0001507385-13-000004 Sample Contracts

CREDIT AGREEMENT
Credit Agreement • February 28th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

This CREDIT AGREEMENT (“Agreement”) is entered into as of February 14, 2013, among AMERICAN REALTY CAPITAL OPERATING PARTNERSHIP III, L.P., a Delaware limited partnership (“ARCOP”), AMERICAN REALTY CAPITAL TRUST III, INC., a Maryland corporation and the sole general partner of Borrower (“ARCT”), each Lender from time to time party hereto, WELLS FARGO BANK, NATIONAL ASSOCIATION (“Wells Fargo Bank”), as Administrative Agent (in such capacity, “Administrative Agent”), CAPITAL ONE, N.A. and JPMORGAN CHASE BANK, N.A., as Documentation Agents, and RBS CITIZENS, N.A. and REGIONS BANK, as Syndication Agents.

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INDEMNITY AGREEMENT
Indemnity Agreement • February 28th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

This INDEMNITY AGREEMENT (this “Agreement”) is made and entered into as of December 28, 2012, by ARC Real Estate Partners, LLC, a Delaware limited liability company (the “Indemnitor”), in favor of American Realty Capital Properties, Inc., a Maryland corporation (the “Company”).

FOURTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARC PROPERTIES OPERATING PARTNERSHIP, L.P.
Agreement • February 28th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts

This FOURTH AMENDMENT TO AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF ARC PROPERTIES OPERATING PARTNERSHIP, L.P. (this “Amendment”), is made as of December 28, 2012 by and among American Realty Capital Properties, Inc., a Maryland corporation (the “REIT”), in its capacity as the general partner (the “General Partner”) of ARC Properties Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Amended and Restated Agreement of Limited Partnership of the Partnership, dated as of September 6, 2011, as amended (the “Partnership Agreement”).

INDEMNITY AGREEMENT
Indemnity Agreement • February 28th, 2013 • American Realty Capital Properties, Inc. • Real estate investment trusts • New York

This INDEMNITY AGREEMENT (this “Agreement”) is made and entered into as of December 28, 2012, by and among the individuals set forth on the signature page attached hereto (each an “Indemnitor”), in favor of ARC Real Estate Partners, LLC, a Delaware limited liability company (the “Company”).

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