CREDIT AGREEMENTCredit Agreement • August 14th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT (“Agreement”) is entered into, as of April 25, 2014, among Cole Operating Partnership V, 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, Swing Line Lender and L/C Issuer.
CREDIT AGREEMENT Dated as of March 27, 2018 among COLE OPERATING PARTNERSHIP V, LP, as the Borrower, JPMORGAN CHASE BANK, N.A., as Administrative Agent and L/C Issuer,Credit Agreement • March 30th, 2018 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
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 March 27, 2018, among COLE OPERATING PARTNERSHIP V, 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.
ADVISORY AGREEMENTAdvisory Agreement • May 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this 17th day of March, 2014, by and between COLE CREDIT PROPERTY TRUST V, INC., a Maryland corporation (the “Company”), and COLE REIT ADVISORS V, LLC, a Delaware limited liability company (the “Advisor”).
ESCROW AGREEMENTEscrow Agreement • February 10th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
COLE CREDIT PROPERTY TRUST V, 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 Washington (“Washington Subscribers”), the Company has received subscriptions for Stock resulting in total minimum capital rai
FORM OF AGREEMENT OF LIMITED PARTNERSHIP OF COLE OPERATING PARTNERSHIP V, LPCole Credit Property Trust V, Inc. • July 11th, 2013 • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the day of , 2013, by and among Cole Credit Property Trust V, Inc., a Maryland corporation, CRI REIT V, 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 Operating Partnership V, 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 June 18, 2013.
AGREEMENT OF LIMITED PARTNERSHIP OF COLE OPERATING PARTNERSHIP V, LP FEBRUARY 7, 2014Agreement • February 10th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 7th day of February, 2014, by and among Cole Credit Property Trust V, Inc., a Maryland corporation, CRI REIT V, 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 Operating Partnership V, 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 June 18, 2013.
SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • June 23rd, 2017 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Michigan
This Purchase and Sale Agreement (this “Agreement”) is entered into effective as of August 18, 2014 (the “Effective Date”) by SAND CAPITAL VI LLC, an Indiana limited liability company, as Seller (“Seller”), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as Buyer (“Buyer”).
Up to $1,500,000,000 of Shares of Class A Common Stock and Class T Common Stock SECOND AMENDED AND RESTATED DEALER MANAGER AGREEMENT August 1, 2017Cole Credit Property Trust V, Inc. • August 2nd, 2017 • Real estate investment trusts • Arizona
This Second Amended and Restated Dealer Manager Agreement (the “Agreement”) amends, restates and replaces in full that certain Amended and Restated Dealer Manager Agreement dated April 29, 2016 by and between Cole Credit Property Trust V, Inc., a Maryland corporation (the “Company”), and Cole Capital Corporation (the “Dealer Manager”), as amended by that certain Amendment No. 1 to Amended and Restated Dealer Manager Agreement between the Company and the Dealer Manager dated October 5, 2016.
LOAN AGREEMENT FIXED RATE BETWEENLoan Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Michigan
LLC, a Michigan limited liability company ("Borrower"), as borrower, and CAPMARK BANK, a Utah industrial bank (together with its successors and assigns "Lender"), as lender.
FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • August 14th, 2020 • Cole Credit Property Trust V, 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 Credit Property Trust V, Inc., a Maryland corporation (the “Company”), and _______________ (“Indemnitee”).
MASTER PURCHASE AND SALE AGREEMENTMaster Purchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
This Master Purchase and Sale Agreement (this “Agreement”) is entered into effective as of June 19, 2014 (the “Effective Date”) by The Estate of Seymour Baum, as Seller (“Seller”), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as Buyer (“Buyer”).
AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • October 28th, 2020 • Cole Credit Property Trust V, 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 V Merger Sub, LLC, a Maryland limited liability company and wholly owned subsidiary of CMFT (“Merger Sub”), and Cole Credit Property Trust V, Inc., a Maryland corporation (“CCPT V”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement (as defined below).
MASTER PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between SELLER and SERIES C, LLC as Buyer October 18, 2013Master Purchase Agreement • May 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
PARTIES: This Master Purchase Agreement and Escrow Instructions is between the entities executing this Agreement, collectively, as “Seller”, and SERIES C, LLC, an Arizona limited liability company, as “Buyer”.
PURCHASE AND SALE AGREEMENT CVS: Riverton, NJPurchase and Sale Agreement • August 14th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
THIS AGREEMENT (“Agreement”) is made and entered into as of May 29, 2014 (the “Effective Date”) by and between ARCP ACQUISITIONS, LLC (“Buyer”), and SHOPS AT RIVERTON, LLC (“Seller”).
COLE CREDIT PROPERTY TRUST V, INC. Up to 120,000,000 Shares of Common Stock DEALER MANAGER AGREEMENT March 17, 2014Dealer Manager Agreement • May 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
Cole Credit Property Trust V, Inc., a Maryland corporation (the “Company”), is registering for a public sale a maximum of 120,000,000 shares of its common stock, $0.01 par value per share (the “Offering”), of which amount up to 100,000,000 shares are to be offered to the public (collectively the “Shares” or the “Stock”) and an additional up to 20,000,000 shares are to be offered pursuant to the Company’s distribution reinvestment plan. Until such time as the Company calculates its net asset value (“NAV”), which the Company shall calculate following the date which is two years after the gross proceeds of the Shares sold have reached the minimum offering amount set forth in the Prospectus (as defined below) (the “Minimum Offering”) and are disbursed to the Company pursuant to the Escrow Agreement (as defined below) (the “NAV Pricing Date”), the per share purchase price for the Shares offered to the public will be up to $25.00 (including the maximum allowed to be charged for selling commi
AGREEMENT AND PLAN OF MERGER BY AND AMONG CIM REAL ESTATE FINANCE TRUST, INC., THOR V MERGER SUB, LLC, AND COLE CREDIT PROPERTY TRUST V, INC. DATED AS OF AUGUST 30, 2020Agreement and Plan of Merger • August 31st, 2020 • Cole Credit Property Trust V, 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 V Merger Sub, LLC, a Maryland limited liability company and a wholly owned subsidiary of CMFT (“Merger Sub”), and Cole Credit Property Trust V, Inc., a Maryland corporation (“CCPT V”). Each of CMFT, Merger Sub and CCPT V 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.
LOAN AGREEMENTLoan Agreement • March 31st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of November 26, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between LADDER CAPITAL FINANCE LLC, a Delaware limited liability company, having an address at 345 Park Avenue, 8th Floor, New York, NY 10154 (together with its successors and assigns, collectively, “Lender”) and the Borrowers listed on Schedule II attached hereto, each being a Delaware limited liability company, having an address at c/o American Realty Capital Properties, Inc., 2325 E. Camelback Road, Suite 1100, Phoenix, AZ 85016 (together with its permitted successors and assigns, individually and collectively, “Borrower” or “Borrowers”).
FIRST MODIFICATION AGREEMENTFirst Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, 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 Lender agree as follows:
ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENTAssignment and Assumption of Purchase Agreement • May 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • North Carolina
This Assignment and Assumption of Purchase Agreement (this "Assignment") is made to be effective as of February 17, 2014 (the “Effective Date”) by and between AR CAPITAL, LLC ("Assignor") and Series C, LLC, an Arizona limited liability company ("Assignee").
THIRD MODIFICATION AGREEMENTThird Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
Initially, the Applicable Rate shall be determined based upon Pricing Level IV. Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level IV above shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).
Cole Credit Property Trust V, Inc. Phoenix, Arizona 85016Cole Credit Property Trust V, Inc. • August 31st, 2020 • Real estate investment trusts • Arizona
This letter agreement sets forth certain agreements and understandings that each of Cole REIT Management V, LLC, a Delaware limited liability company (the “Advisor”), and Cole Credit Property Trust V, 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., a Maryland corporation (“CMFT”), and Thor Merger V Sub, LLC, a Maryland limited liability company (“Merger Sub”), pursuant to the Agreement and Plan of Merger, dated as of the date hereof (and as hereafter amended, the “Merger Agreement”), among CMFT, Merger Sub and the Company. Capitalized terms used but not defined herein shall have the respective meanings given to such terms in the Advisory Agreement, dated as of March 17, 2014 (the “Advisory Agreement”), by and between the Company and the Advisor, as amended.
MASTER PURCHASE AND SALE AGREEMENTMaster Purchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
This Master Purchase and Sale Agreement (this “Agreement”) is entered into effective as of September 29, 2014 (the “Effective Date”) by the entities listed on the signature page attached to this Agreement, each as a seller (collectively, the “Seller”), and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as Buyer (“Buyer”).
FIRST AMENDMENT TO THE ADVISORY AGREEMENT BY AND BETWEEN COLE CREDIT PROPERTY TRUST V, INC. AND COLE REIT ADVISORS V, LLCAdvisory Agreement • August 2nd, 2017 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
This FIRST AMENDMENT of the ADVISORY AGREEMENT (this “Amendment”) is made as of August 2, 2017 by and between COLE CREDIT PROPERTY TRUST V, INC., a Maryland corporation (the “Company”), and COLE REIT ADVISORS V, LLC, a Delaware limited liability company (the “Advisor”). This Amendment amends that certain Advisory Agreement, dated as of March 17, 2014, 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.
FOURTH MODIFICATION AGREEMENTFourth Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • New York
Initially, the Applicable Rate shall be determined based upon Pricing Level IV. Any increase or decrease in the Applicable Rate resulting from a change in the Leverage Ratio shall become effective as of the first Business Day immediately following the date a Compliance Certificate is delivered pursuant to Section 6.02(a); provided, however, that if a Compliance Certificate is not delivered when due in accordance with such Section, then Pricing Level IV above shall apply as of the first Business Day after the date on which such Compliance Certificate was required to have been delivered (until such time as such delinquent Compliance Certificate is delivered).
PURCHASE AND SALE AGREEMENT BETWEENPurchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, as well as the sums to be paid by Purchaser to Seller, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Purchaser and Seller agree as follows:
CONTRACT FOR THE PURCHASE AND SALE OF REAL PROPERTYPurchase and Sale • March 31st, 2015 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
THIS CONTRACT FOR THE PURCHASE AND SALE OF REAL PROPERTY (this “Agreement”), is made and entered into this 23rd day of October, 2014 (the “Effective Date”), by and between WALGREEN CO., an Illinois corporation, hereinafter referred to as “Seller”; and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, hereinafter referred to as “Buyer”.
FIFTH MODIFICATION AGREEMENTFifth Modification Agreement • October 1st, 2015 • Cole Credit Property Trust V, 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:
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • California
THIS PURCHASE AND SALE AGREEMENT (this “Agreement”) is made effective as of September 10, 2014 (the “Effective Date”), by and between CF Untied PropCo LLC, a Delaware limited liability company (“Seller”), and ARCP Acquisitions, LLC, a Delaware limited liability company (“Purchaser”).
PURCHASE AND SALE AGREEMENT (WITH ESCROW INSTRUCTIONS)Purchase and Sale Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
This Purchase and Sale Agreement (this "Agreement") is entered into effective as of September 22, 2014 (the "Effective Date") by LAWTON MARKETPLACE INVESTORS LP, a Texas limited partnership, as Seller ("Seller"), and ARCP AQUISITIONS, LLC, a Delaware limited liability company, as Buyer ("Buyer").
AMENDMENT NO. 1 TO AMENDED AND RESTATED DEALER MANAGER AGREEMENTDealer Manager Agreement • October 6th, 2016 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • Arizona
This AMENDMENT NO. 1 TO AMENDED AND RESTATED DEALER MANAGER AGREEMENT (this “Amendment”) is made and entered into as of this 5th day of October, 2016, by and between Cole Credit Property Trust V, Inc., a Maryland corporation (the “Company”), and Cole Capital Corporation (the “Dealer Manager”).
MODIFICATION AGREEMENTModification Agreement • November 13th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts
THIS MODIFICATION AGREEMENT (this "Agreement") is entered into as of September 24, 2014 by and between SERIES C, LLC ("Lender") and COLE OPERATING PARTNERHIP V, LP ("Borrower'').
SECOND MODIFICATION AND LENDER JOINDER AGREEMENTLender Joinder Agreement • November 13th, 2014 • Cole Credit Property Trust V, 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 New Lenders agree as follows:
SIXTH MODIFICATION AGREEMENTSixth Modification Agreement • August 15th, 2016 • Cole Credit Property Trust V, 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:
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Between MIDLAND-DURBAN RETAIL INVESTORS, LLC as Seller and ARCP ACQUISITIONS, LLC as Buyer May 15, 2014Purchase Agreement • August 14th, 2014 • Cole Credit Property Trust V, Inc. • Real estate investment trusts • North Carolina
PARTIES: This Purchase Agreement and Escrow Instructions is between MIDLAND-DURBAN RETAIL INVESTORS, LLC, a North Carolina limited liability company, as “Seller”, and ARCP ACQUISITIONS, LLC, a Delaware limited liability company, as “Buyer”.
