AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC. UP TO 175,000,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENTExclusive Dealer Manager Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc • New York
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., AND NEW YORK RECOVERY ADVISORS, LLCAdvisory Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc • New York
AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P.Exchange Rights Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P. (this “Agreement”), dated as of , 2009, is entered into by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation, as general partner (the “General Partner”), and NEW YORK RECOVERY ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
FORM OF MANAGEMENT AGREEMENTManagement Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc • New York
This management agreement (this “Management Agreement”) is made and entered into as of the day of , 2009, by and among AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC., a Maryland corporation (the “Company”), NEW YORK RECOVERY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and NEW YORK RECOVERY PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
AMERICAN REALTY CAPITAL NEW YORK RECOVERY REIT, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • November 12th, 2009 • American Realty Capital New York Recovery Reit Inc
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2009 (the “Dealer Manager Agreement”), with American Realty Capital New York Recovery REIT, Inc., a Maryland real estate investment trust (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 shares of common stock, $.01 par value per share, of which amount: (i) up to 150,000,000 shares for a purchase price of $10.00 per share (the “Primary Shares”), and (ii) up to 25,000,000 shares for a purchase price of $9.50 per share (the “DRP Shares” and, together with the Primary Shares, the (“Shares”) commencing on the Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Shares between Primary Shares and the DRP Shares. Unless otherwise defined herein, capitalized terms used herein shall h
