ASSET PURCHASE AND SALE AGREEMENTAsset Purchase and Sale Agreement • December 17th, 2012 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This ASSET Purchase and Sale Agreement (the “Agreement”) is entered into as of December 14, 2012 by and among ARC Properties Operating Partnership, L.P., a Delaware limited partnership (the “Buyer”), and American Realty Capital Advisors III, LLC, a Delaware limited liability company (the “Seller”).
american realty capital advisors iii, LLC American REALTY capital trust iii special limited partner, llc american realty capital properties iii, llc New York, New York 10022Advisory Agreement • December 17th, 2012 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
Reference is made to that certain Agreement and Plan of Merger, dated as of the date hereof (the “Merger Agreement”), by and among American Realty Capital Properties, Inc., a Maryland corporation (“Parent”), ARC Properties Operating Partnership, L.P., a Delaware limited partnership and the operating partnership of the Company (the “Parent OP”), Tiger Acquisition, LLC, a Delaware limited liability company wholly-owned by Parent (“Merger Sub”), American Realty Capital Trust III, Inc., a Maryland corporation (the “Company”), and American Realty Capital Operating Partnership III, L.P., a Delaware limited partnership and the operating partnership of the Company (the “Company OP”), pursuant to which (x) the Company will merge with and into Merger Sub, with Merger Sub being the surviving entity, and (y) the Company OP will merge with and into the Parent OP, with the Parent OP being the surviving entity (collectively, the “Transaction”). Any term not otherwise defined herein shall have the mea
