AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 30th, 2015 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
This Agreement amends and restates the Credit Agreement dated as of January 13, 2014 (as the same has been amended or otherwise modified prior to the date hereof, the "Existing Credit Agreement"), among Borrower, the lenders party thereto and JPMorgan Chase Bank, N.A., as administrative agent.
CREDIT AGREEMENT Dated as of December 10, 2019 among COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP, as the Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent and L/C Issuer,Credit Agreement • December 16th, 2019 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • London
THIS CREDIT AGREEMENT (as may be amended, restated, amended and restated, supplemented or otherwise modified from time to time, this “Agreement”) is entered into as of December 10, 2019, among COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP, a Delaware limited partnership (the “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and JPMORGAN CHASE BANK, N.A., as Administrative Agent.
LOAN AGREEMENT Dated as of March 11, 2015 By and betweenLoan Agreement • March 30th, 2015 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of March 11, 2015 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), made by and among BARCLAYS BANK PLC, having an address at 745 Seventh Avenue, New York, NY 10019 (“Lender”), and ARCP OFC PHOENIX (CENTRAL) AZ, LLC, a Delaware limited liability company, having an address at c/o American Realty Capital Properties, Inc., 2325 E. Camelback Road, Suite 1100, Phoenix, Arizona 85016 (“Borrower”).
ADVISORY AGREEMENTAdvisory Agreement • August 28th, 2013 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this the 27th day of August, 2013, by and between COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC., a Maryland corporation (the “Company”), and COLE CORPORATE INCOME ADVISORS II, LLC, a Delaware limited liability company (the “Advisor”).
AMENDED AND RESTATED ESCROW AGREEMENTEscrow Agreement • March 28th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC., a Maryland corporation (the “Company”), will issue in a public offering (the “Offering”) shares of its common stock (the “Stock”) pursuant to a registration statement on Form S-11 filed by the Company with the Securities and Exchange Commission. Cole Capital Corporation, an Arizona corporation (the “Dealer Manager”), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement to set forth the terms on which UMB BANK, N.A. (the “Escrow Agent”), will, except as otherwise provided herein, hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as: (i) the Company has received subscriptions for at least $2,500,000 in shares of Stock in the Offering (the “Required Capital”); (ii) in the case of subscriptions received from residents of Pennsylvania (“Pennsylvania Subscribers”), the Company has received subscriptions for Stock resulting in total mini
FORM OF AGREEMENT OF LIMITED PARTNERSHIP OF COLE CORPORATE INCOME OPERATING PARTNERSHIP II, L.P. [March , 2013]Cole Office & Industrial REIT (CCIT II), Inc. • March 22nd, 2013 • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the day of March, 2013, by and among Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation, CRI CCIT II, LLC, a Delaware limited liability company (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP, a limited partnership formed under the laws of the State of Delaware (whether treated as a partnership or disregarded entity for federal income tax purposes, the “Partnership”), pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Delaware on March , 2013.
AGREEMENT OF LIMITED PARTNERSHIP OF COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP August 27, 2013Agreement • August 28th, 2013 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 27th day of August, 2013, by and among Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation, CRI CCIT II, LLC, a Delaware limited liability company (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP, a limited partnership formed under the laws of the State of Delaware (whether treated as a partnership or disregarded entity for federal income tax purposes, the “Partnership”), pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Delaware on March 15, 2013.
COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC. Up to $2,975,000,000 of Shares of Class A Common Stock and Class T Common Stock AMENDED AND RESTATED DEALER MANAGER AGREEMENT April 29, 2016Dealer Manager Agreement • April 29th, 2016 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
This Amended and Restated Dealer Manager Agreement (the “Agreement”) amends, restates and replaces in full that certain Dealer Manager Agreement dated September 17, 2013 by and between Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (the “Company”), and Cole Capital Corporation (the “Dealer Manager”).
AGREEMENT OF SALE AND PURCHASE BETWEENAgreement of Sale and Purchase • March 28th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • California
THIS AGREEMENT OF SALE AND PURCHASE (this “Agreement”) is entered into as of December 11, 2013 (the “Effective Date”), by HINES VAF NO CAL PROPERTIES, L.P., a Delaware limited partnership (“Seller”), and SERIES C, LLC, an Arizona limited liability company (“Purchaser”).
PURCHASE AND SALE AGREEMENT (WITH ESCROW INSTRUCTIONS)Purchase and Sale Agreement • September 17th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
This Purchase and Sale Agreement (this “Agreement”) is entered into effective as of June 16, 2014 (the “Effective Date”) by COPTER PROPERTIES, LLC, an Alabama limited liability company, as Seller (“Seller”), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as Buyer (“Buyer”).
COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC. Up to 300,000,000 Shares of Common Stock FORM OF DEALER MANAGER AGREEMENTSelected Dealer Agreement • August 28th, 2013 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 28th, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
This Amendment to Agreement and Plan of Merger (this “Amendment”), dated as of October 24, 2020, is entered into by and among CIM Real Estate Finance Trust, Inc., a Maryland corporation (“CMFT”), Thor II Merger Sub, LLC, a Maryland limited liability company and wholly owned subsidiary of CMFT (“Merger Sub”), and Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (“CCIT II”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement (as defined below).
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • August 14th, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Maryland
This INDEMNIFICATION AGREEMENT (this “Agreement”) is made and entered into as of --___________, 2020 (the “Effective Date”), by and between Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (the “Company”), and _______________ (“Indemnitee”).
Cole Office & Industrial REIT (CCIT II), Inc. Phoenix, Arizona 85016Letter Agreement • November 2nd, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
This letter agreement sets forth certain agreements and understandings that each of Cole Corporate Income Management II, LLC, a Delaware limited liability company (the “Advisor”), Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (the “Company”), and Griffin Capital Essential Asset REIT, Inc. (“GCEAR”), has agreed to undertake in connection with the Company’s proposed business combination (the “GCEAR Merger Transactions”) with GCEAR pursuant to the Agreement and Plan of Merger among the Company, GCEAR, Griffin Capital Essential Asset Operating Partnership, L.P., GRT (Cardinal REIT Merger Sub), LLC, GRT OP (Cardinal New GP Sub), LLC, GRT OP (Cardinal LP Merger Sub), LLC, GRT OP (Cardinal OP Merger Sub), LLC, Cole Corporate Income Operating Partnership II, LP and CRI CCIT II LLC, dated as of the date hereof (the “GCEAR Merger Agreement”). Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Advisory Agreement, dat
PURCHASE AND SALE AGREEMENT SELLER: RELP TAMPA, LLC, a Delaware limited liability company PURCHASER: VEREIT ID RUSKIN FL, LLC, a Delaware limited liability company PROPERTY: Approximately 79.529 acres located in the South Shore Corporate Park In the...Purchase and Sale Agreement • August 12th, 2016 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
Exhibit 1.1.1 Legal Description Exhibit 1.1.3 List of Personal Property as of the Effective Date Exhibit 1.1.6 List of Contracts as of the Effective Date Exhibit 3.5 Miscellaneous Property Information Exhibit 3.7 Form of Tenant Estoppel Certificate Exhibit 5.1.1.3 Seller's Disclosure Statement Exhibit 9.3.1 Form of Deed Exhibit 9.3.2 Form of Bill of Sale Exhibit 9.3.3 Form of Assignment and Assumption of Leases Exhibit 9.3.4 Form of Assignment and Assumption of Contracts Exhibit 9.3.5 Form of Assignment of Warranties and Guarantees Exhibit 9.3.6 Form of FIRPTA Affidavit Exhibit 9.3.7 Form of Incumbency Certificate Exhibit 9.3.8 Form of Tenant Notice Letter
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS [945 Monument Drive, Lebanon, Indiana]Purchase and Sale Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • June 9th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of March 31, 2014 (the “Effective Date”) by and between ARCP ACQUISITIONS, LLC (“Buyer”), and WOODSCAPE, LTD. (“Seller”).
ACCORDION INCREASE AGREEMENTAccordion Increase Agreement • November 12th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
PURCHASE AND SALE AGREEMENT (WITH ESCROW INSTRUCTIONS)Purchase and Sale Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Indiana
This Purchase and Sale Agreement (this “Agreement”) is entered into effective as of June 10, 2014 (the “Effective Date”) by AMCOR RIGID PLASTICS USA, INC., a Delaware corporation, as Seller (“Seller”), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as Buyer (“Buyer”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:
Cole Office & Industrial REIT (CCIT II), Inc. Phoenix, Arizona 85016Letter Agreement • August 31st, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
This letter agreement sets forth certain agreements and understandings that each of Cole Corporate Income Management II, LLC, a Delaware limited liability company (the “Advisor”) and Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (the “Company”) has agreed to undertake in connection with the Company’s proposed business combination (the “Merger”) with CIM Real Estate Finance Trust, Inc. (“CMFT”) and Thor II Merger Sub, LLC pursuant to the Agreement and Plan of Merger among them dated as of the date hereof (the “Merger Agreement”). Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Advisory Agreement, dated as of August 27, 2013 (the “Advisory Agreement”), by and between the Company and the Advisor, as amended.
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 12th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
This Purchase and Sale Agreement ("Agreement") by and between CPE OFFICE OWNER, LLC, a Delaware limited liability company ("Assignor"), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company ("Assignee"), is made effective as of the 1st day of October, 2014 (the "Agreement Date"). Assignor and Assignee may also be referred to herein individually as a "Party" and collectively as "Parties".
PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS [Union, OH Facility]Purchase and Sale Agreement and Joint Escrow Instructions • February 4th, 2015 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
AGREEMENT OF PURCHASE AND SALEAgreement of Purchase and Sale • February 15th, 2019 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is dated as of February _14_, 2019 (the “Effective Date”), between each entity identified as a Seller on Schedule A attached hereto (each a “Selling Entity” and collectively “Seller”) and INDUSTRIAL LOGISTICS PROPERTIES TRUST, a Maryland real estate investment trust, as buyer (“Buyer”), and is joined by Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (“Cole REIT”), for the sole purpose of providing credit support for certain obligations of Seller as set forth in Section 6.4 of this Agreement.
AGREEMENT AND PLAN OF MERGER BY AND AMONG CIM REAL ESTATE FINANCE TRUST, INC., THOR II MERGER SUB, LLC, AND COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC. DATED AS OF AUGUST 30, 2020Agreement and Plan of Merger • August 31st, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Maryland
This AGREEMENT AND PLAN OF MERGER, dated as of August 30, 2020 (this “Agreement”), is entered into by and among CIM Real Estate Finance Trust, Inc., a Maryland corporation (“CMFT”), Thor II Merger Sub, LLC, a Maryland limited liability company and a wholly owned subsidiary of CMFT (“Merger Sub”), and Cole Office & Industrial REIT (CCIT II), Inc., a Maryland corporation (“CCIT II”). Each of CMFT, Merger Sub and CCIT II is sometimes referred to herein as a “Party” and collectively as the “Parties.” Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in Article 1.
AGREEMENT AND PLAN OF MERGER BY AND AMONG GRIFFIN CAPITAL ESSENTIAL ASSET REIT, INC., GRIFFIN CAPITAL ESSENTIAL ASSET OPERATING PARTNERSHIP, L.P., GRT (CARDINAL REIT MERGER SUB), LLC, GRT OP (CARDINAL OP MERGER SUB), LLC, GRT OP (CARDINAL LP MERGER...Agreement and Plan of Merger • November 2nd, 2020 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Maryland
This AGREEMENT AND PLAN OF MERGER, dated as of October 29, 2020 (this “Agreement”), is entered into by and among Griffin Capital Essential Asset REIT, Inc., a Maryland corporation (“GCEAR”), GRT (Cardinal REIT Merger Sub), LLC, a Maryland limited liability company and a wholly owned subsidiary of GCEAR (“Merger Sub”), Griffin Capital Essential Asset Operating Partnership, L.P., a Delaware limited partnership and a subsidiary of GCEAR (the “GCEAR Operating Partnership”), GRT OP (Cardinal New GP Sub), LLC, a Delaware limited liability company and a wholly owned subsidiary of the GCEAR Operating Partnership (“New GP Sub”), GRT OP (Cardinal LP Merger Sub), LLC, a Delaware limited liability company and a wholly owned subsidiary of the GCEAR Operating Partnership (“LP Merger Sub”), GRT OP (Cardinal OP Merger Sub), LLC, a Delaware limited liability company and a subsidiary of LP Merger Sub and New GP Sub (“OP Merger Sub” and, together with GCEAR, Merger Sub, the GCEAR Operating Partnership, N
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between FE PROPERTIES LAS VEGAS LLC as Seller and SERIES C, LLC as Buyer February 5, 2014Purchase Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Nevada
PARTIES: This Purchase Agreement and Escrow Instructions is between FE PROPERTIES LAS VEGAS LLC, a Nevada limited liability company, as “Seller”, and SERIES C, LLC, an Arizona limited liability company, as “Buyer”.
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between PLUMAS PINES GOLF COURSE, LP, a California limited partnership as Seller and ARCP ACQUISITIONS, LLC, a Delaware limited liability company as Buyer May 2, 2014Purchase Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • North Carolina
MODIFICATION AGREEMENTModification Agreement • February 11th, 2016 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Arizona
THIS MODIFICATION AGREEMENT (this “Agreement”) is made effective as of the 5th day of February, 2016 (the “Effective Date”), by and among ARCP OFC PHOENIX (CENTRAL) AZ, LLC, with an address at c/o VEREIT, Inc., 2325 E. Camelback Road, Suite 1100, Phoenix, Arizona 85016, Attn: General Counsel - Real Estate (“Borrower”), COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP, a Delaware limited partnership (“Guarantor”), and WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE REGISTERED HOLDERS OF JPMBB COMMERCIAL MORTGAGE SECURITIES TRUST 2015-C28, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2015-C28 (“Noteholder”), acting by and through Wells Fargo Bank, National Association (the “Master Servicer”), solely in its capacity as master servicer for Noteholder.
MODIFICATION AGREEMENTModification Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
THIS MODIFICATION AGREEMENT (this "Agreement") is entered into as of June 25, 2014 by and between SERIES C, LLC ("Lender") and COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP (“Borrower”).
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between BURLINGTON CROSSING REALTY TRUST as Seller and ARCP ACQUISITIONS, LLC as Buyer May 30, 2014Purchase Agreement • August 14th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • Massachusetts
PARTIES: This Purchase Agreement and Escrow Instructions is between BURLINGTON CROSSING REALTY TRUST, a Massachusetts nominee trust, as “Seller”, and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as “Buyer”.
THIRD MODIFICATION AGREEMENTThird Modification Agreement • January 20th, 2016 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
THIS THIRD MODIFICATION AGREEMENT (this “Agreement”) is entered into as of January 13, 2016 by and between VEREIT TRS CORP. (f/k/a ARCP TRS CORP.) (“Lender”) and COLE CORPORATE INCOME OPERATING PARTNERSHIP II, LP (“Borrower”).
FIRST AMENDMENT TO THE ADVISORY AGREEMENT BY AND BETWEEN COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC. AND COLE CORPORATE INCOME ADVISORS II, LLCAdvisory Agreement • March 28th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts
This FIRST AMENDMENT of the ADVISORY AGREEMENT (this “Amendment”) is made as of November 12, 2013 by and between COLE OFFICE & INDUSTRIAL REIT (CCIT II), INC., a Maryland corporation (the “Company”), and COLE CORPORATE INCOME ADVISORS II, LLC, a Delaware limited liability company (the “Advisor”). This Amendment amends that certain Advisory Agreement, dated as of August 27, 2013, by and between the Company and the Advisor (the “Advisory Agreement”). All capitalized terms not defined herein shall have the meanings given to each in the Advisory Agreement.
SECOND MODIFICATION AGREEMENTSecond Modification Agreement • March 24th, 2016 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Borrower, Administrative Agent and the Lenders agree as follows:
SECOND MODIFICATION AND LENDER JOINDER AGREEMENTModification and Lender Joinder Agreement • November 12th, 2014 • Cole Office & Industrial REIT (CCIT II), Inc. • Real estate investment trusts • New York
as provided herein. New Lender has agreed to provide a Revolving Commitment under the Credit Agreement, as provided herein. Administrative Agent and the Lenders are willing to so modify the Loan and the Loan Documents, subject to the terms and conditions herein.
