EX-10.2 4 v450517_ex10-2.htm AMENDMENT TO ARC LETTER AGREEMENT.

 

Exhibit 10.2

 

October 7, 2016

 

AR Capital Acquisition Corp.

405 Park Avenue, 14th Floor

New York, New York 10022

 

AR Capital, LLC

405 Park Avenue, 14th Floor

New York, New York 10022

 

Re: Termination Letter

 

Gentlemen:

 

Reference is made to that certain letter agreement dated as of October 1, 2014 (the “Insider Letter Agreement”), by and among AR Capital Acquisition Corp., a Delaware corporation (the “Company”), AR Capital, LLC, a Delaware limited liability company (“AR Capital”), Nicholas S. Schorsch, William M. Kahane, Nicholas Radesca and Yoav Wiegenfeld (collectively, the “Parties”).

 

Based on the due execution and delivery of (i) that certain transfer agreement dated as of September 16, 2016, by and among AR Capital, Axar Master Fund Ltd., a Cayman Islands exempted company (“Axar”), and the Company, as amended by the First Amendment to the Agreement, dated September 27, 2016, and (ii) that certain insider letter agreement dated as of even date herewith, by and between Axar and the Company, the Parties hereby agree that the Insider Letter Agreement is terminated effective as of the date hereof with respect to Nicholas S. Schorsch, William M. Kahane and Nicholas Radesca; provided however, that the Insider Letter Agreement shall remain in full force and effect with respect to Yoav Wiegenfeld.

 

[Signature Page Follows]

 

 

 

 

  Very truly, yours,
   
  AR CAPITAL ACQUISITION CORP.
     
  By: /s/ William Kahane
   

Name: William Kahane

Title: CEO

 

[Signature Page to Insider Letter Amendment]

 

 

 

 

ACKNOWLEDGED AND AGREED:

 

AR CAPITAL, LLC

 

By: /s/ Edward Michael Weil Jr  
  Name: Edward Michael Weil Jr  
  Title: CEO  
     
By: /s/ Nicholas S. Schorsch  
  Name: Nicholas S. Schorsch  

 

By:  /s/ William M. Kahane  
  Name: William M. Kahane  
     
By:  /s/ Nicholas Radesca  
  Name: Nicholas Radesca  

 

By:  /s/ Yoav Wiegenfeld  
  Name: Yoav Wiegenfeld  

 

[Signature Page to Insider Letter Amendment]