CREDIT AGREEMENT Dated as of August 15, 2012 among INDUSTRIAL INCOME 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, KEYBANK NATIONAL...Credit Agreement • October 12th, 2012 • Industrial Income Trust Inc. • Real estate • New York
This CREDIT AGREEMENT is entered into as of August 15, 2012, among INDUSTRIAL INCOME 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.
TERM LOAN AGREEMENT Dated as of September 18, 2013 among INDUSTRIAL INCOME OPERATING PARTNERSHIP LP, a Delaware limited partnership, as the Borrower and BANK OF AMERICA, N.A., as Administrative Agent REGIONS BANK As Syndication Agent JPMORGAN CHASE...Term Loan Agreement • November 13th, 2013 • Industrial Income Trust Inc. • Real estate • New York
This TERM LOAN AGREEMENT is entered into as of September 18, 2013, among INDUSTRIAL INCOME 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.
AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT OF INDUSTRIAL INCOME OPERATING PARTNERSHIP LP A DELAWARE LIMITED PARTNERSHIP February 9, 2010Limited Partnership Agreement • February 12th, 2010 • Industrial Income Trust Inc. • Real estate • Delaware
This Amended and Restated Limited Partnership Agreement (this “Agreement”) is entered into this 9th day of February, 2010, between Industrial Income Trust Inc., a Maryland corporation (the “General Partner”) and the Limited Partners set forth on Exhibit A attached hereto. Capitalized terms used herein but not otherwise defined shall have the meanings given them in Article 1.
EIGHTH AMENDED AND RESTATED ADVISORY AGREEMENT among INDUSTRIAL INCOME TRUST INC., INDUSTRIAL INCOME OPERATING PARTNERSHIP LP and IIT ADVISOR LLCAdvisory Agreement • July 29th, 2015 • Industrial Income Trust Inc. • Real estate • Colorado
THIS EIGHTH AMENDED AND RESTATED ADVISORY AGREEMENT, dated as of July 27, 2015 is among Industrial Income Trust Inc., a Maryland corporation (the “Corporation”), Industrial Income Operating Partnership LP, a Delaware limited partnership (the “Operating Partnership”), and IIT Advisor LLC, a Delaware limited liability company, as successor in interest to Industrial Income Advisors LLC, a Delaware limited liability company.
INDUSTRIAL INCOME TRUST INC. Up to $2,400,000,000 in Shares of Common Stock DEALER MANAGER AGREEMENTDealer Manager Agreement • March 2nd, 2012 • Industrial Income Trust Inc. • Real estate • Colorado
This Dealer Manager Agreement (the “Agreement”) is made and entered into as of the 27th day of February, 2012 between Industrial Income Trust Inc., a Maryland corporation (the “Company”), Industrial Income Advisors LLC, a Delaware limited liability company, and Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”).
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • May 22nd, 2009 • Industrial Income Trust Inc. • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the day of , 2009 by and among Industrial Income Trust Inc., a Maryland corporation (the “Company”), and , a director and/or officer of the Company (the “Indemnitee”).
INDUSTRIAL INCOME TRUST INC. UP TO $2,400,000,000 SHARES OF COMMON STOCK SELECTED DEALER AGREEMENT April 18, 2012Selected Dealer Agreement • July 12th, 2012 • Industrial Income Trust Inc. • Real estate
Each of Industrial Income Trust Inc., a Maryland corporation (the “Company”), Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”), Industrial Income Advisors LLC, a Delaware limited liability company (the “Advisor”), and Industrial Income Advisors Group LLC, a Delaware limited liability company (the “Sponsor”) hereby confirms its agreement with Ameriprise Financial Services, Inc., a Delaware corporation (“Ameriprise Financial”), as follows:
MANAGEMENT AGREEMENTManagement Agreement • December 17th, 2009 • Industrial Income Trust Inc. • Real estate • Colorado
THIS MANAGEMENT AGREEMENT (“Agreement”) is made and entered into as of the 16th day of December, 2009, by and between INDUSTRIAL INCOME OPERATING PARTNERSHIP LP, a Delaware limited partnership (“Owner”), and DIVIDEND CAPITAL PROPERTY MANAGEMENT LLC., a Colorado limited liability company (“Manager”).
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • November 2nd, 2009 • Industrial Income Trust Inc. • Real estate • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the ______ day of ____________, 2009 by and between Industrial Income Trust Inc., a Maryland corporation (the “Company”), and __________________, a director and/or officer of the Company (the “Indemnitee”).
SECOND MORTGAGE AND SECURITY AGREEMENTMortgage and Security Agreement • July 1st, 2011 • Industrial Income Trust Inc. • Real estate
THIS SECOND MORTGAGE AND SECURITY AGREEMENT is made as of the 24th day of June, 2011 by IIT WOODRIDGE-PARK 355 DC LLC, a Delaware limited liability company, having an office at 518 17th Street, Suite 1700, Denver, CO 80202 (“Mortgagor”) in favor of GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado corporation, with an office at 8515 East Orchard Road, 3T2, Greenwood Village, CO 80111, Attention: Mortgage Investments (“Mortgagee”).
LOAN AGREEMENT by and between IIT TAMPA – 4410 EAGLE FALLS PLACE LLC, a Delaware limited liability company, and ING USA ANNUITY AND LIFE INSURANCE COMPANY, an Iowa corporation Dated as of January 27, 2011Loan Agreement • March 1st, 2011 • Industrial Income Trust Inc. • Real estate • Florida
THIS AGREEMENT is made and entered into as of , 2011 by and between IIT TAMPA – 4410 EAGLE FALLS PLACE LLC, a Delaware limited liability company (“Borrower”), and ING USA ANNUITY AND LIFE INSURANCE COMPANY, an Iowa corporation (“Lender”).
MORTGAGE NOTEIndustrial Income Trust Inc. • July 1st, 2011 • Real estate
FOR VALUE RECEIVED, IIT ATLANTA LIBERTY DC LLC, a Delaware limited liability company (“Borrower”) hereby promises to pay to the order of GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado corporation (“Lender”), at its office at 8515 East Orchard Road, 3T2, Greenwood Village, CO 80111, Attention: Mortgage Investments, or at such other address as may hereafter be specified by Lender, in lawful money of the United States of America, the principal sum of Twenty One Million Six Hundred Twenty Nine Thousand and no/100 Dollars ($21,629,000.00) (the “Loan”), together with interest on the outstanding principal balance of the Loan at the rate of four and seven-tenths percent (4.70%) per annum until the date repaid, in the installments and times hereinafter set forth.
INDUSTRIAL INCOME TRUST INC. RESTRICTED STOCK AGREEMENT FOR [Insert name of Recipient]Restricted Stock Agreement • May 13th, 2015 • Industrial Income Trust Inc. • Real estate • Maryland
SPACE ABOVE THIS LINE FOR RECORDER’S USE)Mortgage, Security Agreement and Fixture Filing • January 3rd, 2012 • Industrial Income Trust Inc. • Real estate
THIS MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILING (as the same may from time to time be amended, consolidated, renewed or replaced, this “Mortgage”) is made as of March 9, 2007 by DIEHL ROAD AURORA, LLC, an Illinois limited liability company, JES DIEHL ROAD AURORA, LLC, a Delaware limited liability company, RES DIEHL ROAD AURORA, LLC, a Delaware limited liability company and MSP DIEHL ROAD AURORA, LLC, a Delaware limited liability company, as mortgagor (singularly and collectively, “Borrower”), each having an address at 233 S. Wacker Drive, #350, Chicago, Illinois 60606, to WACHOVIA BANK, NATIONAL ASSOCIATION, a national banking association, as mortgagee (together with its successors and assigns, “Lender”), whose address is Commercial Real Estate Services, 8739 Research Drive URP-4, NC 1075, Charlotte, North Carolina 28262.
LOGO] INDUSTRIAL INCOME TRUST INC. Up to $2,000,000,000 in Shares of Common Stock FORM OF SELECTED DEALER AGREEMENTIndustrial Income Trust Inc. • December 17th, 2009 • Real estate • Colorado
Dividend Capital Securities LLC, as the dealer manager (the “Dealer Manager”) for Industrial Income Trust Inc. (the “Company”), a Maryland corporation that intends to qualify to 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:
PROMISSORY NOTEIndemnity Agreement • January 3rd, 2012 • Industrial Income Trust Inc. • Real estate
FOR VALUE RECEIVED, the undersigned, DIEHL ROAD AURORA, LLC, an Illinois limited liability company, JES DIEHL ROAD AURORA, LLC, a Delaware limited liability company, RES DIEHL ROAD AURORA, LLC, a Delaware limited liability company and MSP DIEHL ROAD AURORA, LLC, a Delaware limited liability company (singularly and collectively, “Borrower”), each having an address at 233 S. Wacker Drive, #350, Chicago, Illinois 60606, jointly and severally promise 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 Four Million Four Hundred Eighty Thousand and No/100 Dollars ($4,480,000.00), together with interest on so much thereof as is from time to time outstanding and unpai
BORROWING BASE REVOLVING LINE OF CREDIT AGREEMENT DATED AS OF DECEMBER 23, 2010 BY AND AMONG INDUSTRIAL INCOME OPERATING PARTNERSHIP LP, IIT REAL ESTATE HOLDCO LLC, AND EACH OF THE PROJECT BORROWERS REFERENCED HEREIN, JOINTLY AND SEVERALLY AS...Borrowing Base Revolving Line of Credit Agreement • February 25th, 2011 • Industrial Income Trust Inc. • Real estate • Colorado
This BORROWING BASE REVOLVING LINE OF CREDIT AGREEMENT (this “Agreement”) dated as of December 23, 2010 is made and entered into by and among INDUSTRIAL INCOME OPERATING PARTNERSHIP LP, a Delaware limited partnership, IIT REAL ESTATE HOLDCO LLC, a Delaware limited liability company, each of the Project Borrowers (as hereinafter defined) party hereto from time to time, JPMORGAN CHASE BANK, N.A., a national banking association, in its capacity as Administrative Agent (as hereinafter defined), and the Lenders (as hereinafter defined).
INDUSTRIAL INCOME TRUST INC. UP TO $2,000,000,000 IN SHARES OF COMMON STOCK SELECTED DEALER AGREEMENT September 29, 2010Dealer Agreement • December 1st, 2010 • Industrial Income Trust Inc. • Real estate
Each of Industrial Income Trust Inc., a Maryland corporation (the “Company”), Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”), Industrial Income Advisors LLC, a Delaware limited liability company (the “Advisor”), and Industrial Income Advisors Group LLC, a Delaware limited liability company (the “Sponsor”) hereby confirms its agreement with Securities America, Inc., a Delaware corporation (“Securities America”), as follows:
MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING (SECOND PRIORITY)Mortgage, Security Agreement • March 1st, 2011 • Industrial Income Trust Inc. • Real estate • Florida
THIS MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING (SECOND PRIORITY) (“Mortgage”) is made as of January 27, 2011, by IIT TAMPA – 4410 EAGLE FALLS PLACE LLC, a Delaware limited liability company (“Mortgagor”), with the mailing address of c/o Industrial Income Trust Inc., 518 17th Street, Suite 1700, Denver, Colorado 80202, for the benefit of ING USA ANNUITY AND LIFE INSURANCE COMPANY, an Iowa corporation (“Mortgagee”) with the mailing address of c/o ING Investment Management LLC, 5780 Powers Ferry Road, NW, Suite 300, Atlanta, Georgia 30327-4349.
LOAN AGREEMENT Dated as of August , 2010 Between IIT PINOLE BUSINESS PARK I LP, a Delaware limited partnership and IIT 48350 FREMONT BLVD LP, a Delaware limited partnership, collectively as Borrower and PRINCIPAL LIFE INSURANCE COMPANY, an Iowa...Loan Agreement • September 1st, 2010 • Industrial Income Trust Inc. • Real estate
THIS LOAN AGREEMENT (“Agreement”), made as of August , 2010, is by and between PRINCIPAL LIFE INSURANCE COMPANY, an Iowa corporation (together with its successors and/or assigns “Lender”), and IIT PINOLE BUSINESS PARK LP, a Delaware limited partnership and IIT 48350 FREMONT BLVD LP, a Delaware limited partnership (collectively “Borrower”).
LOAN AGREEMENT by and between IIT INLAND EMPIRE – 3700 INDIAN AVENUE LP, as Borrower and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Lender Dated as of: December 29, 2010 Property Location: Hanes Distribution Facility, Perris, CaliforniaLoan Agreement • February 25th, 2011 • Industrial Income Trust Inc. • Real estate • New York
THIS LOAN AGREEMENT (this “Agreement”) is made and entered into December 29, 2010, by and between IIT INDIAN EMPIRE – 3700 INDIAN AVENUE LP, a Delaware limited partnership ( “Borrower”), and WELLS FARGO BANK, NATIONAL ASSOCIATION, together with its successors and assigns ( “Lender”).
INDUSTRIAL INCOME TRUST INC. [RESTRICTED STOCK] {STOCK GRANT} AGREEMENT* FOR Insert name of RecipientIndustrial Income Trust Inc. • May 13th, 2015 • Real estate • Maryland
FORM OF SUBSCRIPTION ESCROW AGREEMENT between INDUSTRIAL INCOME TRUST INC., DIVIDEND CAPITAL SECURITIES LLC and THE BANK OF NEW YORK MELLON Dated as of , 20 ACCOUNT NUMBER(S) SHORT TITLE OF ACCOUNTEscrow Agreement • May 22nd, 2009 • Industrial Income Trust Inc. • New York
Escrow Agreement (the “Agreement”), dated as of , 20 among The Bank of New York Mellon, a New York banking corporation with its principal corporate trust office at 101 Barclay Street, 8 th Floor West, New York, New York 10286 (the “Escrow Agent”), and Industrial Income Trust Inc., a Maryland corporation, with its principal office at 518 Seventeenth Street, 17th Floor, Denver, CO 80202 (the “Company”) and Dividend Capital Securities LLC, as sales agent (the “Sales Agent”), for itself and for and on behalf of its selected dealers (the “Selected Dealers”) the identity of which will be disclosed to the Escrow Agent as the same are selected by the Sales Agent.
AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONSAgreement of Purchase and Sale • July 1st, 2011 • Industrial Income Trust Inc. • Real estate • Texas
This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (“Agreement”) is made and entered into as of this 1st day of July, 2011 by and between, Ridge Southridge, L.P., a Texas limited partnership (“Seller”) and IIT Acquisitions LLC, a Delaware limited liability company (“Buyer”), with respect to the following:
PURCHASE AND SALE AGREEMENT between JEROME L. RAPPAPORT, JR. AND JANET F. ASERKOFF, TRUSTEES OF HAGERSTOWN NOMINEE TRUST as Seller and IIT ACQUISITIONS LLC as Buyer for 16500 Hunters Green Parkway Hagerstown, MarylandPurchase and Sale Agreement • December 1st, 2010 • Industrial Income Trust Inc. • Real estate • Maryland
LIMITED PARTNERSHIP INTEREST PURCHASE AGREEMENT By and among 3NET INDY INVESTMENTS INC., IIT NORTH AMERICAN INDUSTRIAL FUND I LIMITED PARTNER LLC, solely for purposes of Sections 2.01(c)(iii) and 6.02, PUBLIC SECTOR PENSION INVESTMENT BOARD, and...Limited Partnership Interest Purchase Agreement • November 13th, 2013 • Industrial Income Trust Inc. • Real estate • New York
This LIMITED PARTNERSHIP INTEREST PURCHASE AGREEMENT (this “Agreement”), dated as of September 17, 2013, is made by and among 3NET Indy Investments Inc., a Canadian corporation (the “Seller”), IIT North American Industrial Fund I Limited Partner LLC, a Delaware limited liability company (the “Purchaser”), solely for purposes of Sections 2.01(c)(iii) and 6.02, Public Sector Pension Investment Board, a Canadian crown corporation (“PSP”), and solely for purposes of Sections 2.01(c)(iii), 5.02, and 6.03, IIT North American Industrial Fund I Limited Partnership, a Delaware limited partnership (the “Partnership”).
Space Above This Line Reserved For Recorder’s Use] DEED TO SECURE DEBT AND SECURITY AGREEMENTSecurity Agreement • December 1st, 2010 • Industrial Income Trust Inc. • Real estate • Georgia
THIS DEED TO SECURE DEBT AND SECURITY AGREEMENT (“Deed”) is made as of November 1, 2010, by IIT ATLANTA - SUWANEE POINTE LLC, a Delaware limited liability company (“Grantor”), with the mailing address of c/o Industrial Income Trust Inc., 518 17th Street, Suite 1700, Denver, Colorado 80202 for the benefit of ING USA ANNUITY AND LIFE INSURANCE COMPANY, an Iowa corporation (“Grantee”) with the mailing address of c/o ING Investment Management LLC, 5780 Powers Ferry Road, NW, Suite 300, Atlanta, Georgia 30327-4349.
INDUSTRIAL INCOME TRUST INC. Fourth Amended and Restated Share Redemption Program As adopted by the Board of Directors on January 22, 2015 to take effect on March 1, 2015Industrial Income Trust Inc. • January 23rd, 2015 • Real estate
Company – Shall mean Industrial Income Trust Inc. The Company may be referred to as “we” or “our” within the context of this document.
INDUSTRIAL INCOME TRUST INC. Second Amended and Restated Share Redemption Program As Adopted by Board of Directors, May 18, 2011Industrial Income Trust Inc. • July 1st, 2011 • Real estate
Company – Shall mean Industrial Income Trust Inc. The Company may be referred to as “we” or “our” within the context of this document.
INDUSTRIAL INCOME TRUST INC. Third Amended and Restated Share Redemption Program As adopted by the Board of Directors on February 21, 2012 to take effect on June 1, 2012Industrial Income Trust Inc. • February 27th, 2012 • Real estate
Company – Shall mean Industrial Income Trust Inc. The Company may be referred to as “we” or “our” within the context of this document.
SECOND LEASEHOLD DEED TO SECURE DEBT AND SECURITY AGREEMENTDebt and Security Agreement • July 1st, 2011 • Industrial Income Trust Inc. • Real estate
THIS SECOND LEASEHOLD DEED TO SECURE DEBT AND SECURITY AGREEMENT (“Security Instrument”) is made as of the 17th day of June, 2011 by IIT ATLANTA LIBERTY DC, LLC a Delaware limited liability company, having an office at 518 17th Street, Suite 1700, Denver, CO 80202 (“Grantor”) in favor of GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado corporation, with an office at 8515 East Orchard Road, 3T2, Greenwood Village, CO 80111, Attention: Security Instrument Investments (“Grantee”).
AGREEMENT FOR PURCHASE AND SALE OF PROPERTYAgreement for Purchase • January 14th, 2013 • Industrial Income Trust Inc. • Real estate • Illinois
THIS AGREEMENT FOR PURCHASE AND SALE OF PROPERTY (the “Agreement”) is made and entered into as of this 16th day of November, 2012, by and between INDUSTRIAL PROPERTY FUND VI, LLC., a Delaware limited liability company (“Seller”), and IIT ACQUISITIONS LLC, a Delaware limited liability company (“Buyer”).
FORM OF ESCROW AGREEMENTForm of Escrow Agreement • December 15th, 2009 • Industrial Income Trust Inc. • Real estate • Colorado
THIS ESCROW AGREEMENT (this “Agreement”) made and entered into as of this day of , 2009 by and among Dividend Capital Securities LLC, a Colorado limited liability company (the “Dealer Manager”), Industrial Income Trust Inc., a Maryland corporation (the “Company”), and UMB Bank, N.A., as escrow agent, a national banking association organized and existing under the laws of the United States of America (the “Escrow Agent”).
MORTGAGE AND SECURITY AGREEMENT ARGONNE BRIDGE, LLC, AND JES ARGONNE BRIDGE, LLC Jointly and severally, as tenants in common MORTGAGOR AND PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, MORTGAGEE DATED: AS OF MAY 31, 2007Mortgage and Security Agreement • October 3rd, 2011 • Industrial Income Trust Inc. • Real estate
Rent Reserve”), by depositing such amount with Mortgagee and with respect thereto, hereby grants Mortgagee a security interest therein. The Prepaid Rent Reserve relates to rent prepaid by Midwest Office Interiors, Inc. through November 30, 2007. So long as no default hereunder or under the other Loan Documents has occurred and is continuing, Mortgagee shall, to the extent funds are available for such purpose in the Prepaid Reserve, credit on behalf of Mortgagor the sum of $11,830.63 to be applied to the Monthly Payment Amount (as defined on the Note) commencing on July 5, 2007 and continuing on the 5th day of each month thereafter until the funds in the Prepaid Rent Reserve have been fully disbursed.
REPAYMENT GUARANTY AGREEMENT (Secured Loan)Repayment Guaranty Agreement • November 4th, 2015 • DC Industrial Liquidating Trust • Real estate • New York
This REPAYMENT GUARANTY AGREEMENT (“Guaranty”) is dated November 4, 2015, by DC LIQUIDATING ASSETS HOLDCO LLC, a Delaware limited liability company (“Guarantor”) in favor of WELLS FARGO BANK, NATIONAL ASSOCIATION (collectively with its successors or assigns, “Lender”).
