AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. Date as of ________, 2010American Realty Capital Healthcare Trust Inc • August 27th, 2010 • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of , 2010, is entered into among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, 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 HEALTHCARE TRUST, INC. UP TO 175,000,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENTExclusive Dealer Manager Agreement • August 27th, 2010 • American Realty Capital Healthcare Trust Inc • New York
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC Dated as of , 2010Advisory Agreement • August 27th, 2010 • American Realty Capital Healthcare Trust Inc • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of , 2010, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.
FORM OF PROPERTY MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • August 27th, 2010 • American Realty Capital Healthcare Trust Inc • New York
This property management and leasing agreement (this “Management Agreement”) is made and entered into as of the day of , 2010, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and AMERICAN REALTY CAPITAL HEALTHCARE PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • August 27th, 2010 • American Realty Capital Healthcare Trust Inc
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2010 (the “Dealer Manager Agreement”), with American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “Company”) and American Realty Capital Healthcare Advisors, 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: (i) up to 150,000,000 shares of the Company’s common stock, $.01 par value per share (“Common Stock”) for a purchase price of $10.00 per share (subject in certain circumstances to discounts based upon the volume of shares of Common Stock purchased) (the “Primary Shares”), and (ii) up to 25,000,000 shares of Common Stock 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 ha
