At-the-Market Issuance Sales AgreementSales Agreement • August 4th, 2017 • Independence Realty Trust, Inc. • Real estate investment trusts • New York
Independence Realty Trust, Inc., a Maryland corporation (the “Company”) and Independence Realty Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”) each confirms its agreement (this “Agreement”) with Citigroup Global Markets Inc. (“Citigroup”), Robert W. Baird & Co. Incorporated (“Baird”), Capital One Securities, Inc. (“Capital One”), KeyBanc Capital Markets Inc. (“KeyBanc”), Merrill Lynch, Pierce, Fenner & Smith Incorporated (“Merrill Lynch”) and Stifel, Nicolaus & Company, Incorporated (“Stifel”), each of Citigroup, Baird, Capital One, KeyBanc, Merrill Lynch and Stifel individually an “Agent” and collectively, the “Agents”), as follows:
LOAN AGREEMENTLoan Agreement • February 12th, 2014 • Independence Realty Trust, Inc • Real estate investment trusts
THIS LOAN AGREEMENT, dated as of February 7, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between BANK OF AMERICA, N.A., a national banking association, having an address at 214 North Tryon Street, NC1-027-15-01, Charlotte, North Carolina 28255 (together with its successors and/or assigns, “Lender”) and IRT EAGLE RIDGE APARTMENTS OWNER, LLC, a Delaware limited liability company, having an address at Cira Centre, 2929 Arch Street, 17th Floor, Philadelphia, Pennsylvania 19104 (together with its successors and/or assigns, “Borrower”).
MULTIFAMILY LOAN AND SECURITY AGREEMENT (Revised 7-2-2014)Multifamily Loan and Security Agreement • March 16th, 2015 • Independence Realty Trust, Inc • Real estate investment trusts
THIS MULTIFAMILY LOAN AND SECURITY AGREEMENT (“Loan Agreement”) is dated as of December 8, 2014 and is made by and between Jamestown CRA-B1, LLC, a Delaware limited liability company (“Borrower”), and NorthMarq Capital, LLC, a Minnesota limited liability company (together with its successors and assigns, “Lender”).
FORM OF ADVISORY AGREEMENT BY AND AMONG EMPIRE AMERICAN REALTY TRUST, INC., EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP, AND EMPIRE AMERICAN ADVISORS, LLCAdvisory Agreement • May 12th, 2010 • Empire American Realty Trust Inc • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”), dated as of ____________ , 2010 (the “Effective Date”), is entered into by and among Empire American Realty Trust, Inc., a Maryland corporation (the “Company”), Empire American Realty Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), and Empire American Advisors, LLC, a Delaware limited liability company.
EMPIRE AMERICAN REALTY TRUST, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • August 14th, 2009 • Empire American Realty Trust Inc • Real estate investment trusts
Empire American Realty, LLC (the “Dealer Manager”) entered into a dealer manager agreement, dated as of ____________, 2009 (the “Dealer Manager Agreement”), with Empire American Realty Trust, Inc., a Maryland corporation (the “Company”), under which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) for its common shares of beneficial interest, $.01 par value per share, of which amount: (i) up to 100,000,000 shares for a purchase price of $10.00 per share (subject in certain circumstances to discounts based upon the volume of shares purchased and for certain categories of purchasers) (the “Primary Shares”), and (ii) up to 10,000,000 shares for a purchase price of $9.50 per share (the “DRP Shares” and, together with the Primary Shares, the “Shares”) commencing on the initial Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Share
INDEPENDENCE REALTY TRUST, INC UP TO 110,000,000 SHARES OF COMMON STOCK DEALER MANAGER AGREEMENT April 7, 2011Escrow Agreement • April 8th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
Independence Realty Trust, Inc. (the “Company”) is a Maryland corporation that intends to qualify and elect to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2011. The Company proposes to offer (a) up to 100,000,000 shares of common stock, $.01 par value per share (the “Shares”), for a purchase price of $10.00 per Share (subject in certain circumstances to discounts based upon the volume of shares purchased and for certain categories of purchasers), in the primary offering (the “Primary Offering”), and (b) up to 10,000,000 Shares for an initial purchase price of $9.50 per Share for issuance through the Company’s distribution reinvestment program (the “DRP” and together with the Primary Offering, the “Offering”), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined in Section 1(a)). The Company has reserved the right to reallocate the Shares offered in the
FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF INDEPENDENCE REALTY OPERATING PARTNERSHIP, LPExchange Rights Agreement • April 8th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Delaware
THIS FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP (this “Agreement”), dated as of April 7, 2011 (the “Effective Date”), is entered into by and among INDEPENDENCE REALTY TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), RAIT NTR HOLDINGS, LLC, a Delaware limited liability company, as the initial limited partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
LOAN AGREEMENT Dated as of April 29, 2011 Between IRT COPPER MILL APARTMENTS TEXAS, LLC, as Borrower and RAIT PARTNERSHIP, L.P., as LenderLoan Agreement • May 10th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Pennsylvania
THIS LOAN AGREEMENT, dated as of April 29, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between RAIT PARTNERSHIP, L.P., a Delaware limited partnership, as lender, having an address at c/o RAIT Financial Trust, Cira Centre, 2929 Arch Street, 17th Floor, Philadelphia, PA 19104-2870 (together with its successors and/or assigns, “Lender”) and IRT COPPER MILL APARTMENTS TEXAS, LLC, a Delaware limited liability company, having its principal place of business at c/o RAIT Financial Trust, Cira Centre, 2929 Arch Street, 17th Floor, Philadelphia, PA 19104-2870 (together with its successors and/or assigns, “Borrower”).
MULTIFAMILY NOTE FIXED RATE DEFEASANCE (Revised 9-25-2014)Independence Realty Trust, Inc • March 16th, 2015 • Real estate investment trusts
FOR VALUE RECEIVED, Jamestown CRA-B1, LLC, a Delaware limited liability company (together with such party’s or parties’ successors and assigns, “Borrower”) jointly and severally (if more than one), promises to pay to the order of NorthMarq Capital, LLC, a Minnesota limited liability company, the principal sum of $22,880,000.00, with interest on the unpaid principal balance, as hereinafter provided.
INDEMNIFICATION AGREEMENTIndemnification Agreement • June 18th, 2013 • Independence Realty Trust, Inc • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of the 17th day of March, 2011, by and between Independence Realty Trust, Inc. (the “Company”), and Scott F. Schaeffer (the “Indemnitee”).
FORM OF INDEMNIFICATION AGREEMENTIndemnification Agreement • August 1st, 2019 • Independence Realty Trust, Inc. • Real estate investment trusts • Maryland
THIS AGREEMENT, dated as of _________________, 2017, is by and between Independence Realty Trust, Inc., a Maryland corporation (the “Company”), and [●] (the “Indemnitee”).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • April 8th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of the day of , 20 , by and between Independence Realty Trust, Inc. (the “Company”), and (the “Indemnitee”).
MANAGEMENT AGREEMENTManagement Agreement • March 25th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
This management agreement (this “Management Agreement”) is made and entered into as of January 27, 2010, by and among EMPIRE AMERICAN REALTY TRUST, INC., a Maryland corporation (the “Company”), EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (the “OP”), and EMPIRE AMERICAN MANAGEMENT, LLC, a Delaware limited liability company (the “Manager”).
MULTIFAMILY LOAN AND SECURITY AGREEMENT (NON-RECOURSE) BY AND BETWEEN KING’S LANDING LLC, a Delaware limited liability company, doing business in Missouri as Kings Landing, LLCMultifamily Loan and Security Agreement • April 3rd, 2014 • Independence Realty Trust, Inc • Real estate investment trusts
This MULTIFAMILY LOAN AND SECURITY AGREEMENT (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Loan Agreement”) is made as of the Effective Date (as hereinafter defined) by and between KING’S LANDING LLC, a Delaware limited liability company, doing business in Missouri as Kings Landing, LLC (“Borrower”), and CWCapital LLC, a Massachusetts limited liability company (“Lender”).
EXCHANGE RIGHTS AGREEMENTExchange Rights Agreement • February 23rd, 2018 • Independence Realty Trust, Inc. • Real estate investment trusts • Delaware
THIS EXCHANGE RIGHTS AGREEMENT (this “Agreement”), dated as of June 30, 2017, is entered into by and among Independence Realty Trust, Inc., a Maryland corporation (the “Company”), Independence Realty Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), and the Persons whose names are set forth on Exhibit A attached hereto (as it may be amended from time to time).
PROSPECT PARK INTEREST PURCHASE AND SALE AGREEMENT by and between CRA-B1 FUND, LLC, as Seller and INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, as Purchaser Dated as of October 20, 2014Interest Purchase and Sale Agreement • November 7th, 2014 • Independence Realty Trust, Inc • Real estate investment trusts • Kentucky
This Interest Purchase and Sale Agreement (this “Agreement”) is made and effective as of October 20, 2014 (the “Effective Date”) by and between CRA-B1 FUND, LLC, a Delaware limited liability company (“Seller”), and INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Purchaser”).
EMPLOYMENT AGREEMENTEmployment Agreement • May 7th, 2020 • Independence Realty Trust, Inc. • Real estate investment trusts • Pennsylvania
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is entered into on March 1, 2020 (the “Effective Date”), by and between Independence Realty Trust, Inc., a Maryland corporation (the “Company”), and Jason R. Delozier (“Executive”).
LOAN AGREEMENT Dated as of April 29, 2011 Between IRT CRESTMONT APARTMENTS GEORGIA, LLC, as Borrower and RAIT PARTNERSHIP, L.P., as LenderLoan Agreement • May 10th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Pennsylvania
THIS LOAN AGREEMENT, dated as of April 29, 2011 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between RAIT PARTNERSHIP, L.P., a Delaware limited partnership, as lender, having an address at c/o RAIT Financial Trust, Cira Centre, 2929 Arch Street, 17th Floor, Philadelphia, PA 19104-2870 (together with its successors and/or assigns, “Lender”) and IRT CRESTMONT APARTMENTS GEORGIA, LLC, a Delaware limited liability company, having its principal place of business at c/o RAIT Financial Trust, Cira Centre, 2929 Arch Street, 17th Floor, Philadelphia, PA 19104-2870 (together with its successors and/or assigns, “Borrower”).
GUARANTY MULTISTATE (Revised 10-24-2014)Independence Realty Trust, Inc • March 16th, 2015 • Real estate investment trusts
THIS GUARANTY (“Guaranty”) is entered into to be effective as of December 8, 2014, by Independence Realty Operating Partnership, LP, a Delaware limited partnership (“Guarantor”, collectively if more than one), for the benefit of NorthMarq Capital, LLC, a Minnesota limited liability company (“Lender”).
GUARANTY OF NON-RECOURSE CARVEOUTSGuaranty of Non-Recourse Carveouts • May 10th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts
THIS GUARANTY OF NON-RECOURSE CARVEOUTS (this “Guaranty”), is made this 29th day of April, 2011 by INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Guarantor”) for the benefit of RAIT PARTNERSHIP, L.P., a Delaware limited partnership (together with its successors and assigns, “Lender”).
CONFIRMATIONIndependence Realty Trust, Inc. • July 30th, 2021 • Real estate investment trusts
The purpose of this letter agreement is to confirm the terms and conditions of the Transaction entered into between Bank of Montreal (“Dealer”) and Independence Realty Trust, Inc. (“Counterparty”) on the Trade Date specified below (the “Transaction”). Dealer is acting as principal in this Transaction, and its affiliate BMO Capital Markets Corp. (“Agent”) is acting as agent for this Transaction solely in connection with Rule 15a-6 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). This letter agreement constitutes a “Confirmation” as referred to in the Agreement specified below.
ESCROW AGREEMENTEscrow Agreement • April 8th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • New York
THIS ESCROW AGREEMENT (this “Agreement”) is made and entered into as of this 7th day of April, 2011 by and among Independence Realty Securities, LLC, a Delaware limited liability company (the “Dealer Manager”), Independence Realty 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”).
FIRST AMENDMENT TO THE TERM LOAN AGREEMENT AND OTHER LOAN DOCUMENTSTerm Loan Agreement • February 18th, 2020 • Independence Realty Trust, Inc. • Real estate investment trusts • New York
(1)Parent Borrower, the Subsidiary Borrowers, Agent, the Lenders and the other financial institutions party thereto entered into that certain Term Loan Agreement dated as of October 30, 2018 (the “2018 Term Loan Agreement”) and, in connection with the 2018 Term Loan Agreement, Parent Guarantor delivered the Guaranty of even date therewith (the “Guaranty”). Capitalized terms not otherwise defined in this Amendment have the same meanings as specified in the 2018 Term Loan Agreement, as amended hereby;
UNDERWRITING AGREEMENTUnderwriting Agreement • July 30th, 2021 • Independence Realty Trust, Inc. • Real estate investment trusts • New York
Independence Realty Trust, Inc., a Maryland corporation (the “Company”), Independence Realty Operating Partnership, LP, a Delaware limited partnership (the “Operating Partnership”), BMO Capital Markets Corp. in its capacity as agent for Bank of Montreal (in such agency capacity, the “Forward Seller”), at the request of the Company in connection with the Forward Sale Agreement (as defined below), confirm their agreement with each of the Underwriters named in Schedule I hereto (collectively, the “Underwriters,” which term shall also include any underwriter hereinafter substituted as provided in Section 11 hereof), for whom Barclays Capital Inc. and BMO Capital Markets Corp. are acting as representatives (in such capacity, if and as applicable, the “Representatives”) with respect to (i) the sale by the Forward Seller and the purchase by the Underwriters, acting severally and not jointly, of an aggregate of 14,000,000 shares (the “Borrowed Firm Shares”) of the Company’s common stock, par v
VOTING AGREEMENTVoting Agreement • May 12th, 2015 • Independence Realty Trust, Inc • Real estate investment trusts • Maryland
This Voting Agreement (this “Agreement”) is made and entered into as of May 11, 2015, by and between Independence Realty Trust, Inc., a Maryland corporation ( “Parent”) and the undersigned stockholder (the “Stockholder”) of Trade Street Residential, Inc., a Maryland corporation (the “Company”).
THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF INDEPENDENCE REALTY OPERATING PARTNERSHIP, LPExchange Rights Agreement • March 16th, 2012 • Independence Realty Trust, Inc • Real estate investment trusts • Delaware
THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP (this “Agreement”), dated as of January 4, 2012 (the “Effective Date”), is entered into by and among INDEPENDENCE REALTY TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), RAIT NTR HOLDINGS, LLC, a Delaware limited liability company, as the initial limited partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 18, 2021 by and among INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, AS PARENT BORROWER, THE SUBSIDIARY BORROWERS PARTY HERETO, CITIBANK, N.A. and KEYBANK NATIONAL ASSOCIATION, AS ISSUING...Credit Agreement • May 18th, 2021 • Independence Realty Trust, Inc. • Real estate investment trusts • New York
GUARANTY OF NON-RECOURSE OBLIGATIONSGuaranty of Non-Recourse Obligations • April 3rd, 2014 • Independence Realty Trust, Inc • Real estate investment trusts
This GUARANTY OF NON-RECOURSE OBLIGATIONS (this “Guaranty”), dated as of May 24, 2012, is executed by the undersigned (“Guarantor”), to and for the benefit of CWCAPITAL LLC, a Massachusetts limited liability company (“Lender”).
INDEPENDENCE REALTY TRUST, INC. LONG TERM INCENTIVE PLAN PERFORMANCE SHARE UNIT AWARD GRANT AGREEMENTGrant Agreement • February 18th, 2020 • Independence Realty Trust, Inc. • Real estate investment trusts • Maryland
You have been granted a 20__ Performance Share Unit Award (the “Award”) pursuant to the Independence Realty Trust Long Term Incentive Plan (“Plan”). This Performance Share Unit Award Grant Agreement (the “Grant Agreement”) sets forth the potential number of Performance Share Units (each, a “Unit”) that may vest and be redeemed under this Award and its terms and conditions. The Award is contingent upon your acknowledgement and acceptance of the terms and conditions as set forth in this Grant Agreement and Plan.
SHARED SERVICES AGREEMENT by and among INDEPENDENCE REALTY TRUST, INC. and RAIT FINANCIAL TRUST Dated as of December 20, 2016Shared Services Agreement • December 22nd, 2016 • Independence Realty Trust, Inc • Real estate investment trusts • Pennsylvania
This SHARED SERVICES AGREEMENT (this “Agreement”), dated as of December 20, 2016 (the “Effective Date”), is by and among Independence Realty Trust, Inc., a Maryland corporation (“IRT”), and RAIT Financial Trust, a Maryland real estate investment trust (“RAIT”). IRT and RAIT shall be collectively referred to herein as the “Parties,” and each individually a “Party”.
VOTING AGREEMENTVoting Agreement • May 12th, 2015 • Independence Realty Trust, Inc • Real estate investment trusts • Maryland
This Voting Agreement (this “Agreement”) is made and entered into as of May 11, 2015, by and between Trade Street Residential, Inc., a Maryland corporation (the “Company”) and the undersigned stockholder (the “Stockholder”) of Independence Realty Trust, Inc., a Maryland corporation (“Parent”).
LOAN AGREEMENT [FIXED RATE] Between KOLA INVESTMENTS, L.L.C., a New Jersey limited liability company as Borrower and GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation as Lender Dated as of March 3, 2006Loan Agreement • March 11th, 2014 • Independence Realty Trust, Inc • Real estate investment trusts
THIS LOAN AGREEMENT is made as of this 3rd day of March, 2006 by KOLA INVESTMENTS, L.L.C., a New Jersey limited liability company (“Borrower”), as borrower, and GMAC COMMERCIAL MORTGAGE CORPORATION, a California corporation (together with its successors and assigns “Lender”), as lender.
12,500,000 Shares Independence Realty Trust, Inc. Common Stock ($0.01 Par Value Per Share) EQUITY UNDERWRITING AGREEMENTEquity Underwriting Agreement • September 12th, 2017 • Independence Realty Trust, Inc. • Real estate investment trusts • New York
Independence Realty Trust, Inc., a Maryland corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you are acting as representative (in such capacity, the “Representative”), 12,500,000 shares (the “Firm Shares”) of its common stock, par value $0.01 per share (the “Common Stock”). In addition, the Company also proposes to issue and sell to the several Underwriters, at the Underwriters’ option, an aggregate of up to 1,875,000 additional shares of Common Stock on the terms set forth in Section 2 hereof (the “Option Shares”). The Firm Shares and the Option Shares (to the extent the aforementioned option is exercised) are herein collectively called the “Shares.”
GUARANTY OF NON-RECOURSE CARVEOUTSGuaranty of Non-Recourse Carveouts • May 10th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts • Pennsylvania
THIS GUARANTY OF NON-RECOURSE CARVEOUTS (this “Guaranty”) is dated effective as of the 29th day of April, 2011, is made by INDEPENDENCE REALTY OPERATING PARTNERSHIP, LP, a Delaware limited partnership (“Guarantor”), for the benefit of RAIT CRE CDO I, LTD., a Cayman Islands limited liability company (together with its successors and assigns, “Lender”).
INDEPENDENCE REALTY TRUST, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • April 8th, 2011 • Independence Realty Trust, Inc • Real estate investment trusts
Independence Realty Securities, LLC (the “Dealer Manager”) entered into a dealer manager agreement, dated as of April 7, 2011 (the “Dealer Manager Agreement”), with Independence Realty Trust, Inc., a Maryland corporation (the “Company”), under which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) for its common shares of beneficial interest, $.01 par value per share, of which amount: (i) up to 100,000,000 shares for a purchase price of $10.00 per share (subject in certain circumstances to discounts based upon the volume of shares purchased and for certain categories of purchasers) (the “Primary Shares”), and (ii) up to 10,000,000 shares for a purchase price of $9.50 per share (the “DRP Shares” and, together with the Primary Shares, the “Shares”) commencing on the initial Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Share
