FORM OF ADVISORY AGREEMENT BY AND AMONG EMPIRE AMERICAN REALTY TRUST, INC., EMPIRE AMERICAN REALTY OPERATING PARTNERSHIP, LP, AND EMPIRE AMERICAN ADVISORS, LLCAdvisory Agreement • August 14th, 2009 • Empire American Realty Trust Inc • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”), dated as of [ ] , 2009 (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
FORM OF MANAGEMENT AGREEMENTManagement Agreement • August 14th, 2009 • Empire American Realty Trust Inc • Real estate investment trusts • New York
This management agreement (this “Management Agreement”) is made and entered into as of the ___ day of ____________, 2009, 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”).
EMPIRE AMERICAN REALTY TRUST, INC UP TO 110,000,000 SHARES OF COMMON STOCK FORM OF DEALER MANAGER AGREEMENTEmpire American • August 14th, 2009 • Empire American Realty Trust Inc • Real estate investment trusts • New York
Empire American Realty 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, 2010, or the first year during which the Company begins material operations. 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 a 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 res
