0001144204-12-037830 Sample Contracts

NOTE
Note • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate

FOR VALUE RECEIVED, the undersigned (“Borrower”), hereby promises to pay to the order of TD Bank, N.A. or registered assigns (“Lender”), in accordance with the provisions of the Agreement (as hereinafter defined), the principal amount of each Loan from time to time made by the Lender to Borrower under that certain Amended and Restated Term Loan Agreement, dated as of July 2, 2012 (as amended, restated, extended, supplemented, or otherwise modified in writing from time to time, the “Agreement;” the terms defined therein being used herein as therein defined), among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), the Lenders from time to time party thereto, and Wells Fargo Bank, National Association, as Administrative Agent.

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AMENDED AND RESTATED TERM LOAN AGREEMENT Dated as of July 2, 2012 among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., as Borrower, AMERICAN REALTY CAPITAL TRUST, INC., as a Guarantor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative...
Term Loan Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York

This AMENDED AND RESTATED TERM LOAN AGREEMENT (“Agreement”) is entered into as of July 2, 2012, among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), Wells Fargo Bank, National Association (“Wells Fargo”), as Administrative Agent (in such capacity, “Administrative Agent”), and TD BANK, N.A. and UNION BANK, N.A., as Documentation Agents.

THIRD AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York

THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is made and entered into as of this 2nd day of July, 2012 by and among American Realty Capital Operating Partnership, L.P., a Delaware limited partnership (“Borrower”), AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation and the sole member of the sole general partner of Borrower (“Parent”), and RBS CITIZENS, N.A., a national banking association, as Administrative Agent for the benefit of the Lenders (in such capacity, the “Administrative Agent”), as L/C Issuer and as Swing Line Lender.

AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT
Subsidiary Guaranty Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York

THIS AMENDED AND RESTATED SUBSIDIARY GUARANTY AGREEMENT (this “Guaranty”) is executed as of July 2, 2012, by EACH OF THE SUBSIDIARIES OF AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“Borrower”), LISTED ON SCHEDULE 1 ATTACHED HERETO or who become a party hereto pursuant to Section 21 below (each a “Guarantor” and collectively, “Guarantors”), for the benefit of the Credit Parties (defined below).

AMENDED AND RESTATED PARENT GUARANTY AGREEMENT
Parent Guaranty Agreement • July 3rd, 2012 • American Realty Capital Trust, Inc. • Real estate • New York

THIS AMENDED AND RESTATED PARENT GUARANTY AGREEMENT (this “Guaranty”) is executed as of July 2, 2012, by AMERICAN REALTY CAPITAL TRUST, INC., a Maryland corporation, (“Guarantor”), for the benefit of the Credit Parties (defined below).

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