PROPERTY MANAGEMENT AND LEASING AGREEMENTManagement and Leasing Agreement • May 1st, 2006 • Cole Credit Property Trust Inc • Arizona
This PROPERTY MANAGEMENT AND LEASING AGREEMENT (this “Management Agreement”) is made and entered into as of the 6th day of April, 2004, by and among COLE CREDIT PROPERTY TRUST, INC., a Maryland corporation (“COLE REIT”), COLE OPERATING PARTNERSHIP I, LP, a Delaware limited partnership (“COLE OP”), and FUND REALTY ADVISORS, INC., an Arizona corporation (the “Manager”).
FORWARD RATE LOCK AGREEMENTForward Rate Lock Agreement • May 1st, 2006 • Cole Credit Property Trust Inc • North Carolina
AGREEMENT dated as of May 3, 2005 between Wachovia Bank, N.A. (“Wachovia”), One Wachovia Center, DC-6, Charlotte, North Carolina 28288-0166 and Cole Credit Property Trust, Inc. (“Borrower”, collectively and including Borrower, “Guarantors”), each having an address at 2555 E. Camelback Road, Suite 400, Phoenix, AZ 85016.
AGREEMENT OF LIMITED PARTNERSHIP OF COLE OPERATING PARTNERSHIP I, LP April 6, 2004Agreement of Limited Partnership • May 1st, 2006 • Cole Credit Property Trust Inc • Delaware
This Agreement of Limited Partnership (this “Agreement”) is entered into effective as of the 6th day of April, 2004, by and among Cole Credit Property Trust, Inc., a Maryland corporation (the “General Partner”), Cole REIT Advisors, LLC, a Delaware limited liability company (the “Original Limited Partner”), and the Limited Partner(s) set forth or which may, in the future, be set forth on Exhibit A hereto, as amended from time to time, with respect to Cole Operating Partnership I, LP (the “Partnership”), a limited partnership formed under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Office of the Secretary of State of the State of Delaware effective as of April 6, 2004.
Up to 10,000,000 Shares of Common Stock DEALER MANAGER AGREEMENT April 6, 2004Dealer Manager Agreement • May 1st, 2006 • Cole Credit Property Trust Inc • Arizona
Cole Credit Property Trust, Inc., a Maryland corporation (the “Company”), is offering up to a maximum 10,000,000 shares of its common stock, $0.01 par value per share (the “Shares”) to “accredited investors,” as that term is defined in the Securities Act of 1933, as amended, and Regulation D promulgated thereunder (the Offering”). The Company may offer and sell up to an additional 1,000,000 Shares in its sole discretion. The Shares will be issued and sold for $10.00 per share with an aggregate purchase price of $100,000,000 or $110,000,000 if the Company elects to sell the additional 1,000,000 Shares. There shall be a minimum purchase by any one person of 10,000 Shares (except as otherwise indicated in the Confidential Private Placement Memorandum dated April 6, 2004 relating to the Offering (the “Offering Memorandum”)). Terms not defined herein shall have the same meaning as in the Offering Memorandum. In connection therewith, the Company hereby agrees with you, the Dealer Manager, as
ADVISORY AGREEMENTAdvisory Agreement • May 1st, 2006 • Cole Credit Property Trust Inc • Arizona
This ADVISORY AGREEMENT (this “Agreement”) is entered into on this the 6th day of April, 2004, by and between COLE CREDIT PROPERTY TRUST, INC., a Maryland corporation (the “Company”), and COLE REIT ADVISORS, LLC, a Delaware limited liability company (the “Advisor”).
ESCROW AGREEMENTEscrow Agreement • May 1st, 2006 • Cole Credit Property Trust Inc • Arizona
COLE CREDIT PROPERTY TRUST, INC., a Maryland corporation (the “Company”), will issue in a private offering (the “Offering”) shares of its common stock (the “Stock”). Cole Capital Corporation, an Arizona corporation (the “Dealer Manager”), will act as dealer manager for the offering of the Stock. The Company is entering into this agreement to set forth the terms on which Wells Fargo Bank, N.A. (the “Escrow Agent”), will hold and disburse the proceeds from subscriptions for the purchase of the Stock in the Offering until such time as the Company has received subscriptions for Stock resulting in total minimum capital raised of $2,500,000 (the “Required Capital”).
