FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • March 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of the ____ day of ________, 20___ (the “Effective Date”), by and between American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), and ___________________ (“Indemnitee”).
AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P.Exchange Rights Agreement • January 22nd, 2008 • American Realty Capital Trust, Inc. • Real estate • Delaware
AMERICAN REALTY CAPITAL TRUST, INC. 150,000,000 SHARES OF COMMON STOCK $.01 PAR VALUE PER SHARE DEALER MANAGER AGREEMENTDealer Manager Agreement • January 17th, 2008 • American Realty Capital Trust, Inc. • Real estate • Pennsylvania
American Realty Capital Trust, Inc. (the “Company”), a Maryland corporation, intends to qualify as a real estate investment trust (a “REIT”) under federal income tax laws. The Company was formed on __________, 2007, and is governed by the By-Laws (the “By-Laws”) and the Articles of Incorporation, (the “Articles”) in the form included as Exhibits to the Registration Statement, as described in Section 1(a) hereof (such By-Laws and Articles being hereinafter referred to as the “Organizational Documents”). The advisor to the Company is Realty Capital Securities, LLC, a Delaware limited liability company (the “Advisor”). Unless otherwise defined, capitalized terms used herein shall have the same meaning as in the Articles.
Exhibit A SOLICITING DEALERS AGREEMENT AMERICAN REALTY CAPITAL TRUST, INC.Soliciting Dealers Agreement • January 17th, 2008 • American Realty Capital Trust, Inc. • Real estate
We have entered into an agreement (the “Dealer Manager Agreement”) which is a part hereof and attached hereto, with American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), under which we have agreed to use our best efforts to solicit subscriptions for the shares of Common Stock (the “Shares”) in the Company. The Company is offering to the public an aggregate maximum of up to 150,000,000 Shares at a price of $10 per Share on a “best efforts” basis, and up to 25,000,000 Shares issued pursuant to the Distribution Reinvestment Program at a price of $9.50 per Share (the “Offering”). Unless otherwise defined, capitalized terms used herein shall have the same meaning as in the Registration Statement.
AMENDED AND RESTATED ADVISORY AGREEMENT AMONG AMERICAN REALTY CAPITAL TRUST, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P. and AMERICAN REALTY CAPITAL ADVISORS, LLCAdvisory Agreement • June 3rd, 2010 • American Realty Capital Trust, Inc. • Real estate • Pennsylvania
This Amended and Restated Advisory Agreement (this “Agreement”) dated as of June 2, 2010 is among American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership, L.P., a Delaware limited partnership (the “OP”), and American Realty Capital Advisors, LLC, a Delaware limited liability company (the “Advisor”). The Company and the OP are sometimes referred to herein collectively as the “Advisees” and each individually as an “Advisee.”
FORM OF MANAGEMENT AGREEMENTManagement Agreement • November 20th, 2007 • American Realty Capital Trust, Inc. • Real estate • Pennsylvania
This management agreement (this “Management Agreement”) is made and entered into as of the ___ day of ____________, 2008, by and among AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”, and together with the Company, the “Owner”), and AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
NOTENote • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate
FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to the order of TD Bank, N.A. or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to Borrower under that certain Amended and Restated Term Loan Agreement, dated as of July 2, 2012 (as amended, restated, extended, supplemented, or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), the Lenders from time to time party thereto, and Wells Fargo Bank, National Association, as Administrative Agent.
AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • September 3rd, 2008 • American Realty Capital Trust, Inc. • Real estate • Massachusetts
This AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT, dated as of July 15, 2008 (the “Agreement”), is made by and among American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), Realty Capital Securities, LLC, a Delaware limited liability company (“the Dealer Manager”), and Boston Private Bank & Trust Company, a Massachusetts trust company (the “Escrow Agent”), and hereby amends and restates in its entirety that certain SUBSCRIPTION ESCROW AGREEMENT entered by and among the Company, the Dealer Manager, and the Escrow Agent as of December 11, 2007.
CREDIT AGREEMENT Dated as of August 17, 2011 among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., as Borrower, AMERICAN REALTY CAPITAL TRUST, INC., as a Guarantor, RBS CITIZENS, N.A., as Administrative Agent and L/C Issuer, and Swing Line Lender...Credit Agreement • August 19th, 2011 • American Realty Capital Trust, Inc. • Real estate • New York
This CREDIT AGREEMENT (“Agreement”) is entered into as of August 17, 2011, among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and RBS CITIZENS, N.A., as Administrative Agent, Swing Line Lender and L/C Issuer.
VOTING AGREEMENTVoting Agreement • September 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • Maryland
This VOTING AGREEMENT, dated as of September 6, 2012 (this “Agreement”), is made and entered into by and among American Realty Capital Trust, Inc., a Maryland corporation (the “Company”), Realty Income Corporation, a Maryland corporation (“Parent”), Nicholas S. Schorsch and William M. Kahane (each a “Stockholder” and, collectively, the “Stockholders”).
EMPLOYMENT AGREEMENT BETWEEN WILLIAM M. KAHANE AND AMERICAN REALTY CAPITAL TRUST, INC.Employment Agreement • March 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
This Employment Agreement (the “Agreement”), dated as of March 1, 2012 (“Effective Date”), by and between American Realty Capital Trust, Inc. (the “Company”), and William M. Kahane, an individual residing at 1 West 64th Street, New York, New York 10023 (the “Executive”) (each of them being referred to as a “Party” and together as the “Parties”):
AMERICAN REALTY CAPITAL TRUST, INC. FORM OF 2012 OUTPERFORMANCE AWARD AGREEMENTAward Agreement • March 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • Delaware
This 2012 OUTPERFORMANCE AWARD AGREEMENT made as of the date set forth on Schedule A hereto between AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the “Company”), its subsidiary AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and the party listed on Schedule A (the “Grantee”).
AMENDED AND RESTATED NOTEAmerican Realty Capital Trust, Inc. • March 1st, 2012 • Real estate
FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to the order of RBS CITIZENS, N.A., or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of NINETY FIVE MILLION ($95,000,000.00) DOLLARS or, if less than such amount, the unpaid principal amount of each Loan from time to time made by the Lender to Borrower under that certain Credit Agreement, dated as of August 17, 2011 (as amended, restated, extended, supplemented, or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), the Lenders from time to time party thereto, and RBS Citizens, N.A., as Administrative Agent, Swing Line Lend
AMENDED AND RESTATED TERM LOAN AGREEMENT Dated as of July 2, 2012 among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., as Borrower, AMERICAN REALTY CAPITAL TRUST, INC., as a Guarantor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative...Term Loan Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
This AMENDED AND RESTATED TERM LOAN AGREEMENT (“Agreement”) is entered into as of July 2, 2012, among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), Wells Fargo Bank, National Association (“Wells Fargo”), as Administrative Agent (in such capacity, “Administrative Agent”), and TD BANK, N.A. and UNION BANK, N.A., as Documentation Agents.
FIFTH AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • February 18th, 2009 • American Realty Capital Trust, Inc. • Real estate
This fifth amendment (this “Amendment”) to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, as further amended by the Second Amendment to the Management Agreement, dated May 30, 2008, as further amended by the Third Amendment to the Management Agreement, dated as of September 16, 2008 and as further amended by the Fourth Amendment to the Management Agreement, dated as of October 23, 2008 (collectively, the “Agreement”) is made and entered into as of the 18th day of November, 2008, by and among AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”, and together with the Company, the “Owner”), ARC ROCK17MA LLC, a Delaware limited liability company (the “Rockland Owner”), ARC WBPCFL0001, LLC, a Delaware limited liability company (the “National City Owner”), ARC WBPBFL0001, LLC, a Delaware
AGREEMENT AND PLAN OF MERGER By and Among REALTY INCOME CORPORATION, TAU ACQUISITION LLC and AMERICAN REALTY CAPITAL TRUST, INC. Dated as of September 6, 2012Agreement and Plan of Merger • September 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • Maryland
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of TAU OPERATING PARTNERSHIP, L.P. heretofore known as American Realty Capital Operating Partnership, L.P. (the “Partnership”), dated as of [ ˜ ], 2012 and to be effective as of the Effective Date (as defined below), is entered into among [Merger Sub], a Maryland corporation (in its capacity as general partner of the Partnership, together with its successors and permitted assigns that are admitted to the Partnership as a general partner of the Partnership in accordance with the terms hereof, the “General Partner”), as successor to American Realty Capital Trust, Inc., a Maryland corporation (the “Previous General Partner”), the Persons whose names are set forth on Exhibit A attached hereto, as limited partners, and Realty Income Corporation, a Maryland corporation (the “Company”), for the sole purpose of agreeing to the provisions in Sections 7.02 and 8.04 and Article XIII hereof.
THIRD AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • February 18th, 2009 • American Realty Capital Trust, Inc. • Real estate
This third amendment to (this "Amendment") to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, and as further amended by the second Amendment to the Management Agreement, dated May 30, 2008 (collectively, the "Agreement") is made and entered into as of the 6th day of September, 2008, by and among AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the "Company"), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the "OP", and together with the Company, the "Owner"), ARC ROCK17MA LLC, a Delaware limited liability company (the "Rockland Owner"), and ARC WBPCFL0001, LLC, a Delaware limited liability company (the "National City Owner") and AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Delaware limited liability company (the "Manager").
First Amendment To Agreement and Plan of MergerAgreement and Plan of Merger • January 7th, 2013 • American Realty Capital Trust, Inc. • Real estate • Maryland
This First Amendment to Agreement and Plan of Merger (this “Amendment”), dated as of January 6, 2013 is entered into by and among Realty Income Corporation, a Maryland corporation (“Parent”), Tau Acquisition LLC, a Delaware limited liability company and a direct wholly owned subsidiary of Parent, and American Reality Capital Trust, Inc., a Maryland corporation (each, a “Party”, and collectively, the “Parties”). Capitalized terms used herein and not otherwise defined shall have the same meanings as set forth in the Agreement and Plan of Merger, dated as of September 6, 2012, by and among the Parties (the “Agreement”).
FOURTH AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • February 18th, 2009 • American Realty Capital Trust, Inc. • Real estate
This fourth amendment (this "Amendment") to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, as further amended by the Second Amendment to the Management Agreement, dated May 30, 2008, and as further amended by the Third Amendment to the Management Agreement, dated as of September 16, 2008 (collectively, the "Agreement") is made and entered into as of the __ day of October, 2008, by and among AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the "Company"), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the "OP", and together with the Company, the "Owner"), ARC ROCK17MA LLC, a Delaware limited liability company (the "Rockland Owner"), ARC WBPCFL0001, LLC, a Delaware limited liability company (the "National City Owner"), and ARC WBPBFL0001, LLC, a Delaware limited liability company (the "Pompano Owner") and AMERICAN REALTY CAPITAL PROPERTIES, LLC, a Del
AGREEMENT FOR TRANSFER OF MEMBERSHIP INTERESTSMembership Interests • February 13th, 2009 • American Realty Capital Trust, Inc. • Real estate • Delaware
THIS AGREEMENT FOR TRANSFER OF MEMBERSHIP INTERESTS (this “Agreement”) entered into as of September 16, 2008 between ARC GROWTH FUND I, LLC, a Delaware limited liability company (“Seller”), and AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Buyer”).
ContractSubordination Agreement • March 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS INSTRUMENT AND THE RIGHTS AND OBLIGATIONS EVIDENCED HEREBY ARE SUBORDINATE IN THE MANNER AND TO THE EXTENT SET FORTH IN THAT CERTAIN SUBORDINATION AGREEMENT (AS AMENDED, RESTATED, MODIFIED OR OTHERWISE SUPPLEMENTED FROM TIME TO TIME, THE “SUBORDINATION AGREEMENT”), DATED AS OF MARCH 1, 2012, BETWEEN AR CAPITAL, LLC, AND RBS CITIZENS, N.A., AS AGENT, TO THE “SENIOR DEBT” (AS DEFINED THEREIN), AND EACH Holder OF THIS INSTRUMENT, BY ITS ACCEPTANCE HEREOF, IRREVOCABLY AGREES TO BE BOUND BY THE PROVISIONS OF THE SUBORDINATION AGREEMENT.
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • April 18th, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS SECOND AMENDMENT TO CREDIT AGREEMENT (this “Second Amendment”) is made and entered into as of this 16th day of April, 2012 by and among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), the Lenders party hereto, and RBS CITIZENS, N.A., a national banking association, as Administrative Agent for the benefit of the Lenders (in such capacity, the “Administrative Agent”), as L/C Issuer and as Swing Line Lender.
LEASE AGREEMENTLease Agreement • March 31st, 2011 • American Realty Capital Trust, Inc. • Real estate
FORM OF LEASECertificate and Agreement • March 31st, 2011 • American Realty Capital Trust, Inc. • Real estate • New York
LICENSE AGREEMENTLicense Agreement • March 6th, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
This Agreement ("Agreement") is entered into as of March 1, 2012, by and between AR Capital, LLC, a Delaware limited liability company with an address of 405 Park Avenue, New York, NY 10022 ("Licensor") on the one hand, and American Realty Capital Trust, Inc., a Maryland corporation with an address of 405 Park Avenue, New York, NY 10022 (“Licensee”) on the other hand. Each of Licensor and Licensee are a "Party" and collectively are the "Parties").
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • March 1st, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of this 28th day of February, 2012 by and among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), and RBS CITIZENS, N.A., a national banking association, as Administrative Agent for the benefit of the Lenders (in such capacity, the “Administrative Agent”), as L/C Issuer and as Swing Line Lender.
TENTH AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • March 18th, 2010 • American Realty Capital Trust, Inc. • Real estate
This Tenth Amendment (this “Tenth Amendment”) to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, as further amended by the Second Amendment to the Management Agreement, dated May 30, 2008, as further amended by the Third Amendment to the Management Agreement, dated as of September 16, 2008, as further amended by the Fourth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Fifth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Sixth Amendment to the Management Agreement, dated as of July, 8, 2009, as further amended by the Seventh Amendment to the Management Agreement, dated as of July 17, 2009, as further amended by the Eighth Amendment to the Management Agreement, dated as of September 18, 2009, and as further amended by the Ninth Amendment of the Management Agreement, dated as of November 19, 2009 (collectiv
FIRST AMENDMENT TO AGREEMENT OF ASSIGNMENT OF PARTNERSHIP INTERESTSAmerican Realty Capital Trust, Inc. • May 14th, 2008 • Real estate
THIS FIRST AMENDMENT TO AGREEMENT OF ASSIGNMENT OF PARTNERSHIP INTERESTS (the “Amendment”) is made this ___ day of __________, 2008, by and between AMERICAN REALTY CAPITAL, LLC (“ARC”), WILLIAM M. KAHANE, an individual (“Kahane”), NICHOLAS S. SCHORSCH, an individual (“Schorsch”), LOU DAVIS, an individual (“Davis”) and PETER and MARIA WIRTH, husband and wife (the “Wirths”), hereinafter sometimes collectively called "Assignors”, and AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“ARCOPLP”) and ARCOP, LLC, a Delaware limited liability company (“ARCOPLLC”, collectively with ARCOPLP, “Assignee”).
NINTH AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • March 18th, 2010 • American Realty Capital Trust, Inc. • Real estate
This ninth amendment (this “Amendment”) to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, as further amended by the Second Amendment to the Management Agreement, dated May 30, 2008, as further amended by the Third Amendment to the Management Agreement, dated as of September 16, 2008, as further amended by the Fourth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Fifth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Sixth Amendment to the Management Agreement, dated as of July, 8, 2009, as further amended by the Seventh Amendment to the Management Agreement, dated as of July, 17, 2009, and as further amended by the Eighth Amendment to the Management Agreement, dated as of September 18, 2009 (collectively, the “Agreement”) is made and entered into as of the 19th day of November, 2009, by and among AMERICAN
LEASE AGREEMENT By and Between ARC ROCK17MA LLC, as LANDLORD and ROCKLAND TRUST COMPANY, as TENANT DATED May 1, 2008Lease Agreement • March 31st, 2011 • American Realty Capital Trust, Inc. • Real estate
AGREEMENT OF LEASE made as of the 1st day of May, 2008, by and between ARC ROCK17MA LLC, a Delaware limited liability company (hereinafter referred to as "Landlord") having an address at 106 Old York Road, Jenkintown, Pennsylvania 19046, and ROCKLAND TRUST COMPANY, a Massachusetts trust company (hereinafter referred to as "Tenant") having an address at 288 Union Street, Rockland, MA 02370.
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of this 2nd day of July, 2012 by and among American Realty Capital Operating Partnership, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), and RBS CITIZENS, N.A., a national banking association, as Administrative Agent for the benefit of the Lenders (in such capacity, the “Administrative Agent”), as L/C Issuer and as Swing Line Lender.
FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P.American Realty Capital Trust, Inc. • June 3rd, 2008 • Real estate
This FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into as of June 2, 2008, by American Realty Capital Trust, Inc., a Maryland corporation, the general partner of the Partnership (the “General Partner”).
AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT (this “Guaranty”) is executed as of July 2, 2012, by EACH OF THE SUBSIDIARIES OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), LISTED ON SCHEDULE 1 ATTACHED HERETO or who become a party hereto pursuant to Section 21 below (each a “Guarantor” and collectively, “Guarantors”), for the benefit of the Credit Parties (defined below).
EIGHTH AMENDMENT TO THE MANAGEMENT AGREEMENTManagement Agreement • March 18th, 2010 • American Realty Capital Trust, Inc. • Real estate
This eighth amendment (this “Amendment”) to that certain Management Agreement dated January 25, 2008 as amended by the Amendment to the Management Agreement, dated April 30, 2008, as further amended by the Second Amendment to the Management Agreement, dated May 30, 2008, as further amended by the Third Amendment to the Management Agreement, dated as of September 16, 2008, as further amended by the Fourth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Fifth Amendment to the Management Agreement, dated as of October 23, 2006, as further amended by the Sixth Amendment to the Management Agreement, dated as of July, 8, 2009, and as further amended by the Seventh Amendment to the Management Agreement, dated as of July, 17, 2009 (collectively, the “Agreement”) is made and entered into as of the 18th day of September, 2009, by and among AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING
SUBSIDIARY GUARANTY AGREEMENTSubsidiary Guaranty Agreement • April 18th, 2012 • American Realty Capital Trust, Inc. • Real estate • New York
THIS SUBSIDIARY GUARANTY AGREEMENT (this “Guaranty”) is executed as of April 16, 2012, by EACH OF THE SUBSIDIARIES OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), LISTED ON SCHEDULE 1 ATTACHED HERETO or who become a party hereto pursuant to Section 21 below (each a “Guarantor” and collectively, “Guarantors”), for the benefit of the Credit Parties (defined below).
