AMENDED AND RESTATED MANAGEMENT AGREEMENT by and between American Realty Capital Properties, Inc. and ARC Properties Advisors, LLC Dated as of February 28, 2013Management Agreement • March 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
AMENDED AND RESTATED MANAGEMENT AGREEMENT, dated as of February 28, 2013, by and between American Realty Capital Properties, Inc., a Maryland corporation (the “Company”), and ARC Properties Advisors, LLC, a Delaware limited liability company (the “Manager”).
AMERICAN REALTY CAPITAL PROPERTIES, INC. 2013 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENTOutperformance Agreement • March 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • Delaware
This 2013 ADVISOR MULTI-YEAR OUTPERFORMANCE AGREEMENT (this “Agreement”) made as of February 28, 2013 (the “Grant Date”), between AMERICAN REALTY CAPITAL PROPERTIES, INC., a Maryland corporation (the “Company”), its subsidiary ARC Properties Operating Partnership, L.P., a Delaware limited partnership and the entity through which the Company conducts substantially all of its operations (the “Partnership”), and ARC Properties Advisors LLC, a Delaware limited liability company, the Company’s manager (the “Advisor”).
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (a Delaware limited partnership)And • March 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • Delaware
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP (this “Agreement”) of ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (the “Partnership”), dated as of February 28, 2013 is entered into among American Realty Capital Properties, Inc., a Maryland corporation (in its capacity as general partner of the Partnership, together with its successors and permitted assigns that are admitted to Partnership as a general partner of the Partnership in accordance with the terms hereof, the “General Partner”), Tiger Acquisition, LLC, a Delaware limited liability company, wholly-owned subsidiary of the General Partner (the “Successor Limited Partner”) and successor to American Realty Capital Trust III, Inc., a Maryland corporation (“Target”) and any limited partner or general partner that is admitted from time to time to the Partnership and listed on Exhibit A attached hereto.
CONTRIBUTION AND EXCHANGE AGREEMENTContribution and Exchange Agreement • March 6th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York
This CONTRIBUTION AND EXCHANGE AGREEMENT (this “Agreement”), is made and entered into as of February 28, 2013, by and between American Realty Capital Operating Partnership III, L.P., a Delaware limited partnership (the “Operating Partnership”), American Realty Capital Trust III Special Limited Partner, LLC, a Delaware limited liability company (the “Special Limited Partner”) and ARC Properties Operating Partnership, L.P., a Delaware limited partnership (the “Parent OP”).
