred to as “we” or “our” within the context of this document.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 5th, 2020 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
This First Amendment to Credit Agreement (this “Amendment”) is made as of December 23, 2019 by and among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Amendment (collectively, the “Lenders”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, not individually, but as “Administrative Agent”.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENTCredit and Term Loan Agreement • March 3rd, 2017 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts • New York
This First Amendment to Amended and Restated Credit and Term Loan Agreement (this “Amendment”) is made as of December 22, 2016, by and among DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP L.P., a Delaware limited partnership (the “Borrower”), several banks, financial institutions and other entities referred to in the signature pages to this Agreement (collectively, the “Lenders”), and BANK OF AMERICA, N.A., not individually, but as “Administrative Agent”.
BLACK CREEK DIVERSIFIED PROPERTY FUND INC. Amended and Restated Share Redemption Program Effective as of October 13, 2017Black Creek Diversified Property Fund Inc. • October 13th, 2017 • Real estate investment trusts
Company – Shall mean Black Creek Diversified Property Fund Inc., a Maryland corporation. The Company may be referred to as “we” or “our” within the context of this document.
CONTRIBUTION AND SALE AGREEMENTContribution and Sale Agreement • August 14th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Colorado
THIS CONTRIBUTION AND SALE AGREEMENT (this “Agreement”) is made and entered into as of April 25, 2007 (the “Effective Date”) among JDN REAL ESTATE-APEX L.P., a Georgia limited partnership (“Apex”), JDN DEVELOPMENT COMPANY, INC., a Delaware corporation (“JDN”), DEVELOPERS DIVERSIFIED REALTY CORPORATION, an Ohio corporation (“DDR”), MT. NEBO POINTE LLC, an Ohio limited liability company (“Mt. Nebo”), CENTERTON SQUARE LLC, a Delaware limited liability company (“Centerton”, each of Apex, JDN, DDR, Mt. Nebo and Centerton, a “Contributor” and collectively, the “Contributors”), DIVIDEND CAPITAL TOTAL REALTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (“TRT”), and TRT DDR VENTURE I GENERAL PARTNERSHIP, a Delaware general partnership (“Joint Venture”).
REAL ESTATE PURCHASE AND SALE AGREEMENTReal Estate Purchase and Sale Agreement • August 11th, 2022 • Ares Real Estate Income Trust Inc. • Real estate investment trusts • Texas
SECOND AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT Dated as of January 11, 2019 among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower andCredit and Term Loan Agreement • January 16th, 2019 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED CREDIT AND TERM LOAN AGREEMENT is entered into as of January 11, 2019, among BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP, a Delaware limited partnership (the “Borrower), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, a Swing Line Lender and an L/C Issuer, and the other Swing Line Lenders and L/C Issuers from time to time party hereto.
FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (30 Properties)Purchase and Sale Agreement • August 13th, 2010 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
THIS FOURTH AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) is made and entered into this 25th day of June, 2010, by and between Seller and Purchaser.
tenth AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF BLACK CREEK DIVERSIFIED PROPERTY OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP july 1, 2021Limited Partnership Agreement • July 1st, 2021 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • Delaware
This Tenth Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into as of July 1, 2021, between Black Creek Diversified Property Fund Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto.
PARTNERSHIP AGREEMENT OF TRT DDR VENTURE I GENERAL PARTNERSHIP A Delaware General PartnershipPartnership Agreement • August 14th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Delaware
THIS PARTNERSHIP AGREEMENT (this “Agreement”) of TRT DDR VENTURE I GENERAL PARTNERSHIP (the “Partnership”) is made as of the 11th day of May, 2007, by and between DDR TRT GP LLC, a Delaware limited liability company (“DDR”), and TRT-DDR Joint Venture I Owner LLC, a Delaware limited liability company (“TRT”).
AMENDED AND RESTATED LOAN AGREEMENTLoan Agreement • January 19th, 2018 • Black Creek Diversified Property Fund Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED LOAN AGREEMENT, dated as of October 19, 2017 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is between DPF 655 MONTGOMERY LP, a Delaware limited partnership, having an address at c/o Black Creek Diversified Property Fund Inc., 518 17th Street, 17th Floor, Denver, Colorado 80202(together with its permitted successors and permitted assigns, “Borrower”) and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company (“MSMCH”), having an office at 1585 Broadway, New York, New York 10036, as administrative agent (including any of its successors and assigns, “Agent”) for MORGAN STANLEY BANK, N.A., a national banking association having an office at 1585 Broadway, New York, New York 10036, and the other Lenders signatory hereto (collectively, together with such other co-lenders as may exist from time to time, “Lender” or “Lenders”).
PROMISSORY NOTEDividend Capital Total Realty Trust Inc. • August 14th, 2007 • Real estate investment trusts • New York
FOR VALUE RECEIVED, the undersigned, CENTERTON SQUARE LLC, TRT DDR BEAVER CREEK LLC, and TRT DDR MT. NEBO LLC, each a Delaware limited liability company, as borrower (individually and/or collectively, as the context may require, “Borrower”), each having an address at c/o Developers Diversified Realty Corporation, 3300 Enterprise Parkway, Beachwood, Ohio 44122, promises to pay to the order of WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association (together with its successors and assigns, “Lender”), at the office of Lender at Commercial Real Estate Services, 8739 Research Drive URP – 4, NC 1075, Charlotte, North Carolina 28262, or at such other place as Lender may designate to Borrower in writing from time to time, the principal sum of ONE HUNDRED TEN MILLION AND NO/100 DOLLARS ($110,000,000), together with interest on so much thereof as is from time to time outstanding and unpaid, from the date of the advance of the principal evidenced hereby, at the rate of five and 51/10
PURCHASE AND SALE AGREEMENT by and between TRT ACQUISITIONS LLC (Purchaser) and TEDESCHI REALTY CORPORATION EASTWAY PLAZA LLC KINGSBURY SQUARE LLC BETA PROPERTIES LLC T.D. MANSFIELD ASSOCIATES LLC MERIDEN REALTY LLC MIDDLEBORO ASSOCIATES LLC TERRENCE...Purchase and Sale Agreement • August 14th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts • Massachusetts
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”), dated as of June 7, 2007 (the “Effective Date”), is entered into by and among TEDESCHI REALTY CORPORATION, a Massachusetts corporation (“Tedeschi Realty”), EASTWAY PLAZA LLC, a Massachusetts limited liability company (“Eastway”), KINGSBURY SQUARE LLC, a Massachusetts limited liability company (“Kingsbury Square”), BETA PROPERTIES LLC, a Massachusetts limited liability company (“Beta”), T.D. MANSFIELD ASSOCIATES LLC, a Massachusetts limited liability company (“TD Mansfield”), MERIDEN REALTY LLC, a Massachusetts limited liability company (“Meriden Realty”), MIDDLEBORO ASSOCIATES LLC, a Massachusetts limited liability company (“Middleboro Associates”), TERRENCE C. TEDESCHI, as TRUSTEE OF HANWELL NOMINEE TRUST, established pursuant to a Declaration of Trust, dated January 6, 1984, recorded with the Plymouth County Registry of Deeds (the “Plymouth Registry”) in Book 5551, Page 248 (“Hanwell Trust”), COVE ROAD LLC, a Massachusetts limited
FORM OF AMENDMENT NO. 1 TO AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • May 21st, 2013 • Dividend Capital Diversified Property Fund Inc. • Real estate investment trusts
This Amendment No. 1 (this “Amendment”) dated May [__], 2013, amends that certain Amended and Restated Dealer Manager Agreement dated February 8, 2013 (the “Dealer Manager Agreement”) by and between Dividend Capital Diversified Property Fund Inc., a Maryland corporation (the “Company”) and Dividend Capital Securities LLC (the “Dealer Manager”). Capitalized terms used herein but not defined shall have the meaning set forth in the Dealer Manager Agreement.
ASSIGNMENT AND ASSUMPTION OF AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAssignment and Assumption of Agreement • February 16th, 2007 • Dividend Capital Total Realty Trust Inc. • Real estate investment trusts
This Assignment and Assumption of Agreement of Purchase and Sale and Joint Escrow Instructions (“Assignment”) is entered into by and between DCT INDUSTRIAL OPERATING PARTNERSHIP LP, a Delaware limited partnership (“Assignor”) and TRT-DCT HANSON WAY LP, a Delaware limited partnership(“Assignee”), dated effective as of December , 2006 (the “Effective Date”).
