INDEMNIFICATION AGREEMENTIndemnification Agreement • March 31st, 2015 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the 31st day of December, 2014, by and between American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “Company”), and William M. Kahane, Robin A. Ferracone, Dr. Robert J. Froehlich, Nicholas S. Schorsch, P. Sue Perrotty, Nicholas Radesca, Peter M. Budko, Edward M. Weil, Jr., American Realty Capital Advisors II, LLC, AR Capital, LLC and RCS Capital Corporation (each, an “Indemnitee”).
AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P. Date as of August 15, 2011American Realty Capital Daily Net Asset Value Trust, Inc. • February 29th, 2012 • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY TRUST OPERATING PARTNERSHIP II, L.P. (this “Agreement”) dated as of August 15, 2011, is entered into among AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL ADVISORS II, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC. UP TO $1,737,499,995 OF SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT August 15, 2011Exclusive Dealer Manager Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
American Realty Capital Daily Net Asset Value Trust, Inc. (the “ Company ”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “ REIT ”) for federal income tax purposes beginning with the taxable year ending December 31, 2012, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to $1,499,999,995 of shares of its common stock, $.01 par value per share, consisting of Retail Shares and Institutional Shares (the “ Primary Shares ”), in the primary offering (the “ Primary Offering ”), and (b) up to $237,500,000 of shares of its common stock (the “ DRP Shares ” and, together with the Primary Shares, the “ Shares ”) for issuance through the Company’s distribution reinvestment plan (the “ DRP ” and together with the Primary Offering, the “ Offering ”) (subject to the right of the Company to reallocate such Shares between the Primary Shares and the DRP Shares), all upon the other terms and su
SECOND AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., AND AMERICAN REALTY CAPITAL ADVISORS II, LLC Dated as of June 26, 2015Advisory Agreement • June 26th, 2015 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED ADVISORY AGREEMENT (this “Agreement”) dated as of June 26, 2015, is entered into among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership II, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Advisors II, LLC, a Delaware limited liability company.
AMERICAN REALTY CAPITAL Daily Net Asset Value Trust, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • August 14th, 2014 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2014 (the “Dealer Manager Agreement”), with American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “Company”) and American Realty Capital Advisors II, LLC, pursuant to which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) of up to $1,714,315,556 of shares of the Company's common stock, $0.01 par value per share (“Common Stock”) of which amount: (i) up to $1,477,655,489 in shares of Common Stock are being offered to the public in the primary offering (the “Primary Shares”), and (ii) up to $236,660,067 in shares of Common Stock are being offered pursuant to the Company’s distribution reinvestment plan (the “DRP Shares” and, together with the Primary Shares, the “Shares”) commencing on the Effective Date (as defined below). Notwithstanding the for
AMERICAN REALTY CAPITAL Daily Net Asset Value Trust, INC. UP TO $1,714,315,556 OF SHARES OF COMMON STOCK FORM OF EXCLUSIVE DEALER MANAGER AGREEMENTDealer Manager Agreement • August 14th, 2014 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of August 15, 2011 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Daily Net Asset Value Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., AND AMERICAN REALTY CAPITAL ADVISORS II, LLC Dated as of , 2011Advisory Agreement • August 4th, 2011 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of , 2011, is entered into among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Operating Partnership II, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Advisors II, LLC, a Delaware limited liability company.
AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC. UP TO $1,737,499,995 OF SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENTEscrow Agreement • June 9th, 2011 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management and Leasing Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
This property management and leasing agreement (this “Management Agreement”) is made and entered into as of the 15th day of August, 2011, by and among AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., a Delaware limited partnership (the “OP”), and AMERICAN REALTY CAPITAL PROPERTIES II, LLC, a Delaware limited liability company (the “Manager”).
LOAN AGREEMENT by and between CAMBR COMPANY, INC., as the Lender And AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., as the Borrower Dated as of MARCH 21, 2012Loan Agreement • May 11th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
Loan Agreement dated as of March 21, 2012 (“Agreement”) by and between AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC. (the “Borrower”), and CAMBR COMPANY, INC. (the “Lender”).
FORM OF ESCROW AGREEMENTForm of Escrow Agreement • August 14th, 2014 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of [●], 2014 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Daily Net Asset Value Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
SECOND AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • November 7th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of October 5, 2012 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Daily Net Asset Value Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
SECOND AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P.Agreement • March 6th, 2013 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
This SECOND AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P. (this “Amendment”), is made as of December 28, 2012 by and among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation, in its capacity as the general partner (the “General Partner”) of American Realty Capital Operating Partnership II, L.P., a Delaware limited partnership (the “Partnership”), and American Realty Capital Advisors II, LLC, the initial limited partner of the partnership, a Delaware limited liability company (the “Initial Limited Partner”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Agreement of Limited Partnership of the Partnership, dated as of August 15, 2011, as amended (the “Partnership Agreement”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAgreement for Purchase and Sale • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AMERICAN REALTY CAPITAL II, LLC (“Buyer”), and SMALL, LLC (“Seller”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY FedEx Freight: Chili, NYAgreement for Purchase and Sale • November 16th, 2015 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date (as hereinafter defined) by and between ARC FECHLNY001, LLC, a Delaware limited liability company, having an office at 405 Park Avenue, 15th floor, New York, New York 10022 (“Seller”), and Allegra Tribeca, Inc., a New York corporation and/or its assigns, having an address at c/o Allegra Holding, Inc., Attn: Jaime Baron Rivero, Arbea Campus Empresarial, Edificio 4, Fuencarral a Alcobendas, M-603 km 3800, 28108 Alcobendas, Madrid (“Buyer”).
GUARANTYGuaranty • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • Ohio
In consideration of the extension of credit by FIRST PLACE BANK ("Lender"), whose mailing address is 724 Boardman Poland Road, Youngstown, Ohio 44512, to ARCDV DGATNIL001, LLC; ARCDV FDWVLMS1, LLC, ARCDV FDGTRMS1, LLC; and ARCDV FDKNSOK001, LLC, each a Delaware limited liability company (individually, a "Borrower" and, collectively, the "Borrowers"), as evidenced by Borrowers' Note ("Note") in the principal amount of One Million Five Hundred Thirty Thousand Dollars ($1,530,000.00) (the "Loan"); a Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Filing Financing Statement, Mortgage, Assignment of Rents and Leases and Security Agreement or Deed of Trust, Assignment of Rents and Leases and Security Agreement, as the case may be (collectively the "Mortgages") on each of four (4) properties identified as the "Mortgaged Property" in the Note, all of even date herewith (hereinafter collectively referred to as the "Obligations"), and other good and valuable consideratio
AMENDED AND RESTATED INVESTMENT OPPORTUNITY ALLOCATION AGREEMENTInvestment Opportunity Allocation Agreement • April 19th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
This AMENDED AND RESTATED INVESTMENT OPPORTUNITY ALLOCATION AGREEMENT (this “Agreement”) is dated as of April 12, 2012, by and between American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (“ARC DNAV”) and American Realty Capital Trust III, Inc., a Maryland corporation (“ARCT III” and ARC DNAV, will be known hereafter as, the “ARC Funds”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAgreement for Purchase and Sale • August 9th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AR CAPITAL, LLC (“Buyer”), and SUNSET ENTERPRISE TRUST (“Seller”).
LOAN AGREEMENT Dated as of March 21, 2012 between ARC FECHLNY001, LLC as Borrower and CAPITAL ONE, NATIONAL ASSOCIATION as LenderLoan Agreement • May 11th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
LOAN AGREEMENT dated as of March ___, 2012 (as the same may be modified, supplemented, amended or otherwise changed, this “Agreement”) between ARC FECHLNY001, LLC, a Delaware limited liability company (together with its permitted successors and assigns, “Borrower”), and CAPITAL ONE, NATIONAL ASSOCIATION (together with its successors and assigns, “Lender”).
FIRST AMENDMENT TO ADVISORY AGREEMENTAdvisory Agreement • April 19th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO ADVISORY AGREEMENT is entered into as of April 13, 2012, among American Realty Capital Daily Net Asset Value Trust, Inc. (the “Company”), American Realty Capital Operating Partnership II, L.P. (the “OP”) and American Realty Capital Advisors II, LLC (the “Advisor”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAgreement for Purchase and Sale • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AMERICAN REALTY CAPITAL II, LLC (“Buyer”), and Triple C Development, Inc. (“Seller”).
FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P.American Realty Capital Daily Net Asset Value Trust, Inc. • February 29th, 2012 • Real estate investment trusts
THIS FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P. (this "Amendment"), is made this November, by and between, AMERICAN REALTY CAPITAL DAILY NET ASSED VALUE TRUST, INC., a Maryland corporation, as general partner (the "General Partner") and AMERICAN REALTY CAPITAL ADVISORS III, LLC, a Delaware limited liability company (the "Initial Limited Partner").
PROMISSORY NOTE (Mezzanine Loan)Promissory Note • May 11th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
FOR VALUE RECEIVED, ARC FECHLNY001, LLC, a Delaware limited liability company, having an address at c/o American Realty Capital Operating Partnership II, L.P., 405 Park Avenue, 15th Floor, New York, New York 10022 (“Maker”), promises to pay to the order of CAPITAL ONE, NATIONAL ASSOCIATION, at its principal place of business at 275 Broadhollow Road, Melville, New York 11747 (together with its successors and assigns, “Payee”), or at such place as the holder hereof may from time to time designate in writing, the principal sum of FOUR MILLION NINE HUNDRED NINE THOUSAND DOLLARS ($4,909,000.00), in lawful money of the United States of America, with interest on the unpaid principal balance from time to time outstanding to be computed in the manner, at the times and, subject to the provisions of Section 2.2.2 of the Loan Agreement (as hereinafter defined), at the Interest Rate applicable to the Mezzanine Loan as provided in that certain Loan Agreement (as amended, modified, restated, consolid
ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL DAILY NET ASSET VALUE TRUST, INC., AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP II, L.P., AND AMERICAN REALTY CAPITAL ADVISORS II, LLC Dated as of August 15, 2011Advisory Agreement • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “ Agreement ”) dated as of August 15, 2011, is entered into among American Realty Capital Daily Net Asset Value Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Operating Partnership II, L.P., a Delaware limited partnership (the “ Operating Partnership ”), and American Realty Capital Advisors II, LLC, a Delaware limited liability company.
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY FedEx Freight Chili, NYAgreement • May 11th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of the Effective Date by and between AMERICAN REALTY CAPITAL II, LLC (“Buyer”), and SunCap Centres FE Rochester, LLC, a Florida limited liability company (“Seller”).
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTYAgreement for Purchase And • February 29th, 2012 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging to the extent not encumbered, restricted or reserved as contemplated by this Special Warranty Deed unto Grantee and its successors and assigns forever.
Lock Up AgreementLock Up Agreement • August 4th, 2011 • American Realty Capital Daily Net Asset Value Trust, Inc. • Real estate investment trusts • New York
