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InvenTrust Properties Corp.

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FY2013 Annual Report · InvenTrust Properties Corp.
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A N N U A L

2013

R E P O R T

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Inland American Real Estate Trust, Inc.  

TOTAL PORTFOLIO OF PROPERTY 
ASSETS: $10.1 BILLION*

27%

42%

15%

9%

7%

Lodging
•  $4.2 billion, 99 properties
•  19,337 rooms
•  Same-Store RevPAR growth of 5.3% in 2013 

Retail 
•  $2.7 billion
•  119 properties
•  17 million sq. ft.
•  91% same-store economic occupancy 

Held for Sale† 
•  $1.5 billion 

Non-core Properties
•  $1.0 billion
•  45 properties
•  7.3 million sq. ft. 

Student Housing
•  $0.7 billion
•  14 properties
•  8,290 beds
•  93% same-store economic occupancy

* Based on undepreciated (total investment in properties) asset values.

† As of December 31, 2013, the “Held for Sale” category contains the remaining properties 
from the net lease transaction announced in August, 2013. We expect to complete the 
closing of the net lease transaction in the first half of 2014.

Inland American Real Estate Trust, Inc.  

MAJOR 
MILESTONES 
January 2013 - March 2014

May 2013: 

August 2013: 

Announced a new credit facility in 
May, expanded in November ‘13
•  3-year, $300 million unsecured 
revolving line of credit facility
•  4-year, $200 million unsecured  

term loan

New $600 million joint venture with 
PGGM
•  One of the world’s largest and most 

respected pension funds

•  Inland American maintains a 

majority equity stake in the entity & 
control of venture

$460 million conventional apartment 
portfolio sale
•  Closed in August, sold above  

purchase price

$2.1 billion net lease transaction
•  Will provide approximately $900 

million in capital once the closings are 
completed

•  Use of the net proceeds include:

- Investing in high quality assets in our 
   3 targeted asset groups
- Paying down and reducing debt
- Share repurchase (tender offer)

To Our Stockholders:

We are pleased to report that 2013 was a successful and 
transformative year for Inland American. Through the 
thoughtful execution of our strategic initiatives, including 
more than $1.2 billion in acquisitions, we made meaningful 
progress on our stated plan to shift our diversified portfolio of 
assets toward the retail, lodging and student housing sectors. 
While executing this repositioning, we hit our performance 
targets for net operating income and funds from operations. 
Importantly, our three key asset classes are already delivering 
promising results, and we believe that we are poised to realize 
additional value as the economic recovery picks up pace.

Thanks to the strong performance of our portfolio, we 
continued to make regular distributions to our stockholders. 
Maintaining a sustainable annualized distribution rate has 
been a priority for our Board and management team, and 
will remain a core principle moving forward. Our portfolio 
of cash-generative assets, coupled with our leadership team’s 
extensive experience and unwavering focus on operational 
excellence, provide a solid foundation to support our 
distributions. 

Throughout 2013, our team pursued our strategy with 
dedication and intensity. We believe we have generated 
impressive results that reflect our commitment to creating 
value for stockholders.

Acquisition, Disposition and Tender Offer Liquidity

In 2013 we focused on cultivating our strong portfolio of 
retail, lodging and student housing properties, while shedding 
non-core assets to generate capital for reinvestment and 
liquidity for our stockholders. As part of this effort, we 
executed two large-scale, transformative transactions: the $460 
million sale of our apartment portfolio and the $2.1 billion 
sale of our net lease assets. 

We recorded a net profit on each portfolio sale based on the 
original purchase price of these assets. The two transactions 
provided us with approximately $1 billion to redeploy into 
our target asset classes and provided a liquidity option for our 
stockholders in the form of a tender offer.

When we announced the net lease transaction in August 
2013, we were confident that we would be able to allocate 
some of the proceeds to a liquidity opportunity for our 
stockholders. Consistent with that goal, we announced in 
March 2014 that our Board had approved the commencement 
of a $350 million modified “Dutch Auction” tender offer. 
The Board and management team believe this was the best 
course of action for all of our stockholders. Stockholders that 
wanted to maintain their position in Inland American could 
do so, and potentially benefit from the Company’s long-
term strategy, which we believe will produce improved cash 
performance and increase the value of our stock in the future. 
The tender offer also balanced the immediate liquidity need 
for some of our stockholders who were looking to sell some or 
all of their position in the Company.

The Board evaluated several alternatives and determined that 
a Dutch Auction tender offer provided management and 
the Board increased flexibility to allocate more funds to this 
share repurchase strategy than other options. For example, 
reinstating a general share repurchase program was an option 
the Board considered, but there are limits to the amount the 
Company can repurchase through such a program. Under 
existing law, repurchases under a general repurchase program 
may not, over any 12-month period, exceed more than 5% 
of our issued and outstanding shares at the beginning of the 
12-month period. No such limitation exists with a tender 
offer. In fact, we purchased over 6.6% of shares outstanding 
during the tender offer that expired on April, 25, 2014 at 5:00 
PM ET. Inland American accepted for purchase over 60.6 
million shares of stock at a purchase price of $6.50, for an 
aggregate total of approximately $394.3 million.

December 2013: 

February 2014: 

March 2014: 

2013 Acquisitions (as of 12/31/13) 
equal $1.2 billion
•  14 Lodging properties /  

3,303 Rooms

•  3 Student Housing properties / 

1,409 beds

•  4 Retail properties /  
483,753 square feet

Approved charter changes from 
stockholder votes
•  Provided the board flexibility to 
effectuate our long-term strategy

•  All of the proposed charter 

changes were affirmed with more 
than 471 million votes or 88% 
of the votes cast (approximately 
52% of the outstanding shares)

Announced Self-Management Agreements
•  Eliminates the quarterly advisory fee paid 

by the REIT to its business manager

•  A lower property management fee for 2014
•  No internalization or self-management fee 
in connection with the transition to self-
management

Announced $350 million modified “Dutch 
Auction” tender offer
•  The offer expired at 5:00 PM ET on  

April 25, 2014. Purchased $394.3 million in 
shares

 
Stone Ridge Market
San Antonio, Texas

Self-Management

In March 2014, we took the significant step of entering 
into agreements to become a self-managed REIT, meaning 
that the functions previously carried out by our business 
manager and property managers will be performed directly 
by employees of Inland American by the end of 2014. This 
is a major milestone for the Company that reflects our 
Board’s confidence in our personnel, expertise and growth 
prospects. Self-management will include several benefits for 
the stockholders:

the remainder of the property manager’s employees and 
functions by the end of 2014. Members of the executive 
team that were previously employed by the business 
manager on behalf of the REIT—including Thomas 
McGuinness, president, Jack Potts, treasurer and principal 
financial officer, Anna Fitzgerald, principal accounting 
officer and Scott Wilton, general counsel—have now 
become employees of the REIT, and will continue to lead 
the Company.

•  The elimination of the quarterly advisory fee paid by 

the REIT to its business manager;

•  A lower property management fee for 2014; and
•  No internalization or self-management fee in 

connection with the transition to self-management.

We have already brought all of the business manager’s 
employees and some of the property manager’s employees 
and functions in-house, and are on track to transition 

Given that we are still in the process of assessing various 
costs associated with the transition to self-management, 
it is difficult to forecast the exact per-share amount of 
the benefits we expect from this change. However, we do 
anticipate that self-management will positively impact our 
net income and funds from operations. 

2 | Inland American 2013 Annual Report

 
“We remain focused on steadfastly 
pursuing opportunities for value 
creation and long-term growth.” 

Inland American 2013 Annual Report | 3

Andaz San Diego
San Diego, California

Other Accomplishments and Highlights:

We ended 2013 with a portfolio of over $10 billion in
property assets. Our portfolio consists of 501 properties,
totaling 26 million square feet of retail, office and industrial
space, 8,290 student housing beds and 19,337 hotel rooms.
Funds from operations equaled $460 million, or $0.51
per share, while our annual distribution per share to our
stockholders was $0.50. Including distributions from 2013,
Inland American has declared distributions totaling
$2.8 billion to our stockholders since October 2005.

• Same-Store net operating income grew 2.2% over

2012 to $466 million, driven by the performance of the
lodging and student housing portfolios.
• We completed the acquisition of more than

$960 million of upper-upscale lodging assets, growing
this portion of our portfolio with best-in-class assets
while also selling off some non-core properties.

• We acquired three new student housing properties for
$160 million, with several other development projects
also currently underway.

• We launched a $600 million joint venture partnership
with Dutch pension fund PGGM in order to grow our
portfolio of multi-tenant retail properties through new
development in stable, growing regions, including Texas
and Oklahoma.

• We established a new $500 million credit facility,
providing us with additional capital to execute our
portfolio strategy.

In February 2014, with the help of our stockholders, the
Company took another step forward in the execution of
our long-term strategy. As you may recall, in 2013 the
Board of Directors reviewed our governing documents in
the context of our long-term strategy, and concluded that
our charter was unduly restrictive and might limit our
ability to execute some of our plans. We therefore proposed
certain amendments to our charter to provide the Company
with greater flexibility, and our stockholders approved the
proposed changes at our Annual Stockholders Meeting on
February 26, 2014.

 4 | Inland American 2013 Annual Report

“We completed the acquisition of more 
than $960 million of upper-upscale 
lodging assets, growing this portion of 
our portfolio with best-in-class assets...” 

Inland American 2013 Annual Report | 5

University House
Fayetteville, Arkansas

Portfolio Evolution 

We remain committed to our portfolio evolution and the 
continued refinement of our asset base. We made a lot of 
progress on our portfolio in 2013 and we plan to continue 
to execute our strategy in 2014. We previously said that 
one of our main goals would be to rotate out of the less 
attractive office and industrial market segments, and we 
executed toward that objective in 2013.  

We remain focused on steadfastly pursuing opportunities 
for value creation and long-term growth. We are confident 
that as the economic recovery accelerates, these asset classes 
will capture rent increases and future property appreciation, 
which will provide our stockholders with stock value 

appreciation and long-term distribution sustainability. 
In addition, by decreasing the number of asset classes in 
our portfolio, we believe we will be in a better position to 
execute on our multiple liquidity strategies in the future.

While focusing our portfolio concentration is an important 
component of our strategy, the diversity of our portfolio in 
our three targeted asset classes allows us to be both strategic 
and prudent buyers of real estate. We can move capital into 
one asset class or another as markets and cap rates shift. 
This diversity will allow our stockholders to benefit from 
changing as well as improving markets.

 6 | Inland American 2013 Annual Report

  
Portfolio Evolution by the 
Numbers (figures in millions)

This pie chart shows the activity within Inland 
American’s portfolio in 2013 and the tremendous 
amount of progress made on our long-term strategy 
to tailor our portfolio into the 3 asset classes of 
multi-tenant retail, lodging and student housing.

2013 Portfolio of Property Assets 
= $10.1 Billion

$1,200

($2,039)

  Same-Store 

  Properties in 2013 

  Acquisitions 

  Dispositions

Inland American 2013 Annual Report | 7

Lodging Portfolio

The fundamentals of our lodging assets have steadily improved year-over-year, and we see further upside 
as the sector continues to benefit from a strengthening global economy. Last year we acquired 14 luxury, 
upper-upscale and urban upscale properties in top-25 markets, including:

•  Kimpton’s Hotel Monaco collection for $189 million; 
•  The Hyatt Key West Resort and Spa for $76 million; 
•  The Hyatt Regency Santa Clara for $93 million; 
•  The Loews New Orleans Hotel for $74.5 million; and 
•  Two Westin hotels in Houston’s Galleria District for $220 million. 

As of year-end 2013, these acquisitions brought a total of 3,303 rooms to our premium lodging portfolio. 
In addition, we are off to a great start in 2014 with our recently announced acquisition of the Aston 
Waikiki Beach Hotel in Honolulu, HI, which further diversifies our portfolio and gives us a foothold in 
one of the top-performing hotel markets in the country. Going forward, we believe we are well-positioned 
to capture high-value demand in lodging and further capitalize on upward trends in the market.

Portfolio RevPAR

$160

$120

$80

$40

$0

$125

$90

$96

$133

$105

$143

2011

2012

2013

  RevPAR
  Average Daily Rate

Lodging Portfolio by Property Type by Number of Rooms

2013

2012

50%

40%

46%

54%

4%

6%

  Upper Upscale & Luxury
  Upscale
  Upper Midscale

Lodging Portfolio by Brand Comparison: 2012 – 2013 (by Number of Rooms)

7%

5%

27%

61%

2012 

  Marriott
  Hilton
  Hyatt
  Others

 8 | Inland American 2013 Annual Report

3% 2%

4%

5%

10%

23%

53%

2013 

  Marriott
  Hilton
  Hyatt
  Starwood
  Kimpton
  Fairmont
  Others

Andaz Napa
Napa, California

Inland American 2013 Annual Report | 9

University House
Tempe, Arizona

Student Housing Portfolio

Student Housing Rent per Bed*

With respect to student housing, we intend to grow both 
through acquisitions and by opening new properties at 
top-tier schools. In 2013 we expanded our student housing 
portfolio from $421 million to $710 million, bringing 
us closer to our goal of doubling or tripling the size of 
this segment of our portfolio. In 2013 we announced the 
acquisition of two brand new, purpose-built student housing 
properties at Arizona State University and the University 
of Arkansas for a combined total of approximately $145 
million, as well as the purchase of a fully developed property 
on the campus of Texas Christian University in Fort Worth, 
TX. Plans are also underway to construct student housing 
developments near UNC Charlotte and Georgia Tech 
University. We are looking forward to pursuing additional 
opportunities to purchase or break ground in this asset class 
in 2014.

$740

$720

$700

$680

$660

$640

$620

$724

$655

$670

2011

2012

2013

* The increase in the rent per bed has led to the increase of net operating income 
for this segment.

 10 | Inland American 2013 Annual Report

Stone Ridge Market
San Antonio, Texas

Retail Portfolio

In retail, we continue to enhance our position with high-
quality multi-tenant assets, which provide our portfolio with 
a robust and stable foundation. In 2013 we acquired four 
new necessity-based retail properties with a total of 483,753 
square feet. We are confident that there are many additional 
opportunities for us to apply our solid track record of 
building and managing properties to this space, particularly 
as national and regional retailers continue to place a 
premium on retail space in leading markets given ongoing 
low supply growth.

Portfolio Snapshot

Gross Leasable Area

  Necessity-Based
  Non Necessity

23%

77%

Gross Leasable Area
by Geography

  Southwest
  South Atlantic
  Midwest
  West
  Northeast

4%

8%

14%

38%

36%

Inland American 2013 Annual Report | 11

Confidence in Our Long-Term Strategic Plan  

In 2013 we acquired $1.2 billion in assets (most occurring in the 3rd and 4th quarters 
of the year) which have already produced over $34 million of NOI for the Company. 
We expect the growth in our portfolio in 2014 to be driven by these new lodging and 
student housing properties. 

Regardless of the pace of the economic recovery, our Board and management team 
have no intention of waiting around for markets to gradually strengthen. We are taking 
the initiative to acquire and develop properties under attractive borrowing and pricing 
conditions, with the goal of continuing to refine our portfolio in our three core asset 
groups. We are optimistic that we will maintain our high occupancy levels and we 
expect slightly higher rent levels across our asset classes and markets in 2014.

The success of our strategy to date gives us confidence that we will remain well-
positioned regardless of how economic circumstances develop. Our overall cash flow 
and operating performance continue to improve, and we expect the cost advantages of 
self-management to help us realize additional benefits from an earnings perspective. 
Our debt maturities and capital structure are stable, providing us with the flexibility 
to execute our business strategies successfully. We are committed to making additional 
investments in our business while maintaining our annualized distribution rate of $0.50 
per share. 

As we move forward with our plans for 2014, we will continue our practice of frequent 
communications to our stockholders and the investment community. On behalf of 
the Board of Directors, the senior management team and the employees of Inland 
American, I want to thank you for your continued support of the Company. We are 
working hard on your behalf to realize the value of our asset base, and we look forward 
to sharing the results of our progress with you in the future.

Sincerely,

Robert D. Parks
Chairman of the Board

Thomas P. McGuinness
President

 12 | Inland American 2013 Annual Report

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 10-K

ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

FOR THE FISCAL YEAR ENDED DECEMBER 31, 2013

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934

FOR THE TRANSITION PERIOD FROM            TO          

COMMISSION FILE NUMBER: 000-51609

Inland American Real Estate Trust, Inc.
(Exact name of registrant as specified in its charter)

Maryland
(State or other jurisdiction of
incorporation or organization)

2901 Butterfield Road, Oak Brook, Illinois
(Address of principal executive offices)

34-2019608
(I.R.S. Employer
Identification No.)

60523
(Zip Code)

630-218-8000
(Registrant’s telephone number, including area code)
Securities registered pursuant to Section 12(b) of the Act:
None
Securities registered pursuant to Section 12(g) of the Act:
Common stock, $0.001 par value per share
(Title of Class)

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.    Yes  

    No  

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.    Yes  

    No  

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange 
Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been 
subject to the filing requirements for the past 90 days.    Yes  

    No  

Indicate by check mark whether the Registrant has submitted electronically and posted on its corporate website, if any, every Interactive Data 
File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months 
(or for such shorter period that the registrant was required to submit and post such files).    Yes  

   No  

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be 
contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this 
Form 10-K or any amendment to this Form 10-K.  

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting 
company. (See definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange 
Act).

Large accelerated filer

Non-accelerated filer

Accelerated filer

Smaller reporting company

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).    Yes  

    No  

There is no established market for the registrant’s shares of common stock. The aggregate market value of the registrant’s common stock held 
by non-affiliates of the registrant as of June 30, 2013 (the last business day of the registrant’s most recently completed second quarter) was 
approximately $6,210,793,798, based on the estimated per share value of $6.93, as established by the registrant on December 19, 2012.

As of March 11, 2014, there were 915,257,302 shares of the registrant’s common stock outstanding.
The registrant incorporates by reference portions of its Definitive Proxy Statement for the 2014 Annual Meeting of Stockholders, which is 
expected to be filed no later than April 30, 2014, into Part III of this Form 10-K to the extent stated herein.

 
 
 
 
 
 
  
  
INLAND AMERICAN REAL ESTATE TRUST, INC.

TABLE OF CONTENTS

Item 1.

Business

Item 1A.

Risk Factors

Item 1B.

Unresolved Staff Comments

Item 2.

Item 3.

Item 4.

Properties

Legal Proceedings

Mine Safety Disclosures

Part I

Part II

Item 5.

Item 6.
Item 7.
Item 7A.

Item 8.
Item 9.
Item 9A.
Item 9B.

Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity 
Securities
Selected Financial Data
Management’s Discussion and Analysis of Financial Condition and Results of Operations

Quantitative and Qualitative Disclosures About Market Risk
Consolidated Financial Statements and Supplementary Data
Changes in and Disagreements with Accountants on Accounting and Financial Disclosure
Controls and Procedures
Other Information

Item 10.
Item 11.
Item 12.
Item 13.
Item 14.

Part III
Directors, Executive Officers and Corporate Governance
Executive Compensation
Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters
Certain Relationships and Related Transactions, and Director Independence
Principal Accounting Fees and Services

Item 15.

Exhibits and Financial Statement Schedules

Signatures

Part IV

Page

1

6

31

32

37

37

38
41
44

68
70
165
165
165

165
165
166
166
166

166

167

This Annual Report on Form 10-K includes references to certain trademarks. Courtyard by Marriott®, Marriott®, Marriott 
Suites®, Residence Inn by Marriott® and SpringHill Suites by Marriott® trademarks are the property of Marriott International, 
Inc. (“Marriott”) or one of its affiliates. Doubletree®, Embassy Suites®, Hampton Inn®, Hilton Garden Inn®, Hilton Hotels® and 
Homewood Suites by Hilton® trademarks are the property of Hilton Hotels Corporation (“Hilton”) or one or more of its 
affiliates. Hyatt Place® and Andaz trademarks are the property of Hyatt Corporation (“Hyatt”). Intercontinental Hotels ® 
trademark is the property of IHG.  Fairmont Hotels and Resorts is a trademark. The Aloft service name and the Westin service 
name are the property of Starwood Hotels and Resorts Worldwide, Inc. For convenience, the applicable trademark or service 
mark symbol has been omitted but will be deemed to be included wherever the above-referenced terms are used.

 
 
 
 
PART I

Item 1. Business

General

References to "we", "our", "us", and "the Company" are references to Inland American Real Estate Trust, Inc. and our business 
and operations conducted through our directly or indirectly owned subsidiaries.  

Inland American Real Estate Trust, Inc. owns, manages, acquires and develops a diversified portfolio of commercial real estate 
located throughout the United States.   In addition, we own assets and properties in development through various joint ventures 
with various controlling and noncontrolling interests, as well as investments in marketable securities and other assets.  We were 
incorporated in October 2004 as a Maryland corporation and have elected to be taxed, and currently qualify, as a real estate 
investment trust (“REIT”) for federal tax purposes.   

Our strategic focus has been to realign our diversified portfolio in three specific asset classes - retail, lodging and student 
housing.  As of December 31, 2013, our portfolio was comprised of 277 properties representing 17.0 million square feet of 
retail space, 19,337 hotel rooms,  8,290 student housing beds and and 7.3 million square feet of non-core space, which consists 
primarily of office and industrial properties.   

Strategy and Objectives

Our objective is to deliver financially rewarding results to our stockholders through thoughtful capital rotation and investment.  
We intend to achieve this objective by continuing to execute on our portfolio strategy, focusing our diversified assets in three 
specific real estate asset classes - retail, lodging and student housing.  We believe this strategy presents the best opportunity to 
capitalize on current market trends in commercial real estate and realize income growth in these sectors.  

A component of our strategy is to improve the overall quality of our retail, lodging and student housing segments for long-term 
growth through selective asset acquisition and sales.  We continue to use our expertise to capitalize on opportunities in the real 
estate industry. We believe our ability to identify and react to investment opportunities is one of our biggest strengths.  This 
strategy will take time as we dispose of less strategic assets and rotate capital into our targeted segments.  Our focus has been, 
and will continue to be, maximizing stockholder value over the long-term.   

From time to time, as part of our long-term corporate goal of enhancing stockholder value, we have explored, and will continue 
to explore, potential strategic transactions including acquisitions and divestitures as well as ways to create liquidity for our 
stockholders.  As previously disclosed by us, these potential strategic transactions may take many forms, including listing our 
shares on a national securities exchange, a spin-off of an entity owning one of our property segments, an initial public offering 
or listing of this entity on a national securities exchange, a merger with another existing REIT, or the sale of all, or substantially 
all, of one or more of our property segments.  We currently have no definitive plan or proposal to conduct any specific strategic 
transaction.  We may decide to engage in one or more such transactions in the future, if, among other things, our board 
determines that any such transactions are in the best interest of the Company and market conditions are favorable.  

During the execution of our strategy, we will focus on maintaining a stable income stream to provide a sustainable monthly 
distribution to our stockholders.  

Our three objectives in the execution of our strategy are:

• 

Sustaining a monthly stockholder distribution while maintaining capital preservation

•  Tailoring our portfolio to lodging, student housing and multi-tenant retail by expanding and enhancing these portfolios

• 

Positioning for the potential for multiple liquidity events by segment type

2013 Highlights

Distributions

We paid a monthly cash distribution to our stockholders which totaled in the aggregate $449.3 million for the year ended 
December 31, 2013, which was equal to $0.50 per share for 2013, assuming that a share was outstanding the entire year. The 
distributions paid for the year ended December 31, 2013 were funded from cash flow from operations, distributions from 
unconsolidated joint ventures and gains on sale of properties.

1

Investing Activities

Our acquisition and disposition activities highlight our move to divest of non-strategic assets and redeploy the capital into our 
long-term strategic segments: retail, lodging and student housing.  We acquired fourteen lodging properties totaling 3,303 
rooms for $963.3 million.  We acquired three student housing properties consisting of 1,409 beds for $161.1 million.  In 
addition, we acquired four retail properties consisting of 483,753 square feet for $92.3 million.   As part of our strategy to 
realign our asset segments, we sold 313 properties for a gross disposition price of $2.0 billion, including 259 bank branches, 48 
non-core properties, three multi-tenant retail properties, and three hotels.  Additionally, we contributed 14 retail properties, 
including one of the properties we acquired this year, to the IAGM Retail Fund I, LLC joint venture for a gross disposition 
price of $443.7 million.

On August 8, 2013, we entered into a purchase agreement to sell our net lease assets, consisting of 294 retail, office, and 
industrial properties in a transaction valued at approximately $2.3 billion, including the assumption of approximately $795.3 
million of debt and repayment by us of approximately $360.9 million of debt.  In accordance with the terms of the purchase 
agreement, the buyer elected to “kick-out” of the transaction 13 properties valued at approximately $180.1 million.  Excluding 
the “kicked out” properties, the transaction is valued at approximately $2.1 billion.  As of December 31, 2013, we closed on the 
first two tranches of the net lease portfolio consisting of 57 properties for a disposition price of $669.7 million.  The remaining 
224 properties are expected to be sold at a gain through multiple closings during the first half of 2014.  We have classified the 
remaining properties as held for sale on the consolidated balance sheet as of December 31, 2013 and consequently the 
operations are reflected as discontinued operations on the consolidated statements of operations and other comprehensive 
income for the years ended December 31, 2013, 2012 and 2011.  On January 8, 2014, February 21, 2014, and March 10, 2014 
we closed on three more tranches of the net lease portfolio consisting of 30, 28, and 151 properties for a disposition price of 
$55.3, $451.9, and $278.6 million, respectively.

Financing Activities

We obtained a senior unsecured credit facility consisting of a $300 million senior unsecured revolving line of credit and a $200 
million unsecured term loan.  The credit facility requires monthly interest-only payments at a rate of LIBOR plus a margin 
ranging from 1.60% to 2.45% on the outstanding balance of the revolver depending on leverage levels, and at a rate of LIBOR 
plus a margin ranging from 1.50% to 2.45% on the outstanding balance of the term loan depending on leverage levels.  As of 
December 31, 2013, we had $299.8 million available under the revolving line of credit and had borrowed the full amount of the 
term loan.  As of December 31, 2013, the interest rates of the revolving line of credit and unsecured term loan were 1.60% and 
1.67% per annum, respectively.  The facility will assist us in bridging the proceeds from disposing of non-strategic assets and 
acquiring retail, lodging and student housing assets.

We successfully refinanced or paid off our 2013 maturities of approximately $882.9 million and placed debt of approximately 
$700.8 million on new and existing properties. We were able to obtain favorable rates while still maintaining what we believe is 
a manageable debt maturity schedule for future years. As of December 31, 2013, we had mortgage debt of approximately $4.7 
billion  and have a weighted average interest rate of 5.09% per annum.  Our mortgage debt maturities for 2014 are $418.5 
million with a weighted average interest rate of 3.94%.

Operating Results

We experienced an increase in our net operating income due to organic growth in our lodging and student housing segments as 
our same store net operating income results increased 6.8% and 5.5%, respectively, for the year ended December 31, 2013 
compared to 2012.  These increases are due to higher occupancy and RevPAR increases in the lodging segment and rental rate 
increases in our student housing segment.  Our retail segments remained unchanged, exhibiting stable occupancy and 
contractual rental rates. Our non-core segment was slightly down as a result of re-leasing vacant space at decreased rental rates. 

We also experienced an increase over the prior year in our total net operating income of 28.3% and 78.8% in the lodging and 
student housing segments, respectively.  The addition of 21 lodging and 8 student housing properties (including properties fully 
placed in service from construction in progress) since January 1, 2012 contributed $76.3 million and $20.1 million, 
respectively, of net operating income for the year ended December 31, 2013.

2

The following table represents our same store net operating income for the years ended December 31, 2013 and 2012.  Same 
store properties are properties we have owned and operated for the same period during each year.  Net operating income is 
calculated in Item 7 and reconciled to U.S. generally accepted accounting principles ("GAAP") net income in Item 8, Note 13 
of this Annual Report on Form 10-K.

2013 
Net Operating 
Income

2012
Net Operating 
Income

Retail
Lodging
Student Housing
Non-core

$

$

179,802
195,964
15,342
74,719
465,827

$

$

180,658
183,465
14,543
77,127
455,793

Increase
(Decrease)
$

(856)
12,499
799
(2,408)
10,034

$

Increase
(Decrease)

2013 
Average Economic
Occupancy (a)

2012 
Average Economic
Occupancy (a)

(0.5)%
6.8 %
5.5 %
(3.1)%
2.2 %

91%
73%
93%
89%

92%
73%
91%
90%

(a)  Economic occupancy is defined as the percentage of total gross leasable area for which a tenant is obligated to pay rent 
under the terms of its lease agreement, regardless of the actual use or occupation by that tenant of the area being leased.  

In 2014, we expect similar increases in operating results compared to 2013 in our lodging and student housing portfolios due to 
the growth projected in these segments. As occupancy rates increase close to peak levels in lodging and student housing, the 
ability to increase rooms rates and rental rates, respectively, will help grow our revenue for each segment in 2014.  We believe 
that our stable occupancy in our retail portfolio will result in consistent operating performance in 2014.  In addition, we expect 
to see similar or slightly decreased operating performance in our non-core portfolio in 2014.

Segment Data

Our business segments are retail, lodging, student housing and non-core. We evaluate segment performance primarily based on 
net operating income. Net operating income of the segments does not include interest expense, depreciation and amortization, 
general and administrative expenses, net income of noncontrolling interest and other investment income from corporate 
investments. The non-segmented assets consist of our cash and cash equivalents, investment in marketable securities, 
construction in progress, investment in unconsolidated entities and notes receivable.  Information related to our business 
segments, including a measure of profits or loss and revenues from external customers for each of the last three fiscal years and 
total assets for each of the last two fiscal years, is set forth in Note 13 to our consolidated financial statements in Item 8 of this 
Annual Report on Form 10-K.

Significant Tenants

For the year ended December 31, 2013, we generated approximately 9% of our rental revenue (excluding lodging and student 
housing) from continuing operations from two properties leased to one tenant, AT&T, Inc.  We also own a third property that is 
leased to AT&T, Inc., but the property is classified as held for sale as of  December 31, 2013.

Tax Status

We have elected to be taxed as a REIT under Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the 
“Code”), beginning with the tax year ended December 31, 2005. Because we qualify for taxation as a REIT, we generally will 
not be subject to federal income tax on taxable income that we distribute to our stockholders. If we fail to qualify as a REIT in 
any taxable year, without the benefit of certain relief provisions, we will be subject to federal and state income tax on our 
taxable income at regular corporate rates. Even if we qualify for taxation as a REIT, we may be subject to certain state and local 
taxes on our income, property or net worth, respectively, and to federal income and excise taxes on our undistributed income.

Competition

The commercial real estate market is highly competitive. We compete for tenants in all of our markets with other owners and 
operators of commercial properties. We compete based on a number of factors that include location, rental rates, security, 
suitability of the property’s design to tenants’ needs and the manner in which the property is operated and marketed. The 
number of competing properties in a particular market could have a material effect on a property’s occupancy levels, rental 
rates and operating income.

We compete with many third parties engaged in real estate investment activities including other REITs, other REITs sponsored 
by our sponsor, specialty finance companies, savings and loan associations, banks, mortgage bankers, insurance companies, 
mutual funds, institutional investors, investment banking firms, lenders, hedge funds, governmental bodies and other entities. 

3

There are also other REITs with investment objectives similar to ours and others may be organized in the future. In addition, 
these same entities seek financing through the same channels that we do. Therefore, we compete for funding in a market where 
funds for real estate investment may decrease, or grow less than the underlying demand.

Employees

As of December 31, 2013, we have 201 full-time individuals employed by our student housing subsidiaries.

As of December 31, 2013, we had entered into a business management agreement with Inland American Business Manager & 
Advisor, Inc. pursuant to which it served as our business manager, with responsibility for overseeing and managing our day-to-
day operations. We had also entered into property management agreements with each of our property managers. We had paid 
fees to our business manager and our property managers in consideration for the services they perform for us pursuant to these 
agreements.  Except as noted below, we had also reimbursed these entities for the expenses they incur in performing services 
for us including the compensation expenses for persons providing services to us.

As of December 31, 2013, we did not employ our executive officers and they did not receive any compensation from us for 
their services as such officers. Our executive officers were officers of one or more of The Inland Group, Inc.’s affiliated 
entities, including our business manager, and were compensated by these entities, in part, for their services rendered to us.  We 
did not reimburse the business manager for any compensation paid to persons serving as one of our executive officers or as an 
executive officer of the business manager or property managers.

Subsequently, on March 12, 2014, we began the process of becoming fully self-managed by terminating our business 
management agreement, hiring all of our business manager’s employees, and acquiring the assets of our business manager 
necessary to perform the functions previously performed by the business manager.  As a first step towards internalizing our 
property managers, we hired certain of their employees; assumed responsibility for performing certain significant property 
management functions; and amended our property management agreements to reduce our property management fees as a result 
of our assumption of such responsibilities.  As the second step, on December 31, 2014, we expect to terminate our property 
management agreements, hire the remaining property manager employees and acquire the assets necessary to conduct the 
remaining functions performed by our property managers.  As a consequence, beginning January 1, 2015, we expect to become 
fully self-managed.  We will not pay an internalization fee or self-management fee in connection with these self-management 
transactions.  These self-management transactions immediately eliminate the management and advisory fees paid to the 
business manager and at the end of 2014, we expect to eliminate the fees paid to our property managers when we terminate the 
property management agreements.  As part of the self-management transactions, we agreed to reimburse our business manager 
and property managers for certain transaction and employee related expenses and directly retain affiliates of The Inland Group, 
Inc. for IT services, customer service and certain back-office services that were provided to us and managed by our business 
manager prior to the termination of the business management agreement. 

Conflicts of Interest

Our governing documents require a majority of our directors to be independent. Further, any transactions between The Inland 
Group, Inc. or its affiliates, including our business manager and property managers, and us must be approved by a majority of 
our independent directors.

Environmental Matters

Compliance with federal, state and local environmental laws has not had a material adverse effect on our business, assets, or 
results of operations, financial condition and ability to pay distributions, and we do not believe that our existing portfolio will 
require us to incur material expenditures to comply with these laws and regulations. However, we cannot predict the impact of 
unforeseen environmental contingencies or new or changed laws or regulations on our properties.

Seasonality

The lodging segment is seasonal in nature, reflecting higher revenue and operating income during the second and third quarters. 
This seasonality can be expected to cause fluctuations in our net operating income for the lodging segment. None of our other 
segments are seasonal in nature.

4

Access to Company Information

We electronically file our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and 
all amendments to those reports with the Securities and Exchange Commission (“SEC”). The public may read and copy any of 
the reports that are filed with the SEC at the SEC’s Public Reference Room at 100 F Street, NE, Washington, DC 20549. The 
public may obtain information on the operation of the Public Reference Room by calling the SEC at (800)-SEC-0330. The SEC 
maintains an Internet site at www.sec.gov that contains reports, proxy and information statements and other information 
regarding issuers that file electronically.

We make available, free of charge, by responding to requests addressed to our customer relations group, the Annual Report on 
Form 10-K, Quarterly Reports on Form 10-Q, Current Reports on Form 8-K and all amendments to those reports on our 
website, www.inland-american.com. These reports are available as soon as reasonably practicable after such material is 
electronically filed or furnished to the SEC.

Certifications

We have filed with the Securities and Exchange Commission the principal executive officer and principal financial officer 
certifications required pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, which are attached as Exhibits 31.1 and 31.2 
to this Annual Report on Form 10-K.

5

Item 1A.  Risk Factors

The occurrence of any of the risks discussed below could have a material adverse effect on our business, financial condition, 
results of operations and ability to pay distributions to our stockholders.

Risks Related to Our Business

 Disruptions in the financial markets or economic conditions could adversely affect our ability to refinance or secure additional 
debt financing at attractive terms.

Credit markets are subject to rapid changes from macro economic factors, including rising interest rates, perceptions of the 
overall health in the US economy and real estate in particular, and regulatory environment in which we, our lenders and tenants 
operate.  

In addition, disruptions in the financial markets or economic conditions may negatively impact commercial real estate 
fundamentals which could have various negative impacts on the value of our investments including:

• 
• 

a decrease in the values of our investments in commercial properties, below the amounts paid for these investments; or
a decrease in revenues from our properties, due to lower occupancy and rental rates, which may make it more difficult 
for us to pay distributions or meet our debt service obligations on debt financing.

Our ongoing strategy depends, in part, upon future acquisitions, and we may not be successful in identifying and 
consummating these transactions.

Our long-term business strategic plan is to refine our diversified portfolio of assets and to focus on the retail, lodging, and 
student housing sectors.  As we continue to execute on this strategy, we plan to rotate capital out of our other asset classes - 
such as multi-family, office and industrial - to invest in, enhance and expand our strategic holdings in the retail, lodging, and 
student housing sectors.  There is no assurance we will be able to sell assets at acceptable prices or identify suitable 
replacement assets on satisfactory terms, if at all.  We may also face delays in reinvesting net sales proceeds in new assets 
which would impact the return we earn on our assets.

We face significant competition for attractive investment opportunities from an indeterminate number of other real estate 
investors, including investors with significant capital resources such as domestic and foreign corporations and financial 
institutions, publicly-traded and privately-held REITs, private institutional investment funds, investment banking firms, life 
insurance companies and pension funds. As a result of competition, we may be unable to acquire additional properties as we 
desire or the purchase price may be significantly elevated.

In light of current market conditions and real estate values, we may face significant competition to acquire stabilized properties, 
or have to accept lease-up risk associated with properties that have lower occupancy. As market conditions and real estate 
values recover, more properties may become available for acquisition, but we can provide no assurances that these properties 
will meet our investment objectives or that we will be successful in acquiring these properties. If we are unable to acquire 
sufficient debt financing at suitable rates or at all, we may be unable to acquire as many additional properties as we anticipate.

Our ongoing strategy involves the selling of properties; however, we may be unable to sell a property at acceptable terms and 
conditions, if at all.

As we execute on our long-term strategy we will rotate capital out of certain asset classes, such as multi-family, office and 
industrial to reinvest into retail, lodging or student housing.   Besides executing on our strategy,  it may make economic sense 
to sell properties in any asset class when we believe the value of the leases in place at a property will significantly decline over 
the remaining lease term, or where we conclude that the property has limited or no equity value with a near-term debt maturity, 
or when a property has equity but the projected returns do not justify further investment, or when the equity in a property can 
be redeployed in the portfolio in order to achieve better returns or strategic goals. As we engage to sell these properties, general 
economic conditions along with property specific issues, such as vacancies, lease terminations and debt defeasance, may 
negatively affect the value of our properties and therefore reducing our return on the investment or preventing us from selling 
the property on acceptable terms. Real estate investments often cannot be sold quickly. As a result, economic conditions may 
prevent potential purchasers from obtaining financing on acceptable terms, if at all, thereby delaying or preventing our ability 
to sell our properties.

6

We may not be successful in identifying, executing and completing strategic alternatives, including liquidity events, with 
respect to any asset segment or in providing liquidity options to our stockholders.  

Our long-term business strategic plan is to refine our diversified portfolio of assets and to focus on the retail, lodging, and 
student housing sectors.  One of our objectives in connection with this plan is to explore various strategic alternatives, position 
the Company for possible multiple liquidity events by segment and provide liquidity options for our stockholders, such as sales, 
mergers, spin-offs, initial public offerings, listing or other capital markets or merger and acquisition transactions.  The 
execution and consummation as well as the timing of any such transactions are subject to a number of known and unknown 
risks that are difficult to predict and many of which are out of our control.  Among the factors that could impact our ability to 
successfully identify, execute and complete such transactions and provide liquidity options for our stockholders are:

•  macro economic factors;
• 
• 
• 

economic, financial and investment conditions;
the state of the equity and debt capital markets;
the state of the retail, lodging and student housing industries and where in the “cycle” the relevant industry is 
at the time the Company is in a position to effectuate a strategic transaction;
changes or increases in interest rates and availability of financing;
competition;
the need and our ability to effectuate internal restructuring transactions in order to allow the Company to 
execute on and complete one or more strategic alternatives;
our ability to obtain required lender and other third party consents and the timing of such consents;
refinancing considerations;
the existence of interested buyers and potential merger candidates;
tax considerations; and
the existence of pending or threatened legal or regulatory proceedings against the Company.  

• 
• 
• 

• 
• 
• 
• 
• 

Accordingly, we cannot assure you that we will be able to identify strategic opportunities or successfully execute and complete 
transactions on commercially reasonable terms or at all.  Similarly, we cannot assure you that we will actually realize any 
anticipated benefits from such transactions, including that the consummation of any such strategic alternatives will result in our 
ability to provide liquidity options to our stockholders.  Additionally, even if the Company is successful in executing and 
completing a transaction with respect to one or more of its asset segments, the Company may determine that it is in the best 
interests of the Company and its stockholders to reinvest any net proceeds resulting from such strategic transaction(s) in one or 
more of the Company’s core strategic segments. Furthermore, the pursuit of such strategic alternatives could demand 
significant time and attention from management and divert management’s attention from focusing on our core strategic 
holdings and business plan, which could harm our business.    

We are subject to many risks in the process of becoming a self-managed company, and the transition may not prove 
successful.

On March 12, 2014, we entered into a series of agreements, and amendments to existing agreements, with our business 
manager and property managers, under which we have begun the process of becoming fully self-managed, which we refer to as 
the self-management transactions.  As a result of the self-management transactions and related agreements, we terminated our 
business management agreement, hired all of the business manager’s employees and acquired the assets necessary to conduct 
the functions previously performed by our business manager.  In addition, we hired certain employees of our property 
managers; assumed certain property manager functions, including property-level accounting, lease administration, leasing, 
marketing and construction functions; and amended our property management agreements to reduce our property management 
fees as a result of our assumption of such responsibilities.  We also have now agreed to directly retain certain affiliates of the 
business manager to provide us with information technology services, investor services and other back-office services that were 
provided to us through our business manager and managed by our business manager prior to the termination of the business 
management agreement.  On December 31, 2014, subject to the satisfaction of certain closing conditions, we have agreed to 
hire our property managers’ remaining employees and acquire the assets necessary to conduct the functions previously 
performed by our property manager.  As a result of such closing conditions, there can be no assurance that the remaining self-
management transactions with our property managers will be completed.  If they are not completed, we could be forced to 
extend the property management agreements, retain new property managers or build our own property management functions, 
which could result in significant disruption to our business and result in substantial additional costs.    

In transitioning to self-management, we could have difficulty integrating business management and property management 
services into a stand-alone entity and will bear risks to which we have not historically been exposed.  An inability to manage 
the transition to self-management effectively could, therefore, result in our incurring additional costs or experiencing other 

7

problems. There may also be unforeseen costs, expenses and difficulties associated with self-providing the services previously 
provided by our business manager and property managers.  Such difficulties could cause us to incur additional costs, and our 
management's attention could be diverted from most effectively managing our business and properties.

Effective February 1, 2014, we no longer pay fees to our business manager and beginning January 1, 2015, we expect not to 
pay fees to our property managers.  However, our direct expenses will increase.  We will be responsible for paying the salaries 
and benefits (including employee benefit plan costs) of all of our employees as well as costs associated with legal, accounting, 
general office and other services.  We will also be subject to potential liabilities that are commonly faced by employers, such as 
workers’ disability and compensation claims, potential labor disputes and other employee related grievances.  We may also 
issue equity awards to officers and employees which would decrease our net income and funds from operations and may further 
dilute your investment.  Furthermore, there may be unforeseen costs, expenses and difficulties associated with providing 
services previously provided by our business manager and property managers.  As a consequence, we cannot be certain that the 
transition to self-management will improve our financial performance. 

Under the agreements related to the self-management transactions, the business manager has retained, and the property 
managers will retain, liability for, and will indemnify and hold us harmless against liabilities of, their pre-closing operations.  In 
addition, the business manager and property managers are obligated to indemnify us for breaches of representations and 
warranties and violations of covenants contained in such agreements.  If the business manager or property managers do not 
satisfy such obligations, or do not comply with their indemnity obligations, we could incur significant additional costs.  The 
business manager’s and property managers’ obligations, including their indemnity obligations, are guaranteed by an indirect 
wholly owned subsidiary of The Inland Group, Inc.  Such guarantee includes certain guarantor covenants, including 
maintaining minimum net assets of $15,000,000.  The guarantor’s primary assets are marketable securities, the value of which 
is subject to market fluctuations.  There can be no assurance that the guarantor will comply with its financial covenants or that 
sufficient assets will be available to pay amounts owed to us under the guarantee.  Consequently, we could incur substantial 
costs if the guarantor fails to meet its obligations under the guarantee.  In addition, we will continue to rely on our property 
managers and affiliates of our business manager to provide us with services that are important to our business.  If the property 
managers or the business manager affiliates are unwilling or unable to provide such services as required under the applicable 
agreements, then disruptions to our business may occur, and we may incur substantial additional costs.

If we lose or are unable to obtain key personnel, our ability to implement our business strategies could be delayed or 
hindered.

Our ability to achieve our objectives depends, to a significant degree, upon the continued contributions of our executive officers 
and our other key personnel.  We do not have employment agreements with these persons and do not separately maintain “key 
person” life insurance that would provide us with proceeds in the event of death or disability of these persons. We believe that 
our future success depends, in large part, on our ability to retain and hire highly-skilled managerial and operating personnel.  
Competition for persons with managerial and operational skills is intense, and we cannot assure you that we will be successful 
in retaining or attracting skilled personnel.  If we lose or are unable to obtain the services of our executive officers and other 
key personnel, or do not establish or maintain the necessary strategic relationships, our ability to implement our business 
strategy could be delayed or hindered.

We are the subject of an ongoing investigation by the SEC and have received related derivative demands by stockholders to 
conduct investigations. The SEC's investigation, the derivative demands, or both could have a material adverse impact on 
our business.

We have learned that the SEC is conducting a non-public, formal, fact-finding investigation (the “SEC Investigation”) to determine 
whether there have been violations of certain provisions of the federal securities laws related to the business management fees, 
property management fees, transactions with affiliates, timing and amount of distributions paid to investors, determination of 
property impairments, and any decision regarding whether the Company might become a self-administered REIT.

We have also received related demands (“Derivative Demands”) by stockholders to conduct investigations regarding claims 
that our officers, our board of directors, our former business manager, and the affiliates of our former business manager (the 
“Inland American Parties”) breached their fiduciary duties to us in connection with the matters that we disclosed are subject to 
the SEC Investigation.  The first Derivative Demand claims that the Inland American Parties (i) falsely reported the value of 
our common stock until September 2010; (ii) caused us to purchase shares of our common stock from stockholders at prices in 
excess of their value; and (iii) disguised returns of capital paid to stockholders as REIT income resulting in the payment of fees 
to our former business manager for which it was not entitled.  The three stockholders in that demand contend that legal 
proceedings should seek recovery of damages in an unspecified amount allegedly sustained by us. The second Derivative 
Demand by another shareholder makes similar claims and further alleges that the Inland American Parties (i) caused us to 

8

engage in transactions that unduly favored related parties, (ii) falsely disclosed the timing and amount of distributions, and (iii) 
falsely disclosed whether we might become a self-administered REIT.  A special litigation committee has been formed by our 
board of directors to investigate the matters related to the Investigation and the Derivative Demands.  We also received a letter 
from another stockholder that fully adopts and joins in the first Derivative Demand, but makes no additional demands on us to 
perform investigation or pursue claims.

Upon receiving the first of the Derivative Demands, the full board of directors responded by authorizing the independent 
directors to investigate the claims contained in the first Derivative Demand, any subsequent stockholder demands, as well as 
any other matters the independent directors see fit to investigate, including matters related to the SEC Investigation.  Pursuant 
to this authority, the independent directors have formed a special litigation committee that is comprised solely of independent 
directors to review and evaluate the matters referred by the full Board to the independent directors, and to recommend to the 
full Board any further action as is appropriate.  The special litigation committee is investigating these claims with the assistance 
of independent legal counsel and will make a recommendation to the Board of Directors after the committee has completed its 
investigation.

On March 21, 2013, counsel for the stockholders who made the first Derivative Demand filed a derivative lawsuit in the Circuit 
Court of Cook County, Illinois, on behalf of the Company.  The case has been stayed pending completion of the special 
litigation committee's investigation.

We cannot reasonably estimate the timing or outcome of either the SEC Investigation or the investigation by the special 
litigation committee or Derivative Demands, nor can we predict whether or not any of these matters may have a material 
adverse effect on our business. These matters may cause us to incur significant legal expense, both directly and as the result of 
any indemnification obligations. In addition, the SEC Investigation, the Derivative Demands or the special litigation committee 
investigation may divert management's attention from our ordinary business operations or may also limit our ability to obtain 
financing to fund our on-going operating requirements, which could harm our business. Adverse findings by the SEC or the 
special litigation committee, future litigation related thereto, or the incurrence of costs, fees, fines or penalties that are not 
reimbursed under our insurance policies, could have a material adverse impact on our business.

The failure of any bank in which we deposit our funds could reduce the amount of cash we have available to pay 
distributions and make additional investments.

We have deposited our cash and cash equivalents in several banking institutions in an attempt to minimize exposure to the 
failure or takeover of any one of these entities. However, the Federal Insurance Deposit Corporation, or “FDIC,” generally only 
insures limited amounts per depositor per insured bank. At December 31, 2013 we had cash and cash equivalents and restricted 
cash deposited in interest bearing transaction accounts at certain financial institutions exceeding these federally insured levels. 
If any of the banking institutions in which we have deposited funds ultimately fails, we may lose our deposits over the federally 
insured levels. The loss of our deposits could reduce the amount of cash we have available to distribute or invest.

A failure of our information technology (IT) infrastructure could adversely impact our business and operations.

We rely upon the capacity, reliability and security of our information technology infrastructure and our ability to expand and 
continually update this infrastructure in response to changing needs of our business. We face the challenge of supporting older 
systems and hardware and implementing necessary upgrades to our IT infrastructure.  We may not be able to successfully 
implement these upgrades in an effective manner.  In addition, we may incur significant increases in costs and extensive delays 
in the implementation and rollout of any upgrades or new systems.  If there are technological impediments, unforeseen 
complications, errors or breakdowns in implementation, the disruptions could have an adverse effect on our business and 
financial condition.

Risks Related to our Real Estate Assets

There are inherent risks with real estate investments.

Investments in real estate assets are subject to varying degrees of risk. For example, an investment in real estate cannot generally 
be quickly converted to cash, limiting our ability to promptly vary our portfolio in response to changing economic, financial and 
investment conditions. Investments in real estate assets also are subject to adverse changes in general economic conditions which, 
for example, reduce the demand for rental space or impact a tenant’s ability to pay rent.

9

Among the factors that could impact our real estate assets and the value of an investment in us are:

• 

• 
• 
• 
• 

• 

• 
• 
• 
• 
• 

local conditions such as an oversupply of space or reduced demand for real estate assets of the type that we own or seek 
to acquire, including, with respect to our lodging properties, quick changes in supply of and demand for rooms that are 
rented or leased on a day-to-day basis;
inability to collect rent from tenants;
vacancies or inability to rent space on favorable terms;
inflation and other increases in operating costs, including insurance premiums, utilities and real estate taxes;
increases in energy costs or airline fares or terrorist incidents which impact the propensity of people to travel and therefore 
impact revenues from our lodging facilities because operating costs cannot be adjusted as quickly;
adverse changes in the federal, state or local laws and regulations applicable to us, including those affecting rents, zoning, 
prices of goods, fuel and energy consumption, water and environmental restrictions;
the relative illiquidity of real estate investments;
changing market demographics;
an inability to acquire and finance, or refinance, properties on favorable terms, if at all;
acts of God, such as earthquakes, floods or other uninsured losses; and
changes or increases in interest rates and availability of financing.

In addition, periods of economic slowdown or recession, or declining demand for real estate, or the public perception that any 
of these events may occur, could result in a general decline in rents or increased defaults under existing leases.  We have 
experienced these impacts in the last few years.  There is no assurance that conditions will improve or that these impacts will 
not occur in the future.

We depend on tenants for our revenue, and accordingly, lease terminations, tenant default, and bankruptcies could 
adversely affect the income produced by our properties.

The success of our investments depends on the financial stability of our tenants. Certain economic conditions may adversely 
affect one or more of our tenants. For example, business failures and downsizings can affect the tenants of our office and 
industrial properties and may also contribute to reduced consumer demand for retail products and services which would impact 
tenants of our retail properties. In addition, our retail shopping center properties typically are anchored by large, nationally 
recognized tenants, any of which may experience a downturn in their business that may weaken significantly their financial 
condition and thus the performance of the applicable shopping center. Further, mergers or consolidations among large retail 
establishments could result in the closure of existing stores or duplicate or geographically overlapping store locations, which 
could include tenants at our retail properties.

As a result of these factors, our tenants may delay lease commencements, decline to extend or renew their leases upon 
expiration, fail to make rental payments, or declare bankruptcy. Any of these actions could result in the termination of the 
tenants' leases, the expiration of existing leases without renewal, or the loss of rental income attributable to the terminated or 
expired leases. In the event of a tenant default or bankruptcy, we may experience delays in enforcing our rights as a landlord 
and may incur substantial costs in protecting our investment and re-leasing our property. Specifically, a bankruptcy filing by, or 
relating to, one of our tenants or a lease guarantor would bar efforts by us to collect pre-bankruptcy debts from that tenant or 
lease guarantor, or its property, unless we receive an order permitting us to do so from the bankruptcy court. In addition, we 
cannot evict a tenant solely because of bankruptcy. The bankruptcy of a tenant or lease guarantor could delay our efforts to 
collect past due balances under the relevant leases, and could ultimately preclude collection of these sums. If a lease is assumed 
by the tenant in bankruptcy, all pre-bankruptcy balances due under the lease must be paid to us in full. If, however, a lease is 
rejected by a tenant in bankruptcy, we would have only a general, unsecured claim for damages. An unsecured claim would 
only be paid to the extent that funds are available and only in the same percentage as is paid to all other holders of general, 
unsecured claims. Restrictions under the bankruptcy laws further limit the amount of any other claims that we can make if a 
lease is rejected. As a result, it is likely that we would recover substantially less than the full value of the remaining rent during 
the term.

Geographic concentration also exposes us to risks of oversupply and competition in these markets. Significant increases in 
the supply of certain property types, including hotels, without corresponding increases in demand could have a material 
adverse effect on our financial condition, results of operations and our ability to pay distributions.

As of December 31, 2013, approximately, 6%, 8%, and 10% of our base rental income of our consolidated portfolio, excluding 
our lodging properties, was generated by properties located in the Dallas, Chicago and Houston metropolitan areas, 
respectively.  Additionally, at December 31, 2013, 45 of our lodging properties, or approximately 45% of our lodging portfolio, 

10

were located on the eastern seaboard states ranging from Connecticut to Florida, including 7 hotels in New Jersey.  
Approximately 27% of our lodging portfolio is located in the southern states, including 19 properties located in Texas.

One of our tenants generated a significant portion of our revenue, and rental payment defaults by this significant tenant 
could adversely affect our results of operations.

For the year ended December 31, 2013, approximately 9% of our rental revenue from continuing operations was generated by 
two properties leased to AT&T, Inc.  The leases, with approximately 1.7 million and 0.3 million square feet, expire in 2016 and 
2019, respectively.   An additional property leased to AT&T is classified as held for sale, and the lease, with approximately 1.5 
million square feet, expires in 2017.  As a result of the concentration of revenue generated from these properties, if AT&T were 
to cease paying rent or fulfilling its other monetary obligations, we could have significantly reduced rental revenues or higher 
expenses until the defaults were cured or the properties were leased to a new tenant or tenants.

Leases representing approximately 7.0% and 12.9% of the rentable square feet of our retail and non-core portfolio, 
respectively, are scheduled to expire in 2014.  We may be unable to renew leases or lease vacant space at favorable rates or 
at all.

As of December 31, 2013, leases representing approximately 7.0% of the 17,031,497 rentable square feet of our retail portfolio 
and 12.9% of the 7,257,246 rentable square feet of our non-core properties (excluding a conventional multi-family property) 
are scheduled to expire in 2014. We may be unable to extend or renew any of these leases, or we may be able to lease these 
spaces only at rental rates equal to or below existing rental rates. In addition, some of our tenants have leases that include early 
termination provisions that permit the lessee to terminate all or a portion of its lease with us after a specified date or upon the 
occurrence of certain events with little or no liability to us. We may be required to offer substantial rent abatements, tenant 
improvements, early termination rights or below-market renewal options to retain these tenants or attract new ones. Portions of 
our properties may remain vacant for extended periods of time. Further, some of our leases currently provide tenants with 
options to renew the terms of their leases at rates that are less than the current market rate or to terminate their leases prior to 
the expiration date thereof. If we are unable to obtain new rental rates that are on average comparable to our asking rents across 
our portfolio, then our ability to generate cash flow growth will be negatively impacted.

We may be required to make significant capital expenditures to improve our properties in order to retain and attract tenants.

We expect that, upon the expiration of leases at our properties, we may be required to provide rent or other concessions to 
tenants, accommodate requests for renovations, build-to-suit remodeling and other improvements or provide additional services 
to our tenants. As a result, we may have to pay for significant leasing costs or tenant improvements in order to retain tenants 
whose leases are expiring and to attract new tenants in sufficient numbers. Additionally, we may need to raise capital to fund 
these expenditures. If we are unable to do so, or if capital is otherwise unavailable, we may be unable to fund the required 
expenditures. This could result in non-renewals by tenants upon expiration of their leases or the ability to attract new tenants, 
which would result in declines in revenues from operations.

We face significant competition in the leasing market, which may decrease or prevent increases in the occupancy and rental 
rates of our properties.

We own properties located throughout the United States. We compete with numerous developers, owners and operators of 
commercial properties, many of which own properties similar to, and in the same market areas as, our properties. If our 
competitors offer space at rental rates below current market rates, or below the rental rates we currently charge our tenants, we 
may lose existing or potential tenants and we may be pressured to reduce our rental rates below those we currently charge in 
order to attract new tenants or retain existing tenants when their leases expire. Also, if our competitors develop additional 
properties in locations near our properties, there may be increased competition for creditworthy tenants, which may require us 
to make capital improvements to properties that we would not have otherwise made.

Acts of God, such as earthquakes, floods or other uninsured losses may make us susceptible to adverse climate 
developments from the effects of these natural disasters in those areas.

Because our properties are concentrated in certain geographic areas, our operating results are likely to be impacted by climate 
changes affecting the real estate markets in those areas. Adverse events such as hurricanes, floods, wildfires, earthquakes, 
blizzards or other natural disasters, could cause a loss of revenues at our real estate properties. These losses may not be insured 
or insurable at an acceptable cost.  Elements such as water, wind, hail, or fire damage can increase or accelerate wear on our 
properties' weatherproofing, and mechanical, electrical and other systems, and cause mold issues. As a result, we may incur 
additional operating costs and expenditures for capital improvements and maintenance at these properties.

11

Actions of our joint venture partners could negatively impact our performance.

As of December 31, 2013 we had entered into joint venture agreements with ten entities to fund investment is in office, 
industrial/distribution, retail, lodging, and mixed use properties. The carrying value of our investment in these joint ventures, 
which we do not consolidate for financial reporting purposes, was $263.9 million. For the year ended December 31, 2013, we 
recorded income of $12.0 million and impairments, gains and losses, net of $3.5 million associated with these ventures.

With respect to these investments, we are not in a position to exercise sole decision-making authority regarding the property, or 
the joint venture. Consequently, our joint venture investments may involve risks not otherwise present with other methods of 
investing in real estate. For example, our venture partner may have economic or business interests or goals which are or which 
become inconsistent with our business interests or goals or may take action contrary to our instructions or requests or contrary 
to our policies or objectives. We have experienced these events from time to time with our current or former venture partners, 
which in some cases has resulted in litigation.  An adverse outcome in any lawsuit could have a material effect on our business, 
financial condition or results of operations. In addition, any litigation increases our expenses and prevents our officers and 
directors from focusing their time and effort on our core strategic holdings and business plans. Our relationships with our 
venture partners are contractual in nature.  These agreements may restrict our ability to sell our interest when we desire or on 
advantageous terms and, on the other hand, may be terminated or dissolved under the terms of the agreements and, in each 
event, we may not continue to own or operate the interests or assets underlying the relationship or may need to purchase these 
interests or assets at an above-market price to continue ownership.

Credit market disruptions and certain economic trends may increase the likelihood of a commercial developer defaulting on 
its obligations with respect to our development projects, including projects where we have notes receivable, or becoming 
bankrupt or insolvent.

We have invested in, and may continue to invest in, projects that are in various stages of pre-development and development. 
Investing in properties in pre-development or under development, and in lodging properties in particular, which typically must 
be renovated or otherwise improved on a regular basis, including renovations and improvements required by existing franchise 
agreements, subjects us to uncertainties such as the ability to achieve desired zoning for development, environmental concerns 
of governmental entities or community groups, ability to control construction costs or to build in conformity with plans, 
specifications and timetables.  In many cases, developers may not have adequate capital to address downturns in the market.  
Further, the developers of the projects in which we have invested are exposed to risks not only with respect to our projects, but 
also other projects in which they are involved.  A default by a developer in respect to one of our development project 
investments, or the bankruptcy, insolvency or other failure of a developer for one of these projects, may require that we 
determine whether we want to assume the senior loan, fund monies beyond what we are contractually obligated to fund, take 
over development of the project, find another developer for the project, or sell our interest in the project. Developer failures 
could give tenants the right to terminate pre-construction leases, delay efforts to complete or sell the development project and 
could ultimately preclude us from realizing our anticipated returns. These events could cause a decrease in the value of our 
development assets and compel us to seek additional sources of funding, which may or may not be available, in order to hold 
and complete the development project.

Generally, under bankruptcy law and the bankruptcy guarantees we have required of certain of our joint venture development 
partners, we may seek recourse from the developer-guarantor to complete our development project with a substitute developer 
partner.  However, in the event of a bankruptcy by the developer-guarantor, we cannot provide assurance that the developer or 
its trustee will satisfy its obligations. The bankruptcy of any developer or the failure of the developer to satisfy its obligations 
would likely cause us to have to complete the development or find a replacement developer, which could result in delays and 
increased costs. We cannot provide assurance that we would be able to complete the development on terms as favorable as 
when we first entered into the project. If we are not able to, or elect not to, the development costs ordinarily would be charged 
against income for the then-current period if we determine our costs are not recoverable.

Our investments in equity and debt securities have materially impacted, and may in the future materially impact, our results.

As of December 31, 2013, we owned investment in real estate related equity and debt securities with an aggregate market value 
of $242.8 million. For the year ended December 31, 2013, we realized gains on sale of securities of $31.5 million net of 
impairments of $1.1 million, and net unrealized gains of $17.6 million.  Real estate related equity securities are always 
unsecured and subordinated to other obligations of the issuer. Investments in real estate-related equity securities are subject to 
numerous risks including: (1) limited liquidity in the secondary trading market in the case of unlisted or thinly traded securities; 
(2) substantial market price volatility resulting from, among other things, changes in prevailing interest rates in the overall 
market or related to a specific issuer, as well as changing investor perceptions of the market as a whole, REIT or real estate 
securities in particular or the specific issuer in question; (3) subordination to the liabilities of the issuer; (4) the possibility that 

12

earnings of the issuer may be insufficient to meet its debt service obligations or to pay distributions; and (5) with respect to 
investments in real estate-related preferred equity securities, the operation of mandatory sinking fund or call/redemption 
provisions during periods of declining interest rates that could cause the issuer to redeem the securities. In addition, 
investments in real estate-related securities involve special risks relating to the particular issuer of the securities, including the 
financial condition and business outlook of the issuer and  to the risks inherent with real estate-related investments discussed 
herein. In fact, many of the entities that we have invested in have reduced the dividends paid on their securities. The stock 
prices for some of these entities have declined since our initial purchase, and in certain cases we have sold these investments at 
a loss. 

Any mortgage loans that we originate or purchase are subject to the risks of delinquency and foreclosure.

We may originate and purchase mortgage loans. Mortgage loans are subject to risks of delinquency and foreclosure, and risks 
of loss. The ability of a borrower to repay a loan secured by an income-producing property depends primarily upon the 
successful operation of the property rather than upon the existence of independent income or assets of the borrower. If the net 
operating income of the property is reduced, the borrower's ability to repay the loan may be impaired. A property's net 
operating income can be affected by the any of the potential issues associated with real estate-related investments as discussed 
herein. We bear the risks of loss of principal to the extent of any deficiency between the value of the collateral and the principal 
and accrued interest of the mortgage loan. In the event of the bankruptcy of a mortgage loan borrower, the mortgage loan to 
that borrower will be deemed to be collateralized only to the extent of the value of the underlying collateral at the time of 
bankruptcy (as determined by the bankruptcy court), and the lien securing the mortgage loan will be subject to the avoidance 
powers of the bankruptcy trustee or debtor-in-possession to the extent the lien is unenforceable under state law. Foreclosure of a 
mortgage loan can be an expensive and lengthy process that could have a substantial negative effect on our anticipated return 
on the foreclosed mortgage loan. We may also be forced to foreclose on certain properties, be unable to sell these properties and 
be forced to incur substantial expenses to improve operations at the property.

An increase in real estate taxes may decrease our income from properties.

From time to time, the amount we pay for property taxes increases as either property values increase or assessment rates are 
adjusted. Increases in a property's value or in the assessment rate result in an increase in the real estate taxes due on that 
property. If we are unable to pass the increase in taxes through to our tenants, our net operating income for the property will 
decrease.

Uninsured losses or premiums for insurance coverage may adversely affect a stockholder's returns.

We attempt to adequately insure all of our properties against casualty losses. There are types of losses, generally catastrophic in 
nature, such as losses due to wars, acts of terrorism, earthquakes, floods, hurricanes, pollution or environmental matters that are 
uninsurable or not economically insurable, or may be insured subject to limitations, such as large deductibles or co-payments. 
Risks associated with potential acts of terrorism could sharply increase the premiums we pay for coverage against property and 
casualty claims. Additionally, mortgage lenders sometimes require commercial property owners to purchase specific coverage 
against terrorism as a condition for providing mortgage loans. These policies may not be available at a reasonable cost, if at all, 
which could inhibit our ability to finance or refinance our properties. In such instances, we may be required to provide other 
financial support, either through financial assurances or self-insurance, to cover potential losses. If we incur any casualty losses 
not fully covered by insurance, the value of our assets will be reduced by the amount of the uninsured loss. In addition, other 
than any reserves we may establish, we have no designated source of funding to repair or reconstruct any uninsured damaged 
property.

Terrorist attacks and other acts of violence or war may affect the markets in which we operate our operations and our 
profitability.

We own estate assets located in areas that are susceptible to attack. These attacks may directly impact the value of our assets 
through damage, destruction, loss or increased security costs. Although we may obtain terrorism insurance, we may not be able 
to obtain sufficient coverage to fund any losses we may incur. Risks associated with potential acts of terrorism could sharply 
increase the premiums we pay for coverage against property and casualty claims. Further, certain losses resulting from these 
types of events are uninsurable or not insurable at reasonable costs.  More generally, any terrorist attack, other act of violence 
or war, including armed conflicts, could result in increased volatility in or damage to, the United States and worldwide financial 
markets and economy. Any terrorist incident may, for example, deter people from traveling. 

13

The cost of complying with environmental and other governmental laws and regulations may adversely affect us.

All real property and the operations conducted on real property are subject to federal, state and local laws and regulations 
(including those of foreign jurisdictions) relating to environmental protection and human health and safety. These laws and 
regulations generally govern wastewater discharges, air emissions, the operation and removal of underground and above-
ground storage tanks, the use, storage, treatment, transportation and disposal of solid and hazardous materials, and the 
remediation of contamination associated with disposals. We also are required to comply with various local, state and federal 
fire, health, life-safety and similar regulations. Some of these laws and regulations may impose joint and several liabilities on 
tenants or owners for the costs of investigating or remediating contaminated properties. These laws and regulations often 
impose liability whether or not the owner knew of, or was responsible for, the presence of the hazardous or toxic substances. 
The cost of removing or remediating could be substantial. In addition, the presence of these substances, or the failure to 
properly remediate these substances, may adversely affect our ability to sell or rent a property or to use the property as 
collateral for borrowing.

Environmental laws and regulations also may impose restrictions on the manner in which properties may be used or businesses 
may be operated, and these restrictions may require substantial expenditures by us. Environmental laws and regulations provide 
for sanctions in the event of noncompliance and may be enforced by governmental agencies or, in certain circumstances, by 
private parties. Third parties may seek recovery from owners of real properties for personal injury or property damage 
associated with exposure to released hazardous substances. Compliance with new or more stringent laws or regulations or 
stricter interpretations of existing laws may require material expenditures by us. For example, various federal, regional and 
state laws and regulations have been implemented or are under consideration to mitigate the effects of climate change caused 
by greenhouse gas emissions. Among other things, “green” building codes may seek to reduce emissions through the 
imposition of standards for design, construction materials, water and energy usage and efficiency, and waste management. We 
are not aware of any such existing requirements that we believe will have a material impact on our current operations. 
However, future requirements could increase the costs of maintaining or improving our existing properties or developing new 
properties.

Our properties may contain or develop harmful mold, which could lead to liability for adverse health effects and costs of 
remediating the problem.

The presence of mold at any of our properties could require us to undertake a costly program to remediate, contain or remove 
the mold. Mold growth may occur when moisture accumulates in buildings or on building materials. Some molds may produce 
airborne toxins or irritants. Concern about indoor exposure to mold has been increasing because exposure to mold may cause a 
variety of adverse health effects and symptoms, including allergic or other reactions. The presence of mold could expose us to 
liability from our tenants, their employees and others if property damage or health concerns arise.

We may incur significant costs to comply with the Americans With Disabilities Act.

Our properties generally are subject to the Americans With Disabilities Act of 1990, as amended. Under this act, all places of 
public accommodation are required to comply with federal requirements related to access and use by disabled persons. The act 
has separate compliance requirements for “public accommodations” and “commercial facilities” that generally require that 
buildings and services be made accessible and available to people with disabilities. The act's requirements could require us to 
remove access barriers and could result in the imposition of injunctive relief, monetary penalties or, in some cases, an award of 
damages.

Additional Risks Associated with our Retail Assets

Our retail properties face considerable competition for the tenancy of our lessees and the business of retail shoppers.

There are numerous shopping venues that compete with our retail properties in attracting retailers to lease space and shoppers 
to patronize their properties. In addition, our retail tenants face changing consumer preferences and increasing competition 
from other forms of retailing, such as catalogues and other forms of direct marketing, internet websites and telemarketing as 
well as other retail centers located within the geographic market area of our retail properties that compete with our properties 
for customers.  All of these factors may adversely affect our tenants’ cash flows and, therefore, their ability to pay rent.

14

Retail conditions may adversely affect our income and our ability to make distributions to you.

A retail property’s revenues and value may be adversely affected by a number of factors, many of which apply to real estate 
investment generally, but which also include trends in the retail industry and perceptions by retailers or shoppers of the safety, 
convenience and attractiveness of the retail property. Our properties are located in public places, and any incidents of crime or 
violence, including acts of terrorism, could result in a reduction of business traffic to tenant stores in our properties. Any such 
incidents may also expose us to civil liability or harm our reputation. In addition, to the extent that the investing public has a 
negative perception of the retail sector, the value of our retail properties may be negatively impacted.

The recent economic downturn and weak recovery in the United States has had, and may continue to have, an adverse 
impact on the retail industry generally. Slow or negative growth in the retail industry could result in defaults by retail 
tenants, which could have an adverse impact on our business, financial condition, or result of operations.

The economic downturn and weak recovery in the United States has had an adverse impact on the retail industry generally. As a 
result, the retail industry is facing reductions in sales revenues and increased bankruptcies throughout the United States. The 
continuation of adverse economic conditions may result in an increase in distressed or bankrupt retail companies, which in turn 
would result in an increase in defaults by tenants at our commercial properties. Additionally, slow economic growth is likely to 
hinder new entrants into the retail market which may make it difficult for us to fully lease our real properties. Tenant defaults 
and decreased demand for retail space would have an adverse impact on the value of our retail properties and our results of 
operations. 

Competition may impede our ability to renew leases or re-let space as leases expire and require us to undertake unbudgeted 
capital improvements, which could harm our operating results.

Our properties are located in developed areas. Any competitive properties that are developed close to our existing properties 
also may impact our ability to lease space to creditworthy tenants. Increased competition for tenants may require us to make 
capital improvements to properties that we would not have otherwise planned to make. Any unbudgeted capital improvements 
may negatively impact our financial position. Also, to the extent we are unable to renew leases or re-let space as leases expire, 
it would result in decreased cash flow from tenants and reduce the income produced by our properties. Excessive vacancies 
(and related reduced shopper traffic) at one of our properties may hurt sales of other tenants at that property and may 
discourage them from renewing leases.

We may be restricted from re-leasing space at our retail properties.

Leases with retail tenants may contain provisions giving the particular tenant the exclusive right to sell particular types of 
merchandise or provide specific types of services within the particular retail center. These provisions may limit the number and 
types of prospective tenants interested in leasing space in a particular retail property.

We have entered into long-term leases with some of our retail tenants, those leases may not result in fair value over time, 
which could adversely affect our revenues and ability to make distributions.

We have entered into long-term leases with some of our retail tenants. Long-term leases do not allow for significant changes in 
rental payments and do not expire in the near term. If we do not accurately judge the potential for increases in market rental 
rates when negotiating these long-term leases, significant increases in future property operating costs could result in receiving 
less than fair value from these leases. These circumstances would adversely affect our revenues and funds available for 
distribution.

Our revenue will be impacted by the success and economic viability of our anchor retail tenants. Our reliance on single or 
significant tenants in certain buildings may decrease our ability to lease vacated space and adversely affect the returns on 
your investment.

In the retail sector, a tenant occupying all or a large portion of the gross leasable area of a retail center, commonly referred to as 
an anchor tenant, may become insolvent, may suffer a downturn in business, or may decide not to renew its lease. Any of these 
events would result in a reduction or cessation in rental payments to us and would adversely affect our financial condition. A 
lease termination by an anchor tenant could result in lease terminations or reductions in rent by other tenants whose leases may 
permit cancellation or rent reduction if another tenant’s lease is terminated. Similarly, the leases of some anchor tenants may 
permit the anchor tenant to transfer its lease to another retailer. The transfer to a new anchor tenant could cause customer traffic 
in the retail center to decrease and thereby reduce the income generated by that retail center. A lease transfer to a new anchor 
tenant could also allow other tenants to make reduced rental payments or to terminate their leases in accordance with lease 

15

terms. In the event that we are unable to release the vacated space to a new anchor tenant, we may incur additional expenses in 
order to remodel the space to be able to re-lease the space to more than one tenant.

Additional Risks Associated with our Lodging Assets

We are subject to the business, financial and operating risks inherent to the lodging industry, any of which could reduce our 
revenues and limit opportunities for growth.

Our business is subject to a number of business, financial and operating risks inherent to the lodging industry, including:

• 
• 
• 
• 

• 
• 

• 
• 

• 
• 
• 

• 

• 
• 
• 

significant competition from multiple lodging providers in all areas where we operate;
changes in operating costs, including energy, food, compensation, benefits and insurance;
increases in costs due to inflation that may not be fully offset by price and fee increases in our business;
changes in tax and governmental regulations that influence or set wages, prices, interest rates or construction and 
maintenance procedures and costs;
the costs and administrative burdens associated with complying with applicable laws and regulations;
significant increases in cost for health care coverage for employees and potential government regulation with respect 
to health care coverage;
shortages of labor or labor disruptions;
the availability and cost of capital necessary for us and third-party hotel owners to fund investments, capital expenditures 
and service debt obligations;
the quality of services provided by franchisees;
the financial condition of third-party property owners, developers and joint venture partners;
relationships with third-party property owners, developers and joint venture partners, including the risk that owners may 
terminate our management, franchise or joint venture agreements;
changes in desirability of geographic regions of the hotels in our business and geographic concentration of our operations 
and customers;
changes in the supply and demand for hotel services (including rooms, food and beverage, and other products and services);
the ability of third-party internet and other travel intermediaries to attract and retain customers; and
decreases that may result in the frequency of business travel as a result of alternatives to in person meetings, including 
virtual meetings hosted on-line or over private teleconferencing networks.

Any of these factors could increase our costs or limit or reduce the prices we are able to charge for lodging services, or otherwise 
affect our ability to maintain existing properties or develop new properties. As a result, any of these factors can reduce our revenues 
and limit opportunities for growth.

Macro economic and other factors beyond our control can adversely affect and reduce demand for our products and services.

Macro economic and other factors beyond our control can reduce demand for lodging products and services, including demand 
for rooms at properties that we own. These factors include, but are not limited to:

• 

changes in general economic conditions, including low consumer confidence, unemployment levels, depressed real estate 
prices resulting from the severity and duration of any downturn in the U.S. or global economy;

•  war, political conditions or civil unrest, terrorist activities or threats and heightened travel security measures instituted 

in response to these events;
decreased  corporate  or  government  travel-related  budgets  and  spending,  as  well  as  cancellations,  deferrals  or 
renegotiations of group business such as industry conventions;
statements, actions, or interventions by governmental officials related to travel and corporate travel-related activities and 
the resulting negative public perception of such travel and activities;
the financial and general business condition of the airline, automotive and other transportation-related industries and its 
impact on travel, including decreased airline capacity and routes;
conditions  which  negatively  shape  public  perception  of  travel,  including  travel-related  accidents  and  outbreaks  of 
pandemic or contagious diseases, such as avian flu, severe acute respiratory syndrome (SARS) and H1N1 (swine flu);
climate change or availability of natural resources;
natural or man-made disasters, such as earthquakes, tsunamis, tornadoes, hurricanes, typhoons, floods, volcanic eruptions, 
oil spills and nuclear incidents;
changes in the desirability of particular locations or travel patterns of customers;
cyclical over-building in the hotel industry; and

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• 

organized labor activities, which could cause a diversion of business from hotels involved in labor negotiations and loss 
of business for our hotels generally as a result of certain labor tactics.

Any one or more of these factors could limit or reduce overall demand for our products and services or could negatively impact 
our revenue sources, which could adversely affect our business, financial condition and results of operations.

We focus on investing in upper-upscale and upscale lodging segments. These segments can be very volatile.

A significant portion of our assets consist of hotels, a very different asset class from retail and student housing properties. Retail 
tenants tend to enter into longer term leases which provide us with some stability over the term of the lease. Lodging, however, 
is very volatile. Most hotel guests stay at a hotel for only a few nights, so the rate and occupancy at each of our hotels changes 
every day. In addition, we are focusing on investing in the upper-upscale and upscale segments of the lodging sector. These 
segments tend to be more susceptible to changes in the economy because they generally target business and high end leisure 
travelers.  In particular, revenue from group contract business, such as meeting space and conferences, may be large component 
of total revenues for an upper-upscale hotel.  Due to economy changes, there may be a reduction in group business demand.  As 
a result, revenues and earnings from our hotel sector may be very volatile.

In the past, events beyond our control, including economic slowdowns and terrorism, harmed the operating performance of 
the lodging industry generally. If these or similar events occur again, our operating and financial results may be harmed by 
declines in average daily room rates and occupancy.

The performance of the lodging industry has traditionally been closely linked with the performance of the general economy. 
The majority of our hotels are classified as upper upscale hotels. In an economic downturn, this type of hotel may be more 
susceptible to a decrease in revenue, as compared to hotels in other categories that have lower room rates because, as noted 
above, upper upscale hotels generally target business and high-end leisure travelers. In periods of economic difficulties, 
business and leisure travelers may reduce travel costs by limiting travel or by using lower cost accommodations. Also, volatility 
in transportation fuel costs, increases in air and ground travel costs and decreases in airline capacity may reduce the demand for 
our hotel rooms. Accordingly, our financial results may be harmed if economic conditions worsen, or if travel-associated costs, 
such as transportation fuel costs, increase. In addition, the terrorist attacks of September 11, 2001 had a dramatic adverse effect 
on business and leisure travel, and on the occupancy and average daily rate of our hotels. Future terrorist activities could have a 
harmful effect on both the industry and us.

Failure of the lodging industry to exhibit sustained improvement or to improve as expected will impact our business 
strategy.

We continue to execute on our strategy to focus on three property types: retail, student housing and lodging. The lodging sector 
has become one of our larger property segments. Our focus on lodging is driven, in part, on our view that lodging will benefit 
from an improving economy. There is no assurance, however, that the general economy will continue to improve or that 
lodging industry fundamentals will continue to improve with the general economy. In the event conditions in the industry do 
not sustain improvement or improve as we expect, or deteriorate, our revenues and profits from our lodging properties will be 
negatively impacted. Further, the underlying value of our assets may grow slower than the economy as a whole or may decline 
in value which will have a material adverse effect on our business plan.

The lodging industry is subject to seasonal and cyclical volatility, which may contribute to fluctuations in our results of 
operations and financial condition.

The lodging industry is seasonal in nature. The periods during which our lodging properties experience higher revenues vary 
from property to property, depending principally upon location and the customer base served. Due to seasonality, we generally 
expect our lodging revenues to be greater during the second and third quarters with lower revenues in the first and fourth 
quarters. In addition, the lodging industry is cyclical and demand generally follows, on a lagged basis, the general economy. 
The seasonality and cyclicality of our industry may contribute to fluctuations in our results of operations and financial 
condition.

Our hotels are subject to significant competition.

The hotel industry is very competitive regardless of the segment. Material increases in the supply of new hotel rooms to a 
particular market can quickly destabilize that market and existing hotels can experience rapidly decreasing RevPAR and 
profitability. Over-building in one or more of our markets may adversely affect our business plan. 

17

In the case of the upper upscale segment, hotels compete on the basis of location, room rates and quality, service levels, 
reputation and reservations systems, among many other factors. There are many competitors in this segment, some of whom 
may have greater marketing and financial resources than us. This competition could reduce occupancy levels and room revenue 
at our hotels, which would harm our operations. Over-building in the hotel industry may increase the number of rooms 
available and may decrease occupancy and room rates. We may also face competition from nationally recognized hotel brands 
with which we are not associated. In addition, in periods of weak demand, profitability is negatively affected by the relatively 
high fixed costs of operating upper upscale hotels when compared to other classes of hotels.

We may be adversely affected by increased use of business related technology which may reduce the need for business 
related travel.

The increased use of teleconference and video-conference technology by businesses could result in decreased business travel as 
companies increase the use of technologies that allow multiple parties from different locations to participate in meetings 
without traveling to a centralized meeting location. To the extent that such technologies play an increased role in day-to-day 
business and the necessity for business related travel decreases, hotel room demand may decrease and our financial condition, 
results of operations, the market price of our common stock and our ability to make distributions to our stockholders may be 
adversely affected.

The operating results of some of our individual hotels are significantly impacted by group contract business (such as 
meeting space and conferences) and room nights generated by large corporate transient customers, and the loss of such 
customers for any reason could harm our operating results.

Group contract business (such as meeting space and conferences) and room nights generated by other large corporate transient 
customers can significantly impact the results of operations of our hotels. These contracts and customers vary from hotel to 
hotel and change from time to time. Such group contracts are typically for a limited period of time after which they may be put 
up for competitive bidding. The impact and timing of large events are not always easy to predict. As a result, the operating 
results for our individual hotels can fluctuate as a result of these factors, possibly in adverse ways, and these fluctuations can 
affect the revenues and earnings generated by our lodging properties.

The outbreak of influenza or other widespread contagious disease could reduce travel and adversely affect hotel demand.

The widespread outbreak of infectious or contagious disease in the U.S. could reduce travel and adversely affect the hotel 
industry generally and our business in particular.

We are subject to risks associated with our ongoing need for renovations and capital improvements as well as financing 
these expenditures.

In order to remain competitive, our hotels have an ongoing need for renovations and other capital improvements, including 
replacements, from time to time, of furniture, fixtures and equipment. These capital improvements may give rise to the 
following risks:

• 
• 

• 
• 

• 

construction cost overruns and delays;  
a possible shortage of available monies to fund capital improvements and the related possibility that financing for 
these capital improvements may not be available to us on affordable terms; 
the renovation investment failing to produce the returns on investment that we expect; 
disruptions in the operations of the hotel as well as in demand for the hotel while capital improvements are underway; 
and
disputes with franchisors/hotel managers regarding compliance with relevant management/franchise agreements. 

In addition, we may not be able to fund capital improvements or acquisitions solely from cash provided from our operating 
activities because we generally must distribute at least 90% of our REIT taxable income, determined without regard to the 
dividends paid deduction and excluding net capital gains, each year to maintain our REIT tax status. As a result, our ability to 
fund capital expenditures, or investments through retained earnings, is very limited. Consequently, we rely upon the availability 
of debt or equity capital to fund our investments and capital improvements. These sources of funds may not be available on 
reasonable terms and conditions or at all.

Our franchisors and brand managers may require us to make capital expenditures pursuant to property improvement plans, 
or PIPs, and the failure to make the expenditures required under the PIPs or to comply with brand standards could cause 
the franchisors or hotel brands to terminate the franchise or management agreements.

18

Our franchisors and brand managers may require that we make renovations to certain of our hotels in connection with revisions 
to our franchise or management agreements. In addition, upon regular inspection of our hotels, our franchisors and hotel brands 
may determine that additional renovations are required to bring the physical condition of our hotels into compliance with the 
specifications and standards each franchisor or hotel brand has developed. In connection with the acquisitions of hotels, 
franchisors and hotel brands may also require PIPs, which set forth their renovation requirements. If we do not satisfy the PIP 
renovation requirements, the franchisor or hotel brand may have the right to terminate the applicable agreement. In addition, if 
we default on a franchise agreement as a result of our failure to comply with the PIP requirements, in general, we will be 
required to pay the franchisor liquidated damages.

Funds spent to maintain licensed brand standards or the loss of a brand license would adversely affect our lodging segment.

Our hotels operate under licensed brands, either through management or franchise agreements with hotel brand companies that 
permit us to do so, and we anticipate that the hotels we acquire in the future also will operate under licensed brands. We are 
therefore subject to the risks inherent in concentrating our hotels in several licensed brands. These risks include reductions in 
business following negative publicity related to one of our licensed brands or arising from or after a dispute with a hotel brand 
company.

The maintenance of the brand licenses for our hotels is subject to the hotel brand companies’ operating standards and other 
terms and conditions. Hotel brand companies periodically inspect our hotels to ensure that we and our lessees and hotel 
managers follow their standards. Failure by us, our taxable REIT subsidiaries or one of our hotel managers to maintain these 
standards or other terms and conditions could result in a brand license being terminated. If a brand license terminates due to our 
failure to make required improvements or to otherwise comply with its terms, we may also be liable to the hotel brand company 
for a termination payment, which will vary by hotel brand company and by hotel. As a condition of our continued holding of a 
brand license, a hotel brand company could also possibly require us to make capital expenditures, even if we do not believe the 
capital improvements are necessary or desirable or will result in an acceptable return on our investment. Nonetheless, we may 
risk losing a brand license if we do not make hotel brand company-required capital expenditures.

If a hotel brand company terminates the brand license, we may try either to obtain a suitable replacement brand or to operate 
the hotel without a brand license. The loss of a brand license could materially and adversely affect the operations or the 
underlying value of the hotel because of the loss of associated name recognition, marketing support and centralized reservation 
systems provided by the hotel brand company. A loss of a brand license for one or more hotels could materially and adversely 
affect the revenues and earnings generated by our lodging sector.

Many real estate costs are fixed, even if revenue from our hotels decreases. 

Many costs, such as real estate taxes, insurance premiums and maintenance costs, generally are not reduced even when a hotel 
is not fully occupied, room rates decrease or other circumstances cause a reduction in revenues. In addition, newly acquired or 
renovated hotels may not produce the revenues we anticipate immediately, or at all, and the hotel's operating cash flow may be 
insufficient to pay the operating expenses and debt service associated with these new hotels. If we are unable to offset real 
estate costs with sufficient revenues across our portfolio, may be adversely affected.

To qualify as a REIT, we must rely on third parties to operate our hotels.

To continue qualifying as a REIT, we may not, among other things, operate any hotel, or directly participate in the decisions 
affecting the daily operations of any hotel. Thus, we have retained third party managers to operate our hotel properties. We do 
not have the authority to directly control any particular aspect of the daily operations of any hotel, such as setting room rates. 
Thus, even if we believe our hotels are being operated in an inefficient or sub-optimal manner, we may not be able to require an 
immediate change to the method of operation. Our only alternative for changing the operation of our hotels may be to replace 
the third party manager of one or more hotels in situations where the applicable management agreement permits us to terminate 
the existing manager. Certain of these agreements may not be terminated without cause, which generally requires fraud, 
misrepresentation and other illegal acts. Even if we terminate or replace any manager, there is no assurance that we will be able 
to find another manager or that we will be able to enter into new management agreements favorable to us. Any change of hotel 
management would disrupt operations, which could have an adverse material effect on our operating results and financial 
condition.

Conditions of franchise agreements could adversely affect us.

Our lodging properties are operated pursuant to agreements with nationally recognized franchisors including Marriott 
International, Inc., Hilton Hotels Corporation, Intercontinental Hotels Group PLC, Hyatt Corporation, Fairmont Hotels and 

19

Resorts, and Starwood Hotels and Resorts Worldwide, Inc. These agreements generally contain specific standards for, and 
restrictions and limitations on, the operation and maintenance of a franchised hotel in order to maintain uniformity within the 
particular franchisor's system. These standards are subject to change, in some cases at the discretion of the franchisor, and may 
restrict our ability to make improvements or modifications to a hotel without the consent of the franchisor. Conversely, these 
standards may require us to make certain improvements or modifications to a hotel, even if we do not believe the capital 
improvements are necessary or desirable or will result in an acceptable return on our investment.

These agreements also permit the franchisor to terminate the agreement in certain cases such as a failure to pay royalties and 
fees or to perform covenants contained in the franchise agreement, bankruptcy, abandonment of the franchise, commission of a 
felony, assignment of the franchise without the consent of the franchisor or failure to comply with applicable law or maintain 
applicable standards in the operation and condition of the relevant hotel. If a franchise license terminates due to our failure to 
comply with the terms and conditions of the agreement, we may be liable to the franchisor for a termination payment. These 
payments vary. Also, these franchise agreements do not renew automatically. If we were to lose a franchise agreement, there is 
no assurance that we would be able to enter into an agreement with a different franchisor.

Due to restrictions in our hotel management agreements, franchise agreements, mortgage agreements and ground leases, 
we may not be able to sell our hotels at the highest possible price (or at all).

Our current hotel management agreements are long-term and contain certain restrictions on selling our hotels, which may affect 
the value of our hotels.

The hotel management agreements that we have entered into, and those we expect to enter into in the future, contain provisions 
restricting our ability to dispose of our hotels which, in turn, may have an adverse affect on the value of our hotels. Our hotel 
management agreements generally prohibit the sale of a hotel to:

• 
• 
• 

certain competitors of the manager;
purchasers who are insufficiently capitalized; or
purchasers who might jeopardize certain liquor or gaming licenses.

In addition, our current hotel management agreements contain initial terms ranging from six to forty years and certain 
agreements have renewal periods of three to ten years which are exercisable at the option of the owner. Because our hotels 
would have to be sold subject to the applicable hotel management agreement, the term length of a hotel management agreement 
may deter some potential purchasers and could adversely impact the price realized from any such sale. To the extent we receive 
lower sale proceeds, we could experience a material adverse effect on our business, financial condition, results of operations 
and our ability to make distributions to stockholders.

We are subject to risks associated with the employment of hotel personnel, particularly with hotels that employ unionized 
labor, which could increase our operating costs, reduce the flexibility of our hotel managers to adjust the size of the 
workforce at our hotels and impair our ability to make distributions to our shareholders.

We have entered into management agreements with third-party hotel managers to operate our hotels. Our hotel managers are 
responsible for hiring and maintaining the labor force at each of our hotels. Although we do not directly employ or manage 
employees at our hotels, we are subject to many of the costs and risks generally associated with the hotel labor force, 
particularly those hotels with unionized labor. From time to time, hotel operations may be disrupted as a result of strikes, 
lockouts, public demonstrations or other negative actions and publicity. We also may incur increased legal costs and indirect 
labor costs as a result of contract disputes or other events. Additionally, hotels where our managers have collective bargaining 
agreements with employees are more highly affected by labor force activities than others. The resolution of labor disputes or re-
negotiated labor contracts could lead to increased labor costs, either by increases in wages or benefits or by changes in work 
rules that raise hotel operating costs. Furthermore, labor agreements may limit the ability of our hotel managers to reduce the 
size of hotel workforces during an economic downturn because collective bargaining agreements are negotiated between the 
hotel managers and labor unions. We do not have the ability to control the outcome of these negotiations.

20

Risks Associated with Debt Financing

Borrowings may reduce the funds available for distribution and increase the risk of loss since defaults may cause us to lose 
the properties securing the loans.

We have acquired, and will continue to acquire, real estate assets by assuming existing financing or borrowing new monies. 
Our articles permit us to borrow up to 300% of our net assets. In addition, we may obtain loans secured by some or all of our 
properties or other assets to fund additional acquisitions or operations including to satisfy the requirement that we distribute at 
least 90% of our annual “REIT taxable income” (subject to certain adjustments) to our stockholders, or as is otherwise 
necessary or advisable to assure that we qualify as a REIT for federal income tax purposes. Payments required on any amounts 
we borrow reduce the funds available for, among other things, distributions to our stockholders because cash otherwise 
available for distribution is required to pay principal and interest associated with amounts we borrow.

Defaults on loans secured by a property we own may result in us losing the property or properties securing the loan that is in 
default as a result of foreclosure actions initiated by a lender. For tax purposes, a foreclosure would be treated as a sale of the 
property for a purchase price equal to the outstanding balance of the debt secured by the property. If the outstanding balance of 
the debt exceeds our tax basis in the property, we would recognize taxable gain on the foreclosure but would not receive any 
cash proceeds. We also may fully or partially guarantee any monies that subsidiaries borrow to purchase or operate real estate 
assets. In these cases, we will be responsible to the lender for repaying the loans if the subsidiary is unable to do so. If any 
mortgage contains cross-collateralization or cross-default provisions, more than one property may be affected by a default.

Lenders may restrict certain aspects of our operations, which could, among other things, limit our ability to make 
distributions.

The terms and conditions contained in any of our loan documents may require us to maintain cash reserves; limit the aggregate 
amount we may borrow on a secured and unsecured basis; require us to satisfy restrictive financial covenants; prevent us from 
entering into certain business transactions, such as a merger, sale of assets or other business combination; restrict our leasing 
operations; or require us to obtain consent from the lender to complete transactions or make investments that are ordinarily 
approved only by our board of directors.  In particular, we have secured mortgages on certain upper-upscale lodging properties.  
We believe these properties to be more susceptible to changes in the economy because they target business and high end leisure 
travelers. This may inhibit us from satisfying our debt covenants and put us in default with the terms of our loan documents.  

In addition, secured lenders typically restrict our ability to discontinue insurance coverage on a mortgaged property even 
though we may believe that the insurance premiums paid to insure against certain losses, such as losses due to wars, acts of 
terrorism, earthquakes, floods, hurricanes, pollution or environmental matters, are greater than the potential risk of loss.

Our mortgage agreements contain certain provisions that may limit our ability to sell our properties.

In order to assign or transfer our rights and obligations under certain of our mortgage agreements, we generally must obtain the 
consent of the lender, pay a fee equal to a fixed percentage of the outstanding loan balance, and pay any costs incurred by the 
lender in connection with any such assignment or transfer.

These provisions of our mortgage agreements may limit our ability to sell our properties which, in turn, could adversely impact 
the price realized from any such sale. To the extent we receive lower sale proceeds, we could experience a material adverse 
effect on our business, financial condition, results of operations and our ability to make distributions to stockholders.

Interest-only indebtedness may increase our risk of default.

We have obtained, and continue to borrow interest-only mortgage indebtedness. During the interest only period, the amount of 
each scheduled payment is less than that of a traditional amortizing mortgage loan. The principal balance of the mortgage loan 
is not reduced (except in the case of prepayments) because there are no scheduled monthly payments of principal during this 
period. After the interest-only period, we are required either to make scheduled payments of amortized principal and interest or 
to make a lump-sum or “balloon” payment at maturity. These required principal or balloon payments increase the amount of 
our scheduled payments and may increase our risk of default under the related mortgage loan if we are unable to fund the lump-
sum or balloon amount.

21

Increases in interest rates could increase the amount of our debt payments.

As of December 31, 2013, approximately $1.0 billion of our mortgage payables and $200.2 million of our line of credit debt 
bore interest at variable rates. Increases in interest rates on variable rate debt that has not otherwise been hedged through the 
use of swap agreements reduce the funds available for other needs, including distribution to our stockholders. As of December 
31, 2013, approximately $3.7 billion of our total indebtedness bore interest at fixed rates.  As fixed rate debt matures, we may 
not be able to borrow at rates equal to or lower than the rates on the expiring debt. In addition, if rising interest rates cause us to 
need additional capital to repay indebtedness, we may be forced to sell one or more of our properties or investments in real 
estate at times which may not permit us to realize the return on the investments we would have otherwise realized.

To hedge against interest rate fluctuations, we use derivative financial instruments, which may be costly and ineffective.

From time to time, we use derivative financial instruments to hedge exposures to changes in interest rates on certain loans 
secured by our assets. Our derivative instruments currently consist of interest rate swap contracts but may, in the future, 
include, interest rate cap or floor contracts, futures or forward contracts, options or repurchase agreements. Our actual hedging 
decisions are determined in light of the facts and circumstances existing at the time of the hedge. There is no assurance that our 
hedging strategy will achieve our objectives. We may be subject to costs, such as transaction fees or breakage costs, if we 
terminate these arrangements.

To the extent that we use derivative financial instruments to hedge against interest rate fluctuations, we are exposed to credit 
risk, basis risk and legal enforceability risks. In this context, credit risk is the failure of the counterparty to perform under the 
terms of the derivative contract. Basis risk occurs when the index upon which the contract is based is more or less variable than 
the index upon which the hedged asset or liability is based, thereby making the hedge less effective. Finally, legal enforceability 
risks encompass general contractual risks including the risk that the counterparty will breach the terms of, or fail to perform its 
obligations under, the derivative contract. A counterparty could fail, shut down, file for bankruptcy or be unable to pay out 
contracts. The business failure of a hedging counterparty with whom we enter into a hedging transaction will most likely result 
in a default. Default by a party with whom we enter into a hedging transaction may result in the loss of unrealized profits and 
force us to cover our resale commitments, if any, at the then current market price. Although generally we will seek to reserve 
the right to terminate our hedging positions, it may not always be possible to dispose of or close out a hedging position without 
the consent of the hedging counterparty, and we may not be able to enter into an offsetting contract to cover our risk. We cannot 
provide assurance that a liquid secondary market will exist for hedging instruments purchased or sold, and we may be required 
to maintain a position until exercise or expiration, which could result in losses.

Further, the REIT provisions of the Code may limit our ability to hedge the risks inherent to our operations. We may be unable 
to manage these risks effectively.

We may be contractually obligated to purchase property even if we are unable to secure financing for the acquisition.

We typically finance a portion of the purchase price for each property that we acquire. However, to ensure that our offers are as 
competitive as possible, we generally do not enter into contracts to purchase property that include financing contingencies. 
Thus, we may be contractually obligated to purchase a property even if we are unable to secure financing for the acquisition. In 
this event, we may choose to close on the property by using cash on hand, which would result in less cash available for other 
purposes including funding operating costs or paying distributions to our stockholders. Alternatively, we may choose not to 
close on the acquisition of the property and default on the purchase contract. If we default on any purchase contract, we could 
lose our earnest money and become subject to liquidated or other contractual damages and remedies.

The financial covenants under our credit agreement may restrict our ability to make distributions and our operating and 
acquisition activities. If we breach the financial covenants we could be held in default under the credit agreement, which 
could accelerate our repayment date and materially adversely affect our liquidity and financial condition.

On May 8, 2013, we entered into a credit agreement with KeyBank National Association, JP Morgan Chase Bank National 
Association and other financial institutions to provide for a senior unsecured credit facility, which was subsequently expanded 
on November 5, 2013.  The credit facility consists of a $300 million senior unsecured revolving line of credit and a $200 
million unsecured term loan. We also have an accordion feature to increase available borrowings up to $800 million in certain 
circumstances with lenders’ consent.  

As of December 31, 2013, we had borrowed the full amount of the term loan and had $299.8 million available under the 
revolving line of credit. This full recourse credit agreement requires compliance with certain financial covenants including: a 
minimum net worth requirement, restrictions on indebtedness, a distribution limitation and investment restrictions. These 

22

covenants could prevent or inhibit our ability to make distributions to its stockholders and to pursue some business initiatives or 
effect certain transactions that may otherwise be beneficial to us.

The credit agreement also contains default provisions including the failure to (i) timely pay debt service: (ii) comply with 
financial and operating covenants in the credit agreement; or (iii) pay when due, all amounts outstanding under the credit 
agreement. Declaration of a default by the lenders under the credit agreement could restrict our ability to borrow additional 
monies and accelerate all amounts outstanding under the credit facility.

Risks Related to Our Common Stock

Since Inland American shares are not currently traded on a national stock exchange, there is no established public market 
for our shares and you may not be able to sell your shares.

Our shares of common stock are not listed on a national securities exchange.  There is no established public trading market for 
our shares and no assurance that one may develop.  Our charter also prohibits the ownership of more than 9.8% in value of the 
aggregate of the outstanding shares of our stock or more than 9.8% (in value or numbers whichever is more restrictive) of any 
class or series of shares of our stock by any single investor unless exempted by our board.  This may inhibit investors from 
purchasing a large portion of our shares.  Our charter also does not require our directors to seek stockholder approval to 
liquidate our assets by a specified date, nor does our charter require our directors to list our shares for trading on a national 
exchange by a specified date.  There is no assurance the board will pursue a listing or other liquidity event.  In addition, even if 
our board decides to seek a listing of our shares of common stock, there is no assurance that we will satisfy the listing 
requirements or that our shares will be approved for listing.  If and when a listing occurs there is no guarantee you will be able 
to sell your common shares at a price equal to your initial investment value.

Our stockholders may not be able to sell some or all of their shares under our share repurchases program.

Our share repurchase program, which was effective through February 28, 2014, contained numerous restrictions that limited 
our stockholders' ability to sell their shares, including those relating to the number of shares of our common stock that we could 
repurchase at any given time and limiting the funds we could use to repurchase shares pursuant to the program. Under the 
program, we may repurchase shares of our common stock, on a quarterly basis only, from the beneficiary of a stockholder that 
has died or from stockholders that have a “qualifying disability” or are confined to a “long-term care facility” (together, 
referred to herein as “hardship repurchases”). Our program does not permit us to accept shares for repurchase for any other 
reason, further, we are authorized to repurchase shares at a price per share equal to 100% of the most recently disclosed 
estimated per share value of our common stock, which currently is equal to $6.94 per share. Our obligation to repurchase any 
shares under the program is further conditioned upon our having sufficient funds available to complete the repurchase.  
Through February 28, 2014, our board has reserved $10.0 million per calendar quarter for the purpose of funding repurchases 
associated with death and $15.0 million per calendar quarter for the purpose of funding hardship repurchases. If the funds 
reserved for either category of repurchase under the program are insufficient to repurchase all of the shares for which 
repurchase requests have been received for a particular quarter, or if the number of shares accepted for repurchase would cause 
us to exceed the 5.0% limit set forth therein, we will repurchase the shares in the following order: (1) for death repurchases, we 
will repurchase shares in chronological order, based upon the beneficial owner's date of death; and (2) for hardship repurchases, 
we will repurchase shares on a pro-rata basis, up to, but not in excess of, the limits described herein; provided, that in the event 
that the repurchase would result in a stockholder owning less than 150 shares, we will repurchase all of that stockholder's 
shares. Further, we have no obligation to repurchase shares if the repurchase would violate the restrictions on distributions 
under Maryland law, which prohibits distributions that would cause a corporation to fail to meet statutory tests of solvency.

Since the repurchase price is equal to our estimated per share value of our common stock, a stockholder may receive less than 
the amount of their investment in the shares. Moreover, our directors have the discretion to suspend or terminate the program 
upon 30 days' notice. Therefore, our stockholders may not have the opportunity to make a repurchase request prior to a 
potential termination of the share repurchase program and our stockholders may not be able to sell any of their shares of 
common stock back to us. As a result of these restrictions and circumstances, the ability of our stockholders to sell their shares 
should they require liquidity is significantly restricted.

The estimated value of our common stock is based on a number of assumptions and estimates that may not be accurate or 
complete and is also subject to a number of limitations.

On December 27, 2013, we announced an estimated value of our common stock equal to $6.94 per share.  The audit committee 
of the Company’s board of directors engaged Real Globe Advisors, LLC (“Real Globe”), an independent third-party real 
estated advisory firm to estimate the per share value of our common stock on a fully diluted basis as of December 31, 2013.  As 
23

with any methodology used to estimate value, the methodology employed by Real Globe and the recommendations made by 
our former business manager were based upon a number of estimates and assumptions that may not be accurate or complete.  
Further, different parties using different assumptions and estimates could derive a different estimated value per share, which 
could be significantly different from our estimated value per share.  The estimated per share value does not represent the: (i) the 
amount at which our shares would trade at a national securities exchange, (ii) the amount a stockholder would obtain if he or 
she tried to sell his or her shares or (iii) the amount stockholders would receive if we liquidated our assets and distributed the 
proceeds after paying all of our expenses and liabilities. Accordingly, with respect to the estimated value per share, we can give 
no assurance that:

• 
• 

• 

• 

a stockholder would be able to resell his or her shares at this estimated value;
a stockholder would ultimately realize distributions per share equal to our estimated value per share upon liquidation 
of our assets and settlement of our liabilities or a sale of the Company;
our shares would trade at a price equal to or greater than the estimated value per share if we listed them on a national 
securities exchange; or
the methodology used to estimate our value per share would be acceptable to FINRA or that the estimated value per 
share will satisfy the applicable annual valuation requirements under the Employee Retirement Income Security Act of 
1974, as amended (“ERISA”) and the Internal Revenue Code of 1986, as amended (the “Code”) with respect to 
employee benefit plans subject to ERISA and other retirement plans or accounts subject to Section 4975 of the Code.

There is no assurance that we will be able to continue paying cash distributions or that distributions will increase over time.

We pay regular monthly cash distributions to our stockholders. However, there are many factors that can affect the availability 
and timing of cash distributions such as our ability to earn positive yields on our real estate assets, the yields on securities of 
other entities in which we invest, our operating expense levels, as well as many other variables. Our long-term portfolio 
strategy may also affect our ability to pay our cash distributions if we are not able to reinvest the capital we receive from our 
properties dispositions, in a reasonable amount of time, into assets that generate cash flow yields similar to or greater than the 
properties sold.  There is no assurance that we will be able to continue paying distributions at the current level or that the 
amount of distributions will increase, or not decrease, over time. Even if we are able to continue paying distributions, the actual 
amount and timing of distributions is determined by our board of directors in its discretion and typically depends on the amount 
of funds available for distribution, which depends on items such as current and projected cash requirements and tax 
considerations. As a result, our distribution rate and payment frequency may vary from time to time.

Funding distributions from sources other than cash flow from operating activities may negatively impact our ability to 
sustain or pay future distributions and results in us having less cash available for other uses, such as property purchases.

If our cash flow from operating activities is not sufficient to fully fund the payment of distributions, the level of our 
distributions may not be sustainable and some or all of our distributions will be paid from other sources. For the year ended 
December 31, 2013, distributions were paid from cash flow from operations, distributions from unconsolidated entities, and 
gain on sales of properties.  We also may use cash from financing activities, components of which may include borrowings 
(including borrowings secured by our assets) and have used proceeds from the sales of our properties, to fund distributions. To 
the extent distributions are paid from these sources or gains on sales of assets, we will have less money available for other uses, 
such as cash needed to refinance existing indebtedness or for the purchase of new assets.

Risks Related to Our Organization and Structure

Stockholders have limited control over changes in our policies and operations.

Our board of directors determines our major policies, including our investment policies and strategies, and policies regarding 
financing, debt and equity capitalization, REIT qualification and distributions. Our board of directors may amend or revise 
certain of these and other policies without a vote of the stockholders.

Stockholders' interest in us will be diluted if we issue additional shares.

Stockholders do not have preemptive rights to any shares issued by us in the future. Our articles authorize us to increase or 
decrease the aggregate number of shares of stock or the number of shares of stock of any class or series that the Company has 
authority to issue. Future issuances of common stock, including issuances through our distribution reinvestment plan (“DRP”), 
reduce the percentage of our shares owned by our current stockholders who do not participate in future stock issuances. 
Stockholders are not entitled to vote on whether or not we issue additional shares. In addition, depending on the terms and 
pricing of an additional offering of our shares and the value of our properties, our stockholders may experience dilution in the 
24

value of their shares. Further, our board could  issue stock on terms and conditions that subordinate the rights of the holders of 
our current common stock or have the effect of delaying, deferring or preventing a change in control in us, including an 
extraordinary transaction (such as a merger, tender offer or sale of all or substantially all of our assets) that might provide a 
premium price for our stockholders.

Stockholders' returns may be reduced if we are required to register as an investment company under the Investment 
Company Act.

We are not registered, and do not intend to register our company or any of our subsidiaries, as an investment company under 
the Investment Company Act of 1940, as amended (the “Investment Company Act”). If we or any of our subsidiaries become 
obligated to register as an investment company, the registered entity would have to comply with regulation under the 
Investment Company Act with respect to capital structure (including the registered entity's ability to use borrowings), 
management, operations, transactions with affiliated persons (as defined in the Investment Company Act) and portfolio 
composition, including disclosure requirements and restrictions with respect to diversification and industry concentration, and 
other matters.  Compliance with the Investment Company Act would limit our ability to make certain investments and require 
us to significantly restructure our operations and business plan.  The costs we would incur and the limitations that would be 
imposed on us as a result of such compliance and restructuring would negatively affect the value of our common stock, our 
ability to make distributions and the sustainability of our business and investment strategies.

We believe that neither we nor any subsidiaries we own fall within the definition of an investment company under Section 3(a)
(1) of the Investment Company Act because we primarily engage in the business of investing in real property, through our 
wholly or majority owned subsidiaries, each of which has at least 60% of their assets in real property.  The company conducts 
its operations, directly and through wholly or majority-owned subsidiaries, so that none of the company and its subsidiaries is 
registered or will be required to register as an investment company under the Investment Company Act. Section 3(a)(1) of the 
Investment Company Act, in relevant part, defines an investment company as (i) any issuer that is, or holds itself out as being, 
engaged primarily in the business of investing, reinvesting or trading in securities., or (ii) any issuer that is engaged, or 
proposes to engage, in the business of investing, reinvesting, owning, holding or trading in securities and owns, or proposes to 
acquire, “investment securities” having a value exceeding 40% of the value of its total assets (exclusive of government 
securities and cash items) on an unconsolidated basis, which we refer to as the “40% test.” The term “investment securities” 
generally includes all securities except government securities and securities of majority-owned subsidiaries that are not 
themselves investment companies and are not relying on the exemption from the definition of investment company under 
Section 3(c)(1) or Section 3(c)(7) of the Investment Company Act. We and our subsidiaries are primarily engaged in the 
business of investing in real property and, as such, fall outside of the definition of an investment company under Section 3(a)
(1)(A) of the Investment Company Act.  We also conduct our operations and the operations of our subsidiaries so that each 
complies with the 40% test.

Accordingly, we believe that neither we nor any of our wholly and majority-owned subsidiaries are considered investment 
companies under either Section 3(a)(1)(A) or Section 3(a)(1)(C) of the Investment Company Act. If we or any of our wholly or 
majority-owned subsidiaries would ever inadvertently fall within one of the definitions of “investment company,” we intend to 
rely on the exemption provided by Section 3(c)(5)(C) of the Investment Company Act. To rely upon Section 3(c)(5)(C) of the 
Investment Company Act as it has been interpreted by the SEC staff, an entity would have to invest at least 55% of its total 
assets in “mortgage and other liens on and interests in real estate,” which we refer to as “qualifying real estate investments” and 
maintain an additional 25% of its total assets in qualifying real estate investments or other real estate-related assets.  The 
remaining 20% of the entity's assets can consist of miscellaneous assets.  These criteria may limit what we buy, sell and hold.

We classify our assets for purposes of Section 3(c)(5)(C) based in large measure upon no-action letters issued by the SEC staff 
and other interpretive guidance provided by the SEC and its staff.  The no-action positions are based on factual situations that 
may be substantially different from the factual situations we may face, and a number of these no-action positions were issued 
more than twenty years ago. Pursuant to this guidance, and depending on the characteristics of the specific investments, certain 
mortgage-backed securities, other mortgage-related instruments, joint venture investments and the equity securities of other 
entities may not constitute qualifying real estate assets, and therefore, we may limit our investments in these types of assets.  
The SEC or its staff may not concur with the way we classify our assets. Future revisions to the Investment Company Act or 
further guidance from the SEC or its staff may cause us to no longer be in compliance with the exemption from the definition 
of an “investment company” provided by Section 3(c)(5)(C) and may force us to re-evaluate our portfolio and our investment 
strategy.    To the extent that the SEC or its staff provides more specific or different guidance, we may be required to adjust our 
strategy accordingly. Any additional guidance from the SEC or its staff could provide additional flexibility to us, or it could 
further inhibit our ability to pursue the strategies we have chosen.

25

A change in the value of any of our assets could cause us to fall within the definition of “investment company” and negatively 
affect our ability to be free from registration and regulation under the Investment Company Act.  To avoid being required to 
register the company or any of its subsidiaries as an investment company under the Investment Company Act, we may be 
unable to sell assets we would otherwise want to sell and may need to sell assets we would otherwise wish to retain.  Sales may 
be required during adverse market conditions, and we could be forced to accept a price below that which we would otherwise 
consider acceptable.  In addition, we may have to acquire additional income or loss generating assets that we might not 
otherwise have acquired or may have to forgo opportunities to acquire interests in companies that we would otherwise want to 
acquire and would be important to our investment strategy.  Any such selling, acquiring or holding of assets driven by 
Investment Company Act considerations could negatively affect the value of our common stock, our ability to make 
distributions and the sustainability of our business and investment strategies.

If we or our subsidiaries were required to register as an investment company but failed to do so, we or the applicable subsidiary 
would be prohibited from engaging in our or its business, and criminal and civil actions could be brought against us or the 
applicable subsidiary. In addition, our contracts would be unenforceable unless a court required enforcement, and a court could 
appoint a receiver to take control of us and liquidate our business.

Our rights, and the rights of our stockholders, to recover claims against our officers and directors are limited by Maryland 
law.

Maryland law provides that a director or officer has no liability in that capacity if he or she performs his or her duties in good 
faith, in a manner he or she reasonably believes to be in our best interest and with the care that an ordinary prudent person in a 
like position would use under similar circumstances. Our charter and bylaws require us to indemnify our directors and officers 
to the maximum extent permitted by Maryland law for any claim or liability to which they may become subject or which they 
may incur by reason of their service as directors or officers. Maryland law generally permits a corporation to indemnify its 
directors and officers for losses, liabilities and expenses unless it is established that: (i) the act or omission of the director or 
officer was material to the matter giving rise to the proceeding and was either committed in bad faith or was the result of active 
and deliberate dishonesty; (ii) the director or officer actually received an improper personal benefit in money, property or 
services; or (iii) in the case of a criminal proceeding, the director or officer had reasonable cause to believe that the act or 
omission was unlawful. As a result, we and our stockholders may have more limited rights against our directors and officers 
than might otherwise exist under common law, which could reduce our and our stockholders’ recovery from these persons if 
they act in a negligent or grossly negligent manner. In addition, we may be obligated to fund the defense costs incurred by our 
officers and directors in some cases.

Our articles place limits on the amount of common stock that any person may own without the prior approval of our board 
of directors.

To qualify as a REIT, no more than 50% of the outstanding shares of our common stock may be beneficially owned, directly or 
indirectly, by five or fewer individuals at any time during the last half of each taxable year. Our articles prohibit any persons or 
groups from owning more than 9.8% of our common stock without the prior approval of our board of directors. These 
provisions may have the effect of delaying, deferring or preventing a change in control of us, including an extraordinary 
transaction such as a merger, tender offer or sale of all or substantially all of our assets that might involve a premium price for 
holders of our common stock. Further, any person or group attempting to purchase shares exceeding these limits could be 
compelled to sell the additional shares and, as a result, to forfeit the benefits of owning the additional shares.

Our articles permit our board of directors to issue preferred stock on terms that may subordinate the rights of the holders of 
our current common stock or discourage a third party from acquiring us.

Our board of directors is permitted to issue preferred stock without stockholder approval. Further, our board may classify or 
reclassify any unissued preferred stock and establish the preferences, conversions or other rights, voting powers, restrictions, 
limitations as to dividends and other distributions, qualifications, and terms or conditions of redemption of any preferred stock. 
Thus, our board of directors could authorize us to issue shares of preferred stock with terms and conditions that could 
subordinate the rights of the holders of our common stock or have the effect of delaying, deferring or preventing a change in 
control of us, including an extraordinary transaction such as a merger, tender offer or sale of all or substantially all of our 
assets, that might provide a premium price for holders of our common stock.

Maryland law prohibits certain business combinations, which may make it more difficult for us to be acquired.

Under Maryland law, “business combinations” between a Maryland corporation and an interested stockholder or an affiliate of 
an interested stockholder are prohibited for five years after the most recent date on which the holder becomes an “interested 

26

stockholder.”  These business combinations include a merger, consolidation, share exchange or, in circumstances specified in 
the statute, an asset transfer or issuance or reclassification of equity securities. An “interested stockholder” is defined as: 

• 

• 

any person who beneficially owns 10% or more of the voting power of the then outstanding voting stock of the 
corporation; or
an affiliate or associate of the corporation who, at any time within the two-year period prior to the date in question, 
was the beneficial owner of 10% or more of the voting power of the then outstanding voting stock of the corporation.

A person is not an interested stockholder under the statute if the board of directors approved, in advance, the transaction by 
which the person otherwise would have become an interested stockholder.  However, in approving a transaction, the board of 
directors may condition its approval on compliance, at or after the time of approval, with any terms and conditions determined 
by the board.

After the expiration of the five-year period described above, any business combination between the Maryland corporation and 
an interested stockholder generally must be recommended by the board of directors of the corporation and approved by the 
affirmative vote of at least:

• 
• 

80% of the votes entitled to be cast by holders of the then outstanding shares of voting stock of the corporation; and
two-thirds of the votes entitled to be cast by holders of voting stock of the corporation other than shares held by the 
interested stockholder with whom or with whose affiliate the business combination is to be effected or held by an 
affiliate or associate of the interested stockholder.

These super-majority voting requirements do not apply if the corporation’s common stockholders receive a minimum price, as 
defined under Maryland law, for their shares in the form of cash or other consideration in the same form as previously paid by 
the interested stockholder for its shares.  Maryland law also permits various exemptions from these provisions, including 
business combinations that are exempted by the board of directors before the time that the interested stockholder becomes an 
interested stockholder.  The business combination statute may discourage others from trying to acquire control of us and 
increase the difficulty of consummating any offer.

Maryland law limits, in some cases, the ability of a third party to vote shares acquired in a “control share acquisition.”

Under the Maryland Control Share Acquisition Act, persons or entities owning “control shares” of a Maryland corporation 
acquired in a “control share acquisition” have no voting rights with respect to those shares except to the extent approved by a 
vote of two-thirds of the corporation's disinterested stockholders. Shares of stock owned by the acquirer or by officers or 
directors who are employees of the corporation, are not considered disinterested for these purposes. “Control shares” are shares 
of stock that, taken together with all other shares of stock the acquirer previously acquired, would entitle the acquirer to 
exercise voting power in electing directors within one of the following ranges of voting power:

• 
• 
• 

one-tenth or more but less than one-third of all voting power;
one-third or more but less than a majority of all voting power; or
a majority or more of all voting power.

Control shares do not include shares of stock the acquiring person is entitled to vote as a result of having previously obtained 
stockholder approval. A “control share acquisition” means the acquisition of control shares, subject to certain exceptions. The 
Control Share Acquisition Act does not apply to (1) shares acquired in a merger, consolidation or share exchange if the 
corporation is a party to the transaction or (2) acquisitions approved or exempted by our articles or bylaws.

Federal Income Tax Risks

If we fail to qualify as a REIT, we will have less cash to distribute to our stockholders.

Our qualification as a REIT depends on our ability to meet requirements regarding our organization and ownership, 
distributions of our income, the nature and diversification of our income and assets as well as other tests imposed by the Code. 
We cannot assure you that our actual operations for any one taxable year will satisfy these requirements. Further, new 
legislation, regulations, administrative interpretations or court decisions could significantly affect our ability to qualify as a 
REIT and/or the federal income tax consequences of our qualification as a REIT. If we were to fail to qualify as a REIT and did 
not qualify for certain statutory relief provisions:

27

•  we would not be allowed to deduct distributions paid to stockholders when computing our taxable income;
•  we would be subject to federal, state and local income tax (including any applicable alternative minimum tax) on our 

taxable income at regular corporate rates;

•  we would be disqualified from being taxed as a REIT for the four taxable years following the year during which we 

failed to qualify, unless we qualify for certain statutory relief provisions;

•  we would have less cash to pay distributions to stockholders; and
•  we may be required to borrow additional funds or sell some of our assets in order to pay the corporate tax obligations 

we may incur as a result of being disqualified.

In addition, if we were to fail to qualify as a REIT, all distributions to stockholders that we did pay would be subject to tax as 
regular corporate dividends to the extent of our current and accumulated earnings and profits. This means that our U.S. 
stockholders who are taxed at individual rates would be taxed on our dividends at long-term capital gains rates of up to 20% 
and that our corporate stockholders generally would be entitled to the dividends received deduction with respect to such 
dividends, subject, in each case, to applicable limitations under the Code.

We are seeking closing agreements with the Internal Revenue Service (the “IRS”) granting us relief for potential failures to 
satisfy certain REIT qualification requirements, and we may have to pay a significant penalty even if the IRS grants our 
requests.

A REIT is subject to a number of organizational and operational requirements, including a requirement that it currently 
distributes at least 90% of its REIT taxable income (subject to certain adjustments) to its stockholders (the “90% Distribution 
Test”). We have identified certain distribution and stockholder reimbursement practices that may have caused certain dividends 
paid by the consolidated Inland American REIT and MB REIT (Florida), Inc. (“MB REIT”) to be treated as preferential 
dividends, which cannot be used to satisfy the 90% Distribution Requirement. We have also identified the ownership of certain 
assets by the Inland American REIT and MB REIT that may have violated a REIT qualification requirement that prohibits a 
REIT from owning "securities" of any one issuer in excess of 5% of the REIT's total assets at the end of any calendar quarter 
(the "5% Securities Test"). In order to provide greater certainty with respect to the qualification of the Inland American REIT 
and MB REIT as REITs for federal income tax purposes, management concluded that it was in our best interest and the best 
interest of our stockholders to request closing agreements from the IRS for both the Inland American REIT and MB REIT with 
respect to such matters. Accordingly, on October 31, 2012, MB REIT filed a request for a closing agreement with the IRS. 
Additionally, we filed a separate request for a closing agreement on behalf of the Inland American REIT on March 7, 2013.

We identified certain aspects of the calculation of certain dividends on MB REIT's preferred stock and also aspects of the 
operation of certain "set aside" provisions with respect to accrued but unpaid dividends on certain classes of MB REIT's 
preferred stock that may have caused certain dividends to be treated as preferential dividends. In the case of the Inland 
American REIT, management identified certain aspects of the operation of the dividend reinvestment plan and distribution 
procedures and also certain reimbursements of stockholder expenses that may have caused certain dividends to be treated as 
preferential dividends. If these practices resulted in preferential dividends, the Inland American REIT and MB REIT would not 
have satisfied the 90% Distribution Requirement and thus may not have qualified as REITs, which would result in substantial 
corporate tax liability for the years in which the Inland American REIT or MB REIT failed to qualify as REITs.

In addition, the Inland American REIT and MB REIT made certain overnight investments in bank commercial paper. While the 
Code does not provide a specific definition of “cash item”, we believe that overnight commercial paper should be treated as a 
“cash item”, which is not treated as a “security” for purposes of the 5% Securities Test. If treated as a "security", the bank 
commercial paper would appear to have represented more than 5% of the respective REIT's total assets at the end of certain 
calendar quarters. In the event this commercial paper is treated as a "security", we anticipate that we would be required to pay 
corporate income tax on the income earned with respect to the portion of the commercial paper that violated the 5% Securities 
Test.

We can provide no assurance that the IRS will accept the Inland American REIT's or MB REIT's closing agreement requests. 
Our former business manager has agreed to pay any penalty the IRS requires as a condition of granting the closing agreements.

To maintain REIT status, we may be forced to borrow funds or dispose of assets during unfavorable market conditions to 
make distributions to our stockholders, which could increase our operating costs and decrease the value of an investment in 
our company.

To qualify as a REIT, we must comply with the 90% Distribution Test each year. At times, we may not have sufficient funds to 
satisfy the 90% Distribution Test and may need to borrow funds or dispose of assets to make these required distributions and 
maintain our REIT status and avoid the payment of income and excise taxes. Our inability to satisfy the the 90% Distribution 
28

Test with operating cash flow could result from (1) differences in timing between the actual receipt of cash and inclusion of 
income for federal income tax purposes; (2) the effect of non-deductible capital expenditures; (3) the creation of reserves; or (4) 
required debt amortization payments. We may need to borrow funds at times when market conditions are unfavorable. Further, 
if we are unable to borrow funds when needed for this purpose, we would have to find alternative sources of funding or risk 
losing our status as a REIT.

Even if we qualify as a REIT, we may face other tax liabilities that reduce our cash flows.

Even if we qualify for taxation as a REIT, we may be subject to certain federal, state and local taxes on our income and assets. 
For example:

•  We will be subject to tax on any undistributed income. We will be subject to a 4% nondeductible excise tax on the 

• 

amount, if any, by which distributions we pay in any calendar year plus amounts retained for which federal income tax 
was paid are less than the sum of 85% of our ordinary income, 95% of our capital gain net income and 100% of our 
undistributed income from prior years.
If we have net income from the sale of foreclosure property that we hold primarily for sale to customers in the 
ordinary course of business or other non-qualifying income from foreclosure property, we must pay a tax on that 
income at the highest corporate income tax rate.
If we sell a property, other than foreclosure property, that we hold primarily for sale to customers in the ordinary 
course of business, our gain would be subject to the 100% “prohibited transactions” tax.
•  Our taxable REIT subsidiaries are subject to regular corporate federal, state and local taxes.
•  We will be subject to a 100% penalty tax on transactions with a taxable REIT subsidiary that are not conducted on an 

• 

arm's-length basis.

Any of these taxes would decrease cash available for distributions to our stockholders.

The prohibited transactions tax may limit our ability to dispose of our properties , and we could incur a material tax liability 
if the IRS successfully asserts that the 100% prohibited transaction tax applies to some or all of our past or future 
dispositions.

A REIT's net income from prohibited transactions is subject to a 100% tax. In general, prohibited transactions are sales or other 
dispositions of property, other than foreclosure property, held primarily for sale to customers in the ordinary course of business. 
We may be subject to the prohibited transactions tax equal to 100% of net gain upon a disposition of a property.  As part of our 
plan to refine our portfolio, we have selectively disposed of certain of our properties in the past and intend to make additional 
dispositions in the future.  Although a safe harbor to the characterization of the sale of property by a REIT as a prohibited 
transaction is available, not all of our past dispositions have qualified for that safe harbor and some or all of our future 
dispositions may not qualify for that safe harbor. We believe that our past dispositions will not be treated as prohibited 
transactions, and we intend to avoid disposing of property that may be characterized as held primarily for sale to customers in 
the ordinary course of business. To avoid the prohibited transaction tax, we may choose not to engage in certain sales of our 
properties or may conduct such sales through a taxable REIT subsidiary, which would be subject to federal, state and local 
income taxation.  Moreover, no assurance can be provided that the IRS will not assert that some or all of our past or future 
dispositions are subject to the 100% prohibited transactions tax.  If the IRS successfully imposes the 100% prohibited 
transactions tax on some or all of our dispositions, the resulting tax liability could be material.

We may fail to qualify as a REIT if the IRS successfully challenges the valuation of our common stock used for purposes of 
our DRP.

In order to satisfy the 90% Distribution Requirement, the dividends we pay must not be “preferential.” A dividend determined 
to be preferential will not qualify for the dividends paid deduction. To avoid paying preferential dividends, we must treat every 
stockholder of a class of stock with respect to which we make a distribution the same as every other stockholder of that class, 
and we must not treat any class of stock other than according to its dividend rights as a class. For example, if certain 
stockholders receive a distribution that is more or less than the distributions received by other stockholders of the same class, 
the distribution will be preferential. If any part of a distribution is preferential, none of that distribution will be applied towards 
satisfying the 90% Distribution Requirement.

Stockholders participating in our DRP receive distributions in the form of shares of our common stock rather than in cash. 
Currently, the purchase price per share under our DRP is equal to 100% of the “market price” of a share of our common stock. 
Because our common stock is not yet listed for trading, for these purposes, “market price” means the fair market value of a 
share of our common stock, as estimated by us. In the past, our DRP has offered participants the opportunity to acquire newly-

29

issued shares of our common stock at a discount to the “market price.” Pursuant to an IRS ruling, the prohibition on preferential 
dividends does not prohibit a REIT from offering shares under a distribution reinvestment plan at discounts of up to 5% of fair 
market value, but a discount in excess of 5% of the fair market value of the shares would be considered a preferential dividend. 
Any discount we have offered in the past was intended to fall within the safe harbor for such discounts set forth in the ruling 
published by the IRS. However, the fair market value of our common stock has not been susceptible to a definitive 
determination. If the purchase price under our DRP is deemed to have been at more than a 5% discount at any time, we would 
be treated as having paid one or more preferential dividends. Similarly, we would be treated as having paid one or more 
preferential dividends if the IRS successfully asserted that the value of the common stock distributions paid to stockholders 
participating in our DRP exceeded on a per-share basis the cash distribution paid to our other stockholders, which could occur 
if the IRS successfully asserted that the fair market value of our common stock exceeded the “market value” used for purposes 
of calculating the distributions under our DRP. If we are determined to have paid preferential dividends as a result of our DRP, 
we would likely fail to qualify as a REIT.

Complying with the REIT requirements may force us to liquidate otherwise attractive investments.

To maintain qualification as a REIT, we must ensure that at the end of each calendar quarter, at least 75% of the value of our 
assets consists of cash, cash items, government securities and qualified real estate assets, including shares of stock in other 
REITs, certain mortgage loans and mortgage-backed securities. The remainder of our investment in securities (other than 
governmental securities, qualified real estate assets and securities of taxable REIT subsidiaries) generally cannot include more 
than 10% of the outstanding voting securities of any one issuer or more than 10% of the total value of the outstanding securities 
of any one issuer. In addition, in general, no more than 5% of the value of our assets (other than government securities, 
qualified real estate assets and securities of taxable REIT subsidiaries) can consist of the securities of any one issuer, and no 
more than 25% of the value of our total securities can be represented by securities of one or more taxable REIT subsidiaries. If 
we fail to comply with these requirements at the end of any calendar quarter, we must correct the failure within thirty days after 
the end of the calendar quarter to avoid losing our REIT status and suffering adverse tax consequences. As a result, we may be 
required to liquidate otherwise attractive investments in order to maintain our REIT status.

If our leases are not respected as true leases for federal income tax purposes, we would fail to qualify as a REIT.

To qualify as a REIT, we must satisfy two gross income tests, pursuant to which specified percentages of our gross income 
must be passive income such as rent. For the rent we receive under our lease to be treated as qualifying income for purposes of 
the gross income tests, the leases must be respected as true leases for federal income tax purposes and must not be treated as 
service contracts, joint ventures or some other type of arrangement. There are no controlling Treasury regulations, published 
rulings or judicial decisions involving leases with terms substantially the same as our hotel leases that discuss whether such 
leases constitute true leases for federal income tax purposes. We believe that all of our leases, including our hotel leases, will be 
respected as true leases for federal income tax purposes. There can be no assurance, however, that the IRS will agree with this 
characterization. If a significant portion of our leases were not respected as true leases for federal income tax purposes, we 
would not be able to satisfy either of the two gross income tests and each would likely lose its REIT status.

If MB REIT failed to qualify as a REIT, we would likely fail to qualify as a REIT.

We own 100% of the common stock of MB REIT, which owns a significant portion of our properties and has elected to be 
taxed as a REIT for federal income tax purposes. MB REIT is subject to the various REIT qualification requirements and other 
limitations that apply to us. We believe that MB REIT has operated and will continue to operate in a manner to permit it to 
qualify for taxation as a REIT for federal income tax purposes. However, if MB REIT were to fail to qualify as a REIT, then (1) 
MB REIT would become subject to regular corporation income tax and (2) our ownership of shares MB REIT would cease to 
be a qualifying real estate asset for purposes of the 75% asset test applicable to REITs and would become subject to the 5% 
asset test, the 10% vote test, and the 10% value test generally applicable to our ownership in corporations other than REITs, 
qualified REIT subsidiaries and taxable REIT subsidiaries. If MB REIT were to fail to qualify as a REIT, we would not satisfy 
the 5% asset test, the 10% value test, or the 10% vote test, in which event we would fail to qualify as a REIT unless we 
qualified for certain statutory relief provisions.

If our hotel managers do not qualify as “eligible independent contractors,” we would fail to qualify as a REIT.

Rent paid by a lessee that is a “related party tenant” of ours will not be qualifying income for purposes of the two gross income 
tests applicable to REITs. We lease our hotels to certain of our taxable REIT subsidiaries. A taxable REIT subsidiary will not be 
treated as a “related party tenant,” and will not be treated as directly operating a lodging facility, which is prohibited, to the 
extent that hotels that our taxable REIT subsidiaries lease are managed by an “eligible independent contractor.”

30

We believe that the rent paid by our taxable REIT subsidiaries that lease our hotels is qualifying income for purposes of the 
REIT gross income tests and that our taxable REIT subsidiaries qualify to be treated as “taxable REIT subsidiaries” for federal 
income tax purposes, but there can be no assurance that the IRS will not challenge this treatment or that a court would not 
sustain such a challenge. If the IRS successfully challenged this treatment, we would likely fail to satisfy the asset tests 
applicable to REITs and a significant portion of our income would fail to qualify for the gross income tests. If we failed to 
satisfy either the asset or gross income tests, we would likely lose our REIT qualification for federal income tax purposes, 
unless we qualified for certain statutory relief provisions.

If our hotel managers do not qualify as “eligible independent contractors,” we may fail to qualify as a REIT. Each of the hotel 
management companies that enters into a management contract with our taxable REIT subsidiaries that lease our hotels must 
qualify as an “eligible independent contractor” under the REIT rules in order for the rent paid to us by taxable REIT 
subsidiaries to be qualifying income for gross income tests. Among other requirements, in order to qualify as an eligible 
independent contractor, (1) a manager must be actively engaged in the trade or business of operating hotels for third parties at 
the time the manger enters into a management contract with a taxable REIT subsidiary lessee and (2) the manager must not 
own more than 35% of our outstanding shares (by value) and no person or group of persons can own more than 35% of our 
outstanding shares and the ownership interests of the manager. Although we believe that all of our hotel managers qualify as 
eligible independent contractors, no complete assurance can be provided that the IRS will not successfully challenge that 
position.

Complying with REIT requirements may limit our ability to hedge effectively.

The REIT provisions of the Code may limit our ability to hedge the risks inherent to our operations. Under current law, any 
income that we generate from derivatives or other transactions intended to hedge our interest rate risk with respect to 
borrowings made to acquire or carry real estate assets generally will not constitute gross income for purposes of the two gross 
income tests applicable to REITs, so long as we clearly identify any such transactions as hedges for tax purposes before the 
close of the day on which they are acquired or entered into and we satisfy other identification requirements. In addition, any 
income from other hedging transactions would generally not constitute gross income for purposes of both the gross income 
tests. Accordingly, we may have to limit the use of hedging techniques that might otherwise be advantageous, which could 
result in greater risks associated with interest rate or other changes than we would otherwise incur.

Legislative or regulatory action could adversely affect you.

Changes to the tax laws are likely to occur, and these changes may adversely affect the taxation of our stockholders. Any such 
changes could have an adverse effect on an investment in our shares or on the market value or the resale potential of our assets. 
Future legislation might result in a REIT having fewer tax advantages, and it could become more advantageous for a company 
that invests in real estate to elect to be taxed, for federal income tax purposes, as a corporation. As a result, our charter provides 
our board of directors with the power, under certain circumstances, to revoke or otherwise terminate our REIT election and 
cause us to be taxed as a corporation, without the vote of our stockholders. Our board of directors has fiduciary duties to us and 
our stockholders and could only cause changes in our tax treatment if it determines in good faith that such changes are in the 
best interest of our stockholders.  You are urged to consult with your own tax advisor with respect to the status of legislative, 
regulatory or administrative developments and proposals and their potential effect on an investment in our stock.

The taxation of dividends may adversely affect the value of our stock.

The maximum tax rate applicable to “qualified dividend income” payable to U.S. stockholders that are taxed at individual rates 
is 20%.  Dividends payable by REITs, however, are generally not eligible for the reduced rates on qualified dividend income.  
The more favorable rates applicable to regular corporate qualified dividends could cause investors who are taxed at individual 
rates to perceive investments in REITs to be relatively less attractive than investments in the stocks of non-REIT corporations 
that pay dividends, which could adversely affect the value of the shares of REITs, including our stock.

Item 1B. Unresolved Staff Comments

None.

31

Item 2. Properties

We own interests in retail, lodging, student housing, and non-core properties. As of December 31, 2013, we, directly or 
indirectly, including through joint ventures in which we have a controlling interest, owned an interest in 178 properties, 
excluding our lodging and development properties, located in 31 states and the District of Columbia. In addition, we, through 
our wholly-owned subsidiaries, Inland American Winston Hotels, Inc., Inland American Orchard Hotels, Inc., Inland American 
Urban Hotels, Inc., and Inland American Lodging Corporation, own 99 lodging properties in 26 states and the District of 
Columbia. (Dollar amounts stated in thousands, except for revenue per available room, average daily rate and average rent per 
square foot).

Not included in the property count of 178 properties are 224 properties that are held for sale as of December 31, 2013.  These 
224 properties are expected to be sold in 2014.  In accordance with GAAP, we classify properties as held for sale when certain 
criteria are met.  On the day that the criteria are met, we suspend depreciation on the properties held for sale, including 
depreciation for tenant improvements and additions, as well as the amortization of acquired in-place leases.  Although we still 
hold these properties as of December 31, 2013,  the assets and liabilities associated with those investment properties that are 
held for sale are classified separately on the consolidated balance sheets for the most recent reporting period and recorded at the 
lesser of the carrying value or fair value less costs to sell.  At December 31, 2013, these assets were recorded at their carrying 
value.  Furthermore, the operations for the periods presented are classified on the consolidated statements of operations and 
other comprehensive income as discontinued operations for all periods presented.  

General

The following table sets forth information regarding the ten largest individual tenants in descending order based on annualized 
rent paid in 2013 but excluding our lodging and student housing properties.  Annualized rent is computed as revenue for the last 
month of the period multiplied by twelve months.  Average rent per square foot is computed as annualized rent divided by the 
total occupied square footage at the end of the period.  Annualized rent includes the effect of rent abatements, lease 
inducements and straight-line rent GAAP adjustments.  Physical occupancy is defined as the percentage of total gross leasable 
area actually used or occupied by a tenant.  Economic occupancy is defined as the percentage of total gross leasable area for 
which a tenant is obligated to pay rent under the terms of its lease agreement, regardless of the actual use or occupation by that 
tenant of the area being leased.  

Type
Tenant Name
AT&T
Non-core
The Geo Group, Inc. Non-core
Ross Dress for Less
Lockheed Martin
Best Buy
Imagine
Publix
Tom Thumb
Bed Bath & Beyond
Petsmart
Totals

Retail
Non-core
Retail
Non-core
Retail
Retail
Retail
Retail

Total Annualized 
Rental Income 
2013 ($)

$28,087
9,850
8,407
8,007
7,790
7,687
6,011
5,875
4,883
4,772
$91,369

Percent of 
Total Annualized 
Income
9.40%
3.30%
2.81%
2.68%
2.61%
2.57%
2.01%
1.97%
1.63%
1.60%

Gross Leasable
Area

1,943,177
301,029
823,616
347,233
551,785
364,710
664,287
626,533
464,970
371,615
6,458,955

Percentage of Gross
Leasable Area
8.99%
1.39%
3.81%
1.61%
2.55%
1.69%
3.07%
2.90%
2.15%
1.72%

The following sections set forth certain summary information about the character of the properties that we owned at 
December 31, 2013.   Certain of the Company’s properties, both continuing and those classified as held for sale, are 
encumbered by mortgages, totaling $4,731,709. Additional detail about the properties can be found on Schedule III – Real 
Estate and Accumulated Depreciation.

32

 
Retail Segment

As of December 31, 2013, our retail segment consisted of 119 properties, with an average of approximately 143,000 square feet 
of total space, located in stable communities, primarily in the eastern regions of the country. Our retail tenants are largely 
necessity-based retailers such as grocery and pharmacy. We own the following types of retail centers:

•  Community or neighborhood centers which are generally open air and designed for tenants that offer a larger array of 
apparel and other soft goods. Typically, community centers contain anchor stores and other national retail tenants. Our 
neighborhood shopping centers are generally in-line strip centers with a grocery store anchor, a drugstore, and other 
small retailers. Tenants of these centers typically offer necessity-based products.

• 

Power centers consist of several anchors, such as department stores, off-price stores, warehouse clubs or stores that 
offer a large selection of merchandise. Typically, the number of specialty tenants is limited.

We have not experienced bankruptcies or receivable write-offs in our retail portfolio that have materially impacted our result of 
operations.  Our retail business is not highly dependent on specific retailers or specific retail industries, which we believe 
shields the portfolio from significant revenue variances over time.

The following table reflects the types of properties within our retail segment as of December 31, 2013.

Retail Properties

Community &
Neighborhood Center
Power Center

Number
of
Properties

Total Gross
Leasable 
Area (GLA)
(Sq. Ft.)

Percentage of 
Economic
Occupancy as of
December 31,
2013

Total Number of
Financially
Active Leases 
as of
December 31, 2013

Total
Annualized
Rent ($)

Average 
Rent
PSF ($)

70
49
119

6,433,110
10,598,387
17,031,497

90%
91%
91%

981
1,036
2,017

$82,359
126,904
$209,263

$14.29
13.14
$13.57

The following table represents lease expirations for the retail segment:

Lease Expiration Year
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Thereafter

Number of
Expiring 
Leases
279
334
315
353
287
156
57
48
44
47
91
2,011

GLA of 
Expiring
Leases 
(Sq. Ft.)

1,195,197
2,215,575
1,837,929
1,827,469
1,853,358
1,977,913
795,303
510,207
802,338
701,950
1,694,491
15,411,730

Annualized
Rent of 
Expiring
Leases ($)

$16,975
27,678
26,206
31,418
27,701
24,954
11,096
6,794
9,975
9,706
18,388
$210,890

Percent of
Total GLA
7.8%
14.4%
11.9%
11.8%
12.0%
12.8%
5.2%
3.3%
5.2%
4.6%
11.0%
100%

Percent of 
Total
Annualized 
Rent
8.0%
13.1%
12.4%
14.9%
13.2%
11.8%
5.4%
3.2%
4.7%
4.6%
8.7%
100%

Expiring
Rent/Square
Foot ($)

$14.20
12.49
14.26
17.19
14.95
12.62
13.95
13.32
12.43
13.83
10.85
$13.68

We believe the percentage of leases expiring over the next five years of 12%, is a manageable percentage of lease rollover.  We 
believe that we have staggered our lease expirations so that we can manage lease rollover.

33

 
The following table represents lease spread metrics for leases that commenced in 2013 compared to expiring leases for the prior 
tenant in the same unit:

Number of
Leases
Commenced
2013

GLA SF

New
Contractual
Rent per Square
Foot ($PSF) (a)

Prior
Contractual
Rent ($PSF)
(a)

% Change over
Prior Contract
Rent (a)

Weighted
Average
Lease Term
(b)

Tenant
Improvement
Allowance
($PSF)

Lease
Commissions
($PSF)

249

1,200,378

$15.72

$15.27

3.0%

40

282,739

13.96

12.54

11.3%

Comparable
Renewal
Leases (c)
Comparable
New Leases
(c)

Non-
Comparable
Renewal and
New Leases

4.34

4.64

4.86

4.50

$0.35

$0.05

5.89

2.45

11.34

$3.58

3.60

$1.18

87

415,211

12.03

—

Total

376

1,898,328

$15.38

$14.75

—%

4.3%

(a) Non-comparables are not included in totals. 
(b) Month-to-month leases do not have expiration date and are not included in weighted avg lease term.
(c) Comparable lease is defined as a lease that meets all of the following criteria: same unit, leased within one year of prior 
tenant, square footage of unit stayed the same or within 10% of prior unit square footage.  

In 2013, we executed 121 new leases and 255 renewals for 1.9 million square feet of GLA, of which 40 and 249 were 
comparable, respectively.  For our comparable new leases, contractual base rent increased 11.3% from prior contractual base 
rent, going from $12.54 to $13.96 per square foot. The weighted average term is 4.64 years, with tenant improvement 
allowances at $5.89 per square foot and lease commissions at $2.45 per square foot. Similarly, our comparable renewed leases 
saw rent growth of 2.91%, increasing from $15.27 to $15.72 per square foot. The weighted average term is 4.34 years, with 
tenant improvement allowances at $0.35 per square foot and lease commissions at $0.05 per square foot. We also had 87 non-
comparable leases commence in 2013 with contractual base rents starting at $12.03 per square foot and a weighted average 
term of 4.86 years. Tenant improvement allowances and lease commissions were $11.34 and $3.60 per square foot, 
respectively.

Tenant improvements allowances were primarily given for our new leases. The largest four leases represent 29% of the total 
given.  Lease commissions were also primarily paid to our brokers for our new deals. The largest two commissions comprised 
16% of the total paid.

As of December 31, 2012, we had 364 leases set to expire in 2013 of which the gross leaseable area of those leases was 1.5 
million square feet. We are encouraged by our 2013 lease activity having achieved a comparable new and renewal rate of 
approximately 80% by number of leases. 

Lodging Segment

Lodging facilities have characteristics different from those found in retail, student housing, and non-core properties. Revenue, 
operating expenses, and net income of lodging properties are directly tied to the daily hotel sales operation whereas these other 
asset classes generate revenue from medium to long-term lease contracts.  Lodging facilities have the benefit of capturing 
increased revenue opportunities on a daily or weekly basis but are also subject to immediate decreases in lodging revenue as a 
result of declines in daily rental rates or daily occupancy when demand is reduced. Due to seasonality, we expect our lodging 
revenues to be greater during the second and third quarters with lower revenues in the first and fourth quarters.

We follow two practices common for REITs that own lodging properties: 1) association with national franchise organizations 
and 2) management of the properties by third-party hotel managers. We have aligned our portfolio with what we believe are the 
top franchise enterprises in the lodging industry: Marriott, Hilton, Intercontinental, Hyatt, Fairmont, and Starwood Hotels.  By 
entering into franchise agreements with these organizations, we believe our lodging operations benefit from enhanced 
advertising, marketing, and sales programs through the franchisor (in this case, the organization) while the franchisee (in this 
case, us) pays only a fraction of the overall cost for these programs.  Additionally, by using the franchise system we are also 
able to benefit from the frequent traveler rewards programs or “point awards” systems of the franchisor which we believe 
further bolsters occupancy and overall daily rental rates.

34

The majority of our lodging facilities and these franchise enterprises are classified in the “upscale” or “upper-upscale” lodging 
categories. The classifications are defined by Smith Travel Research, an independent provider of lodging industry statistical 
data.  The classification of a property is based on lodging industry standards, which take into consideration many factors such 
as guest facilities and amenities, level of service and quality of accommodations.

The following table reflects the types of properties within our lodging segment as of December 31, 2013.

Lodging Properties
Luxury
Upper-Upscale
Upscale
Upper-Midscale

Number
of
Properties
5
27
62
5
99

Number 
of
Rooms
1,281
8,319
9,020
717
19,337

Average
Occupancy for
the Year ended
December 31, 2013
68%
73%
74%
76%
73%

Average Revenue Per
Available Room for
the Year ended
December 31, 2013 ($)
$126
114
97
100
$105

Average Daily
Rate for the
Year 2013 ($)
$185
156
130
132
$143

Student Housing Segment

Our student housing portfolio consists of residential and mixed-use communities located close to university campuses and in 
urban infill locations.  The student housing properties are high-end properties with amenities such as fitness centers, swimming 
pools, multimedia lounges, and sports courts.  Most of the properties are marketed under the "University House" brand.  We are 
increasing the size of our student housing portfolio through acquisitions and developments.  In 2013, we acquired three 
properties and placed one property in service.  The properties are leased on a per bed basis and typically are one year leases 
commencing in the fall season in conjunction with the beginning of the school year. 

The following table reflects the types of properties within our student-housing segment as of December 31, 2013.

Number of
Properties
14

Total Beds
8,290

% of Economic
Occupancy as of
December 31, 2013
92%

Total No. of
Beds Occupied
7,632

Rent per
Bed ($)
$724

Student Housing

Non-core Segment

We are executing our long-term portfolio strategy by focusing on three specific real estate asset classes - retail, lodging, and 
student housing.  The remaining assets outside of these asset classes are grouped together in the non-core segment.  Our non-
core segment is comprised of office properties, office and retail bank branches, single tenant retail properties, net lease 
properties and one conventional multi-family property.  

The following table reflects the types of properties within our non-core segment as of December 31, 2013.

Non-core
Single tenant retail
Office
Correctional facility
Charter schools
Distribution centers
Conventional multi-
family

Number of
Properties
10
10
2
8
14

1

45

Total Gross
Leasable 
Area
(Sq. Ft.)

317,832
3,551,858
457,345
364,710
2,371,404

194,097

7,257,246

Percentage of 
Economic
Occupancy as of
December 31,
2013
91%
85%
100%
100%
87%

Total No. of
Financially
Active Leases 
as of
December 31, 2013
7
20
2
8
25

246

308

97%

88%

35

Sum of
Annualized
Rent ($)

$

$

3,571
51,099
12,076
7,687
15,124

3,462

93,019

Average Rent
PSF / Unit ($)
$12.32
16.93
26.40
21.08
7.33

$1,173

 
The following table represents lease expirations for the non-core segment, exclusive of multi-family lease activity:

Lease Expiration Year
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Thereafter

Number of
Expiring 
Leases
10
9
11
5
8
4
2
2
1
—
10
62

GLA of 
Expiring
Leases 
(Sq. Ft.)

Annualized
Rent of 
Expiring
Leases ($)

935,350
217,089
2,315,448
270,775
345,044
676,863
329,909
226,979
20,845
—
854,359
6,192,661

$9,351
2,560
33,732
5,167
7,721
8,370
10,127
3,268
575
—
9,536
$90,408

Percent of
Total GLA
15.1%
3.5%
37.4%
4.4%
5.6%
10.9%
5.3%
3.7%
0.3%
—%
13.8%
100%

Percent of 
Total
Annualized 
Rent
10.3%
3.0%
37.3%
5.7%
8.5%
9.3%
11.2%
3.6%
0.6%
—%
10.5%
100%

Expiring
Rent/Square
Foot ($)

$10.00
11.79
14.57
19.08
22.38
12.37
30.70
14.40
27.58
—
11.16
$14.60

We believe the percentage of leases expiring over the next five years, ranging from 3% to 10%, except for 2016, is a 
manageable percentage of lease rollover.  In 2016, the lease expires for a property with approximately 1.7 million square feet, 
occupied by AT&T in Hoffman Estates, Illinois, which is in the greater metro Chicago market.

36

Item 3. Legal Proceedings

As previously disclosed, the SEC is conducting a non-public, formal, fact-finding investigation ("SEC Investigation") to 
determine whether there have been violations of certain provisions of the federal securities laws regarding our business 
manager fees, property management fees, transactions with our affiliates, timing and amount of distributions paid to our 
investors, determination of property impairments, and any decision regarding whether we might become a self-administered 
REIT. We have not been accused of any wrongdoing by the SEC. We also have been informed by the SEC that the existence of 
this investigation does not mean that the SEC has concluded that anyone has broken the law or that the SEC has a negative 
opinion of any person, entity, or security. We have been cooperating fully with the SEC.

We cannot reasonably estimate the timing of the investigation, nor can we predict whether or not the investigation might have a
material adverse effect on our business.  

We have also received  related demands (“Derivative Demands”) by stockholders to conduct investigations regarding claims 
that  our officers,  our board of directors,  our former business manager, and  affiliates of  our former business manager (the 
“Inland American Parties”) breached their fiduciary duties to us in connection with the matters that we disclosed are subject to 
the SEC Investigation.  The first Derivative Demand claims that the Inland American Parties (i) falsely reported the value of 
our common stock until September 2010; (ii) caused us to purchase shares of our common stock from stockholders at prices in 
excess of their value; and (iii) disguised returns of capital paid to stockholders as REIT income, resulting in the payment of fees 
to our former  business manager for which it was not entitled.  The three stockholders in that demand contend that legal 
proceedings should seek recovery of damages in an unspecified amount allegedly sustained by us. The second Derivative 
Demand by another shareholder makes similar claims and further alleges that the Inland American Parties (i) caused us to 
engage in transactions that unduly favored related parties, (ii) falsely disclosed the timing and amount of distributions, and (iii) 
falsely disclosed whether we might become a self-administered REIT.  We also received a letter from another stockholder that 
fully adopts and joins in the first Derivative Demand, but makes no additional demands on us to perform investigation or 
pursue claims.

Upon receiving the first of the Derivative Demands, the full board of directors responded by authorizing the independent 
directors to investigate the claims contained in the first Derivative Demand, any subsequent stockholder demands, as well as 
any other matters the independent directors see fit to investigate, including matters related to the SEC Investigation.  Pursuant 
to this authority, the independent directors have formed a special litigation committee that is comprised solely of independent 
directors to review and evaluate the matters referred by the full Board to the independent directors, and to recommend to the 
full Board any further action as is appropriate.  The special litigation committee is investigating these claims with the assistance 
of independent legal counsel and will make a recommendation to the Board of Directors after the committee has completed its 
investigation.

On March 21, 2013, counsel for the stockholders who made the first Derivative Demand filed a derivative lawsuit in the Circuit 
Court of Cook County, Illinois, on behalf of the Company.  The case has been stayed pending completion of the special 
litigation committee's investigation.  We cannot reasonably estimate the timing of the special litigation committee investigation 
or the Derivative Demands, nor can we predict whether or not the special litigation committee investigation or Derivative 
Demands might have a material adverse effect on our business. 

On April 26, 2013, two of our stockholders filed a putative class action in the United States District Court for the Northern 
District of Illinois against the Company, and current members and one former member of our board of directors ("the 
Defendants").  The complaint sought damages on behalf of plaintiffs and similarly situated individuals who purchased 
additional shares in the Company pursuant to our Distribution Reinvestment Plan ("DRP") on or after March 30, 2009.  
Plaintiffs allege that the Defendants breached their fiduciary duties to plaintiffs and to members of the putative class by 
inflating the yearly estimated share price announced by the Company and by selling shares in the DRP to plaintiffs and 
members of the putative class at those allegedly inflated prices.  On November 18, 2013, the class action complaint was 
dismissed with prejudice for failing to state a claim that would entitle the plaintiffs to relief.  The Court disagreed with the 
plaintiffs' allegations, noting in its memorandum opinion and order that the Company’s public disclosures fully described the 
manner in which the board estimated share value for the Company’s stock sold through the DRP. The Court entered judgment 
in favor of the Defendants. The plaintiffs appealed the judgment. As of February 26, 2014, the parties entered into a settlement 
agreement whereby the plaintiffs agreed to dismiss their appeal in exchange for a cash settlement from the Company. We 
believe that the amount of this settlement is not material, and is less than the amount the Defendants would have incurred in 
defending the appeal. 

Item 4. Mine Safety Disclosures

Not applicable.

37

PART II

Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity 
Securities.

Market Information

Our shares of common stock are not listed on a national securities exchange and there is not otherwise an established public 
trading market for our shares.  We publish an estimated per share value of our common stock to assist broker dealers that sold 
our common stock in our initial and follow-on “best efforts” offerings to comply with the rules published by the Financial 
Industry Regulatory Authority (“FINRA”).  On December 27, 2013, we announced an estimated value of our common stock 
equal to $6.94 per share.

The audit committee of our board of directors (“Audit Committee”) engaged Real Globe Advisors, LLC (“Real Globe”), an 
independent third-party real estate advisory firm to estimate the per share value of our common stock on a fully diluted basis as 
of December 31, 2013. Real Globe has extensive experience estimating the fair values of commercial real estate. The report 
furnished to the Audit Committee by Real Globe complies with the reporting requirements set forth under Standard Rule 2-2(b) 
of the Uniform Standards of Professional Appraisal Practice and is certified by a member of the Appraisal Institute with the 
MAI designation. The Real Globe report, dated December 17, 2013, reflects values as of December 31, 2013. Real Globe does 
not have any direct or indirect interests in any transaction with us or in any currently proposed transaction to which we are a 
party, and there are no conflicts of interest between Real Globe, on one hand, and ourselves, the business manager or any of our 
directors, on the other. 

To estimate our per share value, Real Globe utilized the “net asset value” or “NAV” method which is based on the fair value of 
real estate, real estate related investments and all other assets, less the fair value of our total liabilities. The fair value estimate 
of our real estate assets is equal to the sum of the fair value estimates for its individual real estate assets. Generally, Real Globe 
estimated the value of our wholly owned real estate and real estate-related assets, such as joint ventures, using a discounted 
cash flow or “DCF” of projected net operating income, less capital expenditures, for each property, for the ten-year period 
ending December 31, 2023, and applying a “market supported” discount rate and capitalization rate. For all other assets 
including cash, other current assets and marketable securities, fair value was determined separately.  Real Globe also estimated 
the fair value of our long-term debt obligations, including the current liabilities, by comparing current market interest rates to 
the contract rates on our long-term debt and discounting to present value the difference in future payments. Real Globe 
determined NAV in a manner consistent with the definition of fair value under U.S. generally accepted accounting principles 
set forth in Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) 820 Fair Value 
Measurements and Disclosures.

Our business manager analyzed Real Globe’s report, which was based on capitalization and discount rates derived from third 
quarter 2013 industry published reports. For its analysis, the business manager used fourth quarter 2013 market data, from both 
third party sources and management’s industry knowledge (including the Company’s recent experience buying and selling real 
estate assets) to assess current trends and potential values. Based on this analysis, our business manager recommended to our 
Audit Committee an estimated share value within the Real Globe range, equal to $6.94 per share. On December 19, 2013, the 
Audit Committee met to review and discuss Real Globe’s report and our business manager’s recommendation. After meeting 
with each of them, the Audit Committee unanimously adopted a resolution accepting the Real Globe analysis and our business 
manager’s recommendation. At a full meeting of our board of directors also held on December 19, 2013, the Audit Committee 
made a recommendation to the board that the Company publish an estimate of share value as of December 31, 2013 equal to 
$6.94 per share. The board unanimously adopted this recommendation of estimated per share value, which assumes a weighted 
average exit capitalization rate equal to 7.52% and a discount rate equal to 9.16%. Real Globe considered this reasonable 
because each fell within the range of values included in its report.

As with any methodology used to estimate value, the methodology employed by Real Globe and the recommendations made by 
our business manager were based upon a number of estimates and assumptions that may not be accurate or complete. Further, 
different parties using different assumptions and estimates could derive a different estimated value per share, which could be 
significantly different from our estimated value per share. The estimated per share value does not represent the: (i) the amount at 
which our shares would trade at a national securities exchange, (ii) the amount a stockholder would obtain if he or she tried to sell 
his or her shares or (iii) the amount stockholders would receive if we liquidated our assets and distributed the proceeds after paying 
all of our expenses and liabilities. Accordingly, with respect to the estimated value per share, we can give no assurance that: 

• 

a stockholder would be able to resell his or her shares at this estimated value;

38

• 

• 

• 

a stockholder would ultimately realize distributions per share equal to our estimated value per share upon liquidation 
of our assets and settlement of our liabilities or a sale of the Company;

our shares would trade at a price equal to or greater than the estimated value per share if we listed them on a national 
securities exchange; or

the methodology used to estimate our value per share would be acceptable to FINRA or that the estimated value 
per share will satisfy the applicable annual valuation requirements under the Employee Retirement Income 
Security Act of 1974, as amended (“ERISA”) and the Internal Revenue Code of 1986, as amended (the “Code”) 
with respect to employee benefit plans subject to ERISA and other retirement plans or accounts subject to 
Section 4975 of the Code.

The estimated value per share was unanimously adopted by our board on December 19, 2013 and reflects the fact that the 
estimate was calculated at a moment in time. The value of our shares will likely change over time and will be influenced by 
changes to the value of our individual assets as well as changes and developments in the real estate and capital markets. We 
currently expect to update our estimated value per share at least every twelve months. Nevertheless, stockholders should not 
rely on the estimated value per share in making a decision to buy or sell shares of our common stock.

Share Repurchase Program

Our board of directors adopted a share repurchase program, which became effective August 31, 2005 and was suspended as of 
March 30, 2009. Our board later adopted an Amended and Restated Share Repurchase Program, which was effective from 
April 11, 2011 through January 31, 2012. Our board subsequently adopted a Second Amended and Restated Share Repurchase 
Program (the “Second Amended Program”), which became effective February 1, 2012 and was suspended as of February 28, 
2014. The board voted to suspend the Second Amended Program on January 29, 2014.  We anticipate reinstating the Share 
Repurchase Program later in the year. 

Under the Second Amended Program, we were permitted to repurchase shares of our common stock, on a quarterly basis, from 
the beneficiary of a stockholder that had died or from stockholders that had a “qualifying disability” or were confined to a 
“long-term care facility” (together, referred to herein as “hardship repurchases”). We were authorized to repurchase shares at a 
price per share equal to 100% of the most recently disclosed estimated per share value of our common stock, which was equal 
to $6.93 per share as of December 19, 2012 and $6.94 per share as of December 27, 2013. Our obligation to repurchase any 
shares under the Second Amended Program was conditioned upon our having sufficient funds available to complete the 
repurchase. Our board had initially reserved $10.0 million per calendar quarter for the purpose of funding repurchases 
associated with death and $15.0 million per calendar quarter for the purpose of funding hardship repurchases. In addition, 
notwithstanding anything to the contrary, at no time during any consecutive twelve month period may the aggregate number of 
shares repurchased under the Second Amended Program have exceeded 5.0% of the aggregate number of issued and 
outstanding shares of our common stock at the beginning of the twelve month period. For any calendar quarter, if the number of 
shares accepted for repurchase would have caused us to exceed the 5.0% limit, repurchases for death would have taken priority 
over any hardship repurchases, in each case in accordance with the procedures, and subject to the funding limits, described in 
the Second Amended Program and summarized herein.

If, on the other hand, the funds reserved for either category of repurchase under the Second Amended Program were 
insufficient to repurchase all of the shares for which repurchase requests have been received for a particular quarter, or if the 
number of shares accepted for repurchase would have caused us to exceed the 5.0% limit, we would have repurchased the 
shares in the following order:

• 

• 

for death repurchases, we would repurchase shares in chronological order, based upon the beneficial owner’s date of 
death; and

for hardship repurchases, we would repurchase shares on a pro rata basis, up to, but not in excess of, the limits 
described herein; provided, that in the event that the repurchase would result in a stockholder owning less than 150 
shares, we would repurchase all of that stockholder’s shares.

The table below outlines the shares of common stock we repurchased pursuant to the Second Amended Program during the 
three months ended December 31, 2013:

39

 
Total Number of
Share Requests (2)

Total Number of
Shares 
Repurchased (2)

Average
Price Paid per
Share

Total Number of
Shares Purchased
as Part of Publicly
Announced Plans
or Programs (1)

Maximum
Number of Shares
That May Yet be
Purchased Under the
Plans or Programs

As of month ended,
October 31, 2013 (3)

November 30, 2013

December 31, 2013 (4)

1,077,829

—

—

1,731,356

$

—

—

6.93

N/A

N/A

1,731,356

—

—

(1)

(1)

(1)

(1)  A description of the Second Amended Program, including the date that the program was amended, the dollar amount 
approved, the expiration date and the maximum number of shares that may be purchased thereunder is included in the 
narrative preceding this table.

(2)  Beginning in April 2012, shares were repurchased in the subsequent quarter that share requests were received.

(3)  There were 1,731.356 share requests outstanding as of the month ended September 30, 2013, which were repurchased in 

October 2013 at a price of $6.93 per share.

(4)  All share requests outstanding as of the month ended December 31, 2013 were repurchased in January 2014 at a price of 

$6.94 per share.

Stockholders

As of March 11, 2014, we had 184,020 stockholders of record.

Distributions

We have been paying monthly cash distributions since October 2005.  During the years ended December 31, 2013 and 2012, 
we declared cash distributions, which are paid monthly in arrears to stockholders, totaling $450.1 million and $440.0 million, 
respectively, in each case equal to $0.50 per share on an annualized basis.   During the years ended December 31, 2013 and 
2012, we paid cash distributions of $449.3 million and $439.2 million, respectively.  For Federal income tax purposes for the 
years ended December 31, 2013 and 2012, 0% and 87% of the distributions paid constituted a return of capital in the applicable 
year, respectively.  The remaining portion of the distributions paid constituted ordinary income.

We intend to continue paying regular monthly cash distributions to our stockholders. However, there are many factors that can 
affect the amount and timing of cash distributions to stockholders. There is no assurance that we will be able to continue paying 
distributions at the current level or that the amount of distributions will increase, or not decrease further, over time. Even if we 
are able to continue paying distributions, the actual amount and timing of distributions is determined by our board of directors 
in its discretion and typically depends on the amount of funds available for distribution, which depends on items such as current 
and projected cash requirements and tax considerations. As a result, our distribution rate and payment frequency may vary from 
time to time.

Notification Regarding Payments of Distributions

Shareholders should be aware that the method by which a shareholder has chosen to receive his or her distributions affects the 
timing of the shareholder's receipt of those distributions.  Specifically, under our transfer agent's payment processing 
procedures, distributions are paid in the following manner:  

(1) those shareholders who have chosen to receive their distributions via ACH wire transfers receive their distributions 
on the distribution payment date (as determined by our Board of Directors); 

(2) those shareholders who have chosen to receive their distributions by paper check are typically mailed those checks 
on the distribution payment date, but sometimes paper checks are mailed on the day following the distribution 
payment date; and 

(3) for those shareholders holding shares through a broker or other nominee, the distributions payments are wired, or 
paper checks are mailed, to the broker or other nominee on the day following the distribution payment date.  

All shareholders who hold shares directly in record name may change at any time the method through which they receive their 
distributions from our transfer agent, and those shareholders will not have to pay any fees to us or our transfer agent to make 
such a change.  Also, all shareholders are eligible to participate at no cost in our DRP.  Accordingly, each shareholder may 
select the timing of receipt of distributions from our transfer agent by selecting the method above that corresponds to the 
desired timing for receipt of the distributions.  Because all shareholders may elect to have their distributions sent via ACH wire 
on the distribution payment date or credited on the distribution payment date to their DRP, we treat all of our shareholders, 

40

regardless of the method by which they have chosen to receive their distributions, as having constructively received their 
distributions from us on the distribution payment date for federal income tax purposes.  

Shareholders who hold shares directly in record name and who would like to change their distribution payment method should 
complete a “Change of Distribution Election Form.”  Also, shareholders who would like to participate in our DRP should 
complete the “Change of Distribution Election Form.”  The form is available on our website under “Investor Relations-Forms.”  

We note that the payment method for shareholders who hold shares through a broker or nominee is determined by the broker or 
nominee.  Similarly, the payment method for shareholders who hold shares in a tax-deferred account, such as an IRA, is 
generally determined by the custodian for the account.  Shareholders that currently hold shares through a broker or other 
nominee and would like to receive distributions via ACH wire or paper check should contact their broker or other nominee 
regarding their processes for transferring shares to record name ownership.  Similarly, shareholders who hold shares in a tax-
deferred account may need to hold shares outside of their tax-deferred accounts to change the method through which they 
receive their distributions. Shareholders who hold shares through a tax-deferred account and who would like to change the 
method through which they receive their distributions should contact their custodians regarding the transfer process and should 
consult their tax advisor regarding the consequences of transferring shares outside of a tax-deferred account.

Securities Authorized for Issuance under Equity Compensation Plans

The following table provides information regarding our equity compensation plans as of December 31, 2013.

Equity Compensation Plan Information

Number of securities 
to be issued upon
exercise of 
outstanding options,
warrants and rights

Weighted-average
exercise price of
outstanding options,
warrants
and rights

Number of  securities
remaining available for future 
issuance under equity 
compensation plans (excluding
shares reflected in column)

Equity compensation plans
approved by security holders:

Independent Director Stock
Option Plan

Equity compensation plans not
approved by security holders

Total:

29,000

—
29,000

$8.87

—
$8.87

46,000

—
46,000

We have adopted an Independent Director Stock Option Plan, as amended, which, subject to certain conditions, provides for the 
grant to each independent director of an option to purchase 3,000 shares following their becoming a director and for the grant 
of additional options to purchase 500 shares on the date of each annual stockholder’s meeting. The options for the initial 3,000 
shares are exercisable as follows: 1,000 shares on the date of grant and 1,000 shares on each of the first and second 
anniversaries of the date of grant. All other options are exercisable on the second anniversary of the date of grant. The exercise 
price for all options is equal to the fair value of our shares, as defined in the plan, on the date of each grant.

Recent Sales of Unregistered Securities

None.

41

Item 6. Selected Financial Data

The following table shows our consolidated selected financial data relating to our consolidated historical financial condition 
and results of operations. Such selected data should be read in conjunction with Item 7, “Management’s Discussion and 
Analysis of Financial Condition and Results of Operations” and the consolidated financial statements and related notes 
appearing elsewhere in this report (dollar amounts are stated in thousands, except per share amounts).

2013

As of and for the year ended December 31,
2011

2012

2010

2009

Balance Sheet Data:
Total assets
Debt
Operating Data:

Total income
Total interest and dividend income
Net income (loss) attributable to Company
Net income (loss) per common share, basic
and diluted

Common Stock Distributions:

Distributions declared to common
stockholders

Distributions per weighted average common
share

Funds from Operations:

Funds from operations (a)

Cash Flow Data:

Cash flows provided by operating activities
Cash flows provided by (used in) investing
activities

Cash flows provided by (used in) financing
activities

Other Information:

Weighted average number of common shares
outstanding, basic and diluted

$
$

$
$
$

$

$

$

$

$

$

9,662,464
4,153,099

$ 10,759,884
6,006,146
$

$ 10,919,190
5,902,712
$

$ 11,391,502
5,532,057
$

$ 11,328,211
5,085,899
$

1,321,837
19,267
244,048

0.27

450,104

0.50

459,608

422,813

922,624

$
$
$

$

$

$

$

$

$

1,119,023
$
$
23,386
(69,338) $

920,385
$
$
22,860
(316,253) $

802,402
$
$
33,068
(176,431) $

691,322
55,161
(397,960)

(0.08) $

(0.37) $

(0.21) $

(0.49)

440,031

0.50

476,713

456,221

$

$

$

$

429,599

0.50

443,460

397,949

$

$

$

$

417,885

0.50

321,828

356,660

$

$

$

$

405,337

0.51

142,601

369,031

(118,162) $

(286,896) $

(380,685) $

(563,163)

$ (1,246,979) $

(335,443) $

(160,597) $

(208,759) $

(250,602)

899,842,722

879,685,949

858,637,707

835,131,057

811,400,035

(a)  We consider Funds from Operations, or “FFO” a widely accepted and appropriate measure of performance for a REIT. 
FFO provides a supplemental measure to compare our performance and operations to other REITs.  Due to certain 
unique operating characteristics of real estate companies, the National Association of Real Estate Investment Trusts or 
NAREIT, an industry trade group, has promulgated a standard known as FFO, which it believes reflects the operating 
performance of a REIT. As defined by NAREIT, FFO means net income computed in accordance with GAAP, 
excluding gains (or losses) from sales of property, plus depreciation and amortization and impairment charges on 
depreciable property and after adjustments for unconsolidated partnerships and joint ventures in which we hold an 
interest. In calculating FFO, impairment charges of depreciable real estate assets are added back even though the 
impairment charge may represent a permanent decline in value due to decreased operating performance of the 
applicable property. Further, because gains and losses from sales of property are excluded from FFO, it is consistent and 
appropriate that impairments, which are often early recognition of losses on prospective sales of property, also be 
excluded.  If evidence exists that a loss reflected in the investment of an unconsolidated entity is due to the write-down 
of depreciable real estate assets, these impairment charges are added back to FFO.  The methodology is consistent with 
the concept of excluding impairment charges of depreciable assets or early recognition of losses on sale of depreciable 
real estate assets held by the Company.  

FFO is neither intended to be an alternative to “net income” nor to “cash flows from operating activities” as determined 
by GAAP as a measure of our capacity to pay distributions. We believe that FFO is a better measure of our properties’ 
operating performance because FFO excludes non-cash items from GAAP net income. FFO is calculated as follows (in 
thousands):

42

 
 
 
 
Year ended December 31,
2012

2011

2013

Funds from Operations:

Net income (loss) attributable to Company

Add: Depreciation and amortization related to investment properties

$

$

244,048
383,969

(69,338) $
438,755

(316,253)
439,077

Depreciation and amortization related to investment in
unconsolidated entities
Provision for asset impairment

Provision for asset impairment included in discontinued
operations
Impairment of investment in unconsolidated entities

Impairment reflected in equity in earnings of unconsolidated
entities

Gain on sale of property reflected in net income attributed to
noncontrolling interest

Less: Gains from property sales and transfer of assets

Net Gains from property sales reflected in equity in earnings of
unconsolidated entities, net
Gains (loss) from sales of investment in unconsolidated entities

Noncontrolling interest share of depreciation and amortization
related to investment properties
Funds from operations

$

34,766
248,230

4,476
6,532

—

—
456,563

2,792
3,058

48,840
37,830

45,485
9,365

470

5,439
40,691

2,399
(2,957)

63,645
24,051

139,590
113,621

16,739

—
16,510

11,141
7,545

—
459,608

$

—
476,713

$

1,814
443,460

Below is additional information related to certain items that significantly impact the comparability of our Funds from Operations 
and Net Income (Loss) or significant non-cash items from the periods presented (in thousands):

Gain on conversion of note receivable to equity interest
Payment from note receivable previously impaired
Gain on notes receivable
Impairment on securities
Straight-line rental income
Amortization of above/below market leases
Amortization of mark to market debt discounts
(Gain) loss on extinguishment of debt
Gain on extinguishment of debt reflected in equity in earnings of
unconsolidated entities

Acquisition costs

$

Year ended December 31,
2012

2011

2013

— $
—
(5,334)
1,052
(8,147)
(2,659)
5,929
18,777

(5,709)
2,987

— $
—
—
1,899
(11,010)
(2,271)
6,488
(9,478)

(2,176)
1,644

(17,150)
(2,422)
—
24,356
(13,841)
(1,326)
7,973
(10,848)

—
1,680

43

 
 
 
 
 
 
 
Item 7. Management’s Discussion and Analysis of Financial Condition and Results of Operations

Certain  statements  in  this  “Management’s  Discussion  and  Analysis  of  Financial  Condition  and  Results  of  Operations”  and 
elsewhere  in  this  Form  10-K  constitute  “forward-looking  statements”  within  the  meaning  of  the  Federal  Private  Securities 
Litigation Reform Act of 1995. Forward-looking statements are statements that are not historical, including statements regarding 
management’s intentions, beliefs, expectations, representations, plans or predictions of the future and are typically identified by 
words  such  as  “believe,”  “expect,”  “anticipate,”  “intend,”  “estimate,”  “may,”  “will,”  “should”  and  “could.”  Similarly, 
statements that describe or contain information related to matters such as management’s intent, belief or expectation with respect 
to  the  Company’s  financial  performance,  investment  strategy  and  portfolio,  cash  flows,  growth  prospects,  legal  proceedings, 
acquisitions and dispositions, amount and timing of anticipated future cash distributions, amount and timing of anticipated cash 
proceeds from previously announced sale transactions, including from the sale of the Company's core net lease assets, and other 
matters are forward-looking statements. These forward-looking statements are not historical facts but are the intent, belief or 
current expectations of the Company’s management based on their knowledge and understanding of the business and industry, 
the economy and other future conditions. These statements are not guarantees of future performance, and stockholders should not 
place undue reliance on forward-looking statements. Actual results may differ materially from those expressed or forecasted in 
the forward-looking statements due to a variety of risks, uncertainties and other factors, including but not limited to the factors 
listed and described under “Risk Factors” in this Annual Report on Form 10-K . These factors include, but are not limited to: 
market and economic volatility experienced by the U.S. economy or real estate industry as a whole, and the local economic 
conditions in the markets in which the Company’s properties are located; the Company’s ability to refinance maturing debt or to 
obtain new financing on attractive terms; the Company's ability to satisfy closing conditions required for the consummation of 
acquisitions and dispositions, including the Company's ability to obtain lender consents and other third party consents and the 
timing of such consents; the availability of cash flow from operating activities to fund distributions; future increases in interest 
rates; and actions or failures by the Company’s joint venture partners, including development partners. The Company intends 
that such forward-looking statements be subject to the safe harbors created by Section 27A of the Securities Act of 1933, as amended 
and Section 21E of the Securities Exchange Act of 1934, as amended. The Company undertakes no obligation to update or revise 
forward-looking statements to reflect changed assumptions, the occurrence of unanticipated events or changes to future operating 
results.

The following discussion and analysis relates to the years ended December 31, 2013, 2012 and 2011 and as of December 31, 
2013 and 2012. You should read the following discussion and analysis along with our consolidated financial statements and the 
related notes included in this report.

Overview

In 2013, we made significant strides in the execution of our portfolio strategy, focusing our diversified assets in three specific 
real estate asset classes (retail, lodging and student housing), while maintaining a sustainable distribution rate funded by our 
operations, distributions from unconsolidated entities, and gain on sale of properties.  We disposed of assets we determined to 
be less strategic and reinvested the capital in real estate assets that we believe will produce attractive current yields and long-
term risk-adjusted returns to our stockholders. For our existing portfolio, our property managers for our non-lodging properties 
actively seek to lease space at favorable rates, control expenses, and maintain strong tenant relationships. We oversee the 
management of our lodging facilities through active engagement with our third party managers and franchisors to maximize 
occupancy and daily rates as well as control expenses.

On a consolidated basis, essentially all of our revenues and cash flows from operations for the year ended December 31, 2013 
were generated by collecting rental payments from our tenants, room revenues from lodging properties, distributions from 
unconsolidated entities and dividend income earned from investments in marketable securities. Our largest cash expense relates 
to the operation of our properties as well as the interest expense on our mortgages. Our property operating expenses include, 
but are not limited to, real estate taxes, regular repair and maintenance, management fees, utilities and insurance (some of 
which are recoverable). Our lodging operating expenses include, but are not limited to, rooms, food and beverage, utility, 
administrative and marketing, payroll, franchise and management fees and repairs and maintenance expenses.

In 2013, we saw total net operating income increase from $513.6 million to $577.9 million for the year ended December 31, 
2012 to 2013. The increase of $64.3 million or 12.5% was primarily due to a full year of operations for our lodging and student 
housing properties we purchased in 2012 and the approximately $1.2 billion of properties purchased in 2013.  The remainder of 
the increase of  $10.0 million or 2.2% was driven by our lodging same store properties' operating performance.

In evaluating our financial condition and operating performance, management focuses on the following financial and non-
financial indicators, discussed in further detail herein:

• 

Funds from Operations (“FFO”), a supplemental non-GAAP measure to net income determined in accordance with 
GAAP

44

•  Cash flow from operations as determined in accordance GAAP

• 

Property net operating income (NOI), which excludes interest expense, depreciation and amortization, general and 
administrative expenses, net income of noncontrolling interest and other investment income from corporate 
investments

•  Economic and physical occupancy and rental rates

•  Leasing activity and lease rollover

•  Managing operating expenses

•  Average daily room rate, revenue per available room, and average occupancy to measure our lodging properties

•  Debt maturities and leverage ratios

•  Liquidity levels

During 2014, we will continue to execute on our strategy of disposing less strategic assets and deploying the capital into 
segments we believe have opportunity for higher performance, which are multi-tenant retail, lodging, and student housing.  For 
our non-core properties, we strive to improve individual property performance to increase each property’s value.  While we 
believe we will continue to see overall same store operating performance increases in 2014, we could see significant disposition 
activity in 2014.  This disposition activity could cause us to experience dilution in our operating performance during the period 
we dispose of properties and prior to reinvestment.

We expect to see increased same store operating performance in our lodging and student housing segments in 2014 as we 
continue to execute our investment strategy in these segment classes. The lodging industry is expected to have continued 
positive growth for 2014 and rental growth is projected to continue for the student housing properties in 2014. Our retail 
portfolio is expected to maintain high occupancy and have manageable lease rollover in the next three years. We believe the 
retail segment same store income will be consistent with 2013 results. In addition, we expect to see similar or slightly 
decreased operating performance in our non-core portfolio in 2014.

We believe that our debt maturities over the next five years are manageable and although we believe interest rates will rise in 
the future, we anticipate low interest rates to continue in 2014. We believe we will be maintain our cash distribution in 2014 
and anticipate distributions to be funded by cash flow from operations as well as distributions from unconsolidated entities and 
gains on sales of properties. 

Results of Operations

General

Consolidated Results of Operations

This section describes and compares our results of operations for the years ended December 31, 2013, 2012 and 2011. We 
generate most of our net operating income from property operations. In order to evaluate our overall portfolio, management 
analyzes the operating performance of all properties from period to period and properties we have owned and operated for the 
same period during each year. Investment properties owned for the entire years ended December 31, 2013 and 2012 and 
December 31, 2012 and 2011, respectively, are referred to herein as “same store” properties. Unless otherwise noted, all dollar 
amounts are stated in thousands (except per share amounts, per square foot amounts, revenue per available room and average 
daily rate).

Comparison of the years ended December 31, 2013, 2012 and 2011

Net income (loss) attributable to Company
Net income (loss) per common share, basic and diluted

Year ended
December 31, 2013
244,048
$
0.27
$

Year ended
December 31, 2012
$
$

(69,338) $
(0.08) $

Year ended
December 31, 2011

(316,253)
(0.37)

Our net income increased from the year ended December 31, 2012 to 2013 primarily due to the gains on sales of properties for 
the year ended December 31, 2013 compared to 2012.  A gain on sale of property of $442,577 was included in our income from 
discontinued operations for the year ended December 31, 2013.  This gain was offset by our asset impairments of $247,372 for 
the same period.

45

Our net loss decreased from the years ended December 31, 2011 to 2012 primarily due to a decrease in one-time impairment 
charges to unconsolidated entities and to various properties for the year ended December 31, 2012 compared to 2011.  
Additionally, operating income increase from same store growth as our lodging and multi-family (student housing and 
apartments) operating performance increased and from a full year of operations for retail and lodging properties acquired in late 
2011 and early 2012.   

A detailed discussion of our financial performance is outlined below.

Operating Income and Expenses:

Income:

Rental income
Tenant recovery income
Other property income
Lodging income
Operating Expenses:
Lodging operating
expenses

Property operating
expenses

Real estate taxes
Provision for asset
impairment

General and
administrative expenses

Business management fee

Year ended
December 31, 
2013

Year ended
December 31, 
2012

Year ended
December 31, 
2011

2013 Increase
(decrease) from 
2012

2012 Increase
(decrease) from 
2011

$

$

361,678
71,207
7,202
881,750

$

347,647
73,214
5,714
692,448

$

327,052
66,655
8,838
517,840

$

14,031
(2,007)
1,488
189,302

20,595
6,559
(3,124)
174,608

$

574,224

$

449,397

$

330,185

$

124,827

$

119,212

84,107
85,597

242,896

55,549
37,962

77,694
78,348

37,830

36,815
39,892

77,691
68,255

24,051

31,026
40,000

6,413
7,249

205,066

18,734
(1,930)

3
10,093

13,779

5,789
(108)

Property Income and Operating Expenses

Rental income for non-lodging properties consists of basic monthly rent, straight-line rent adjustments, amortization of 
acquired above and below market leases, other property, and percentage rental income recorded pursuant to tenant leases. 
Tenant recovery income consists of reimbursements for real estate taxes, common area maintenance costs, management fees, 
and insurance costs. Tenant recovery income generally fluctuates correspondingly with property operating expenses and real 
estate taxes. Other property income for non-lodging properties consists of lease termination fees and other miscellaneous 
property income. Property operating expenses for non-lodging properties consist of regular repair and maintenance, 
management fees, utilities and insurance (some of which are recoverable from the tenant).

•  There was a slight increase in property income for the year ended December 31, 2013 compared to 2012.  The increase 
was a result of the full year of operations for the properties acquired in 2012 as well as the operating performance of 
the properties acquired in 2013.  Same store property performance remained stable.  Same store property income 
amounted to $386,588 in 2013 and $387,289 in 2012, which resulted in a 0.2% decrease.  Comparatively, same store 
operating expenses were  $143,585 in 2013 and $142,235 in 2012, an increase of 0.9%.

•  There was a slight increase in property income for the year ended December 31, 2012 compared to 2011.  The increase 
was a result of the full year of operations for the properties acquired in 2011 as well as the operating performance of 
the properties acquired in 2012.  Same store property performance remained stable.  Same store property income 
amounted to $372,328 in 2012 compared to $371,359 in 2011, which was less than a 1% increase. In correlation, same 
store property operating expenses amounted to $135,067 in 2012 compared to $133,506 in 2011, which was a 1.2% 
increase. 

Lodging Income and Operating Expenses

Our lodging properties generate revenue through sales of rooms and associated food and beverage services. Lodging operating 
expenses include the room maintenance, food and beverage, utilities, administrative and marketing, payroll, franchise and 
management fees, and repairs and maintenance expenses.

•  The $189,302 increase in lodging operating income for the year ended December 31, 2013 compared to 2012 was 
primarily a result of the addition of hotels acquired in 2012 and 2013, which were mostly in the upper-upscale or 

46

luxury classification, We acquired fourteen hotels in 2013 and seven hotels in 2012.  Additionally, $24,035 of the 
increase was due to improved same store performance as a result of higher rental rates.  Same store average daily rates 
increased from $131 in 2012 to $136 in 2013.  The addition of these upper-upscale and luxury properties to our 
portfolio resulted in higher operating costs.  The increase in lodging expenses of $124,827, or  28%, for 2013 was 
directly correlated to the percentage increase in income of 27%.

•  The $174,608 increase in lodging operating income for the year ended December 31, 2012 compared to 2011 was a 

result of the addition of hotels acquired in 2012 as well as an increase in our same store properties' performance.  We 
acquired five hotels in the first quarter of 2012 and were able to obtain nine months of operating performance.  The 
remaining  $26,303 of the increase was due to improved same store performance as a result of higher rental rates.  
Same store average daily rates increased from $125 in 2011 to $129 in 2012.  The increase in lodging expenses of 
$119,212, or 36%, for 2012 was directly correlated to the percentage increase in income of 34%.

Provision for Asset Impairment

• 

• 

For the year ended December 31, 2013, we identified certain properties which may have a reduction in the expected 
holding period and reviewed the probability of these assets’ dispositions.  As part of our analysis, we identified one 
property, a large single tenant office property, in which we were exploring a potential disposition.  After we began 
exploring a potential sale of the property, we became aware of circumstances in which the tenant would reduce the 
space they occupied. Although the lease does not expire until 2016, we analyzed various leasing and sale scenarios for 
the single tenant property. Based on the probabilities assigned to such scenarios, it was determined the property was 
impaired and therefore, written down to fair value. As a result, we recorded a provision for asset impairment of 
$147,480 during the second quarter 2013.  Overall, we recorded a provision for asset impairment of $248,230 for 
continuing operations and $4,476 for discontinued operations, to reduce the book value of certain investment 
properties to their fair values.  Offsetting the impairment charges, due to a change in the amount of an impaired note's 
expected future cash flows, we reduced the note's impairment allowance, resulting in a gain of $5,334. 

For the years ended December 31, 2012 and 2011, we identified certain properties which may have a reduction in the 
expected holding period and reviewed the probability of these assets’ dispositions. As a result, we recorded a provision 
for asset impairment of $37,830 and $24,051 in continuing operations, respectively, to reduce the book value of certain 
investment properties to their new fair values. We disposed of many of the properties impaired in 2012 and 2011 by 
December 31, 2013.  The related impairment charges of $45,485 and $139,590, respectively, are reflected in 
discontinued operations.

General Administrative Expenses and Business Management Fee

After our stockholders have received a non-cumulative, non-compounded return of 5% per annum on their “invested capital,” 
we pay our business manager an annual business management fee of up to 1% of the “average invested assets,” payable 
quarterly in an amount equal to 0.25% of the average invested assets as of the last day of the immediately preceding quarter. 
Once we have satisfied the minimum return on invested capital, the amount of the actual fee paid to the business manager is 
requested by the business manager and approved by the board of directors up to the amount permitted by the agreement.

•  We incurred a business management fee of $37,962, $39,892 and $40,000, which is equal to 0.37%, 0.35%, and 0.35% 

of average invested assets for the years ended December 31, 2013, 2012 and 2011, respectively. 

•  The increase in general and administrative expenses of $18,734 from $36,815  to $55,549  for the years ended 

December 31, 2012 to 2013, respectively, was primarily a result of increased legal costs, increased consulting and 
professional fees due to our large amount of transaction activity and the execution of our portfolio strategy, as well as 
increased salary expenses resulting from additional personnel, which is reimbursed to the business manager.  

•  The increase in general and administrative expenses of $5,789 from $31,026 to $36,815 for the years ended December 
13, 2012 and 2011, respectively, was primarily a result of increased legal costs and increased salary expenses as a 
result of a shift in personnel from our property managers to our business manager.  

47

Non-Operating Income and Expenses:

Year ended
December 31, 
2013

Year ended
December 31, 
2012

Year ended
December 31, 
2011

2013 Increase
(decrease) 
from 2012

2012 Increase
(decrease) 
from 2011

$

15,335
(212,263)

$

2,010
(209,353)

$

19,694
(215,790)

$

11,958

1,998

(12,802)

$

13,325
2,910

9,960

(17,684)
(6,437)

14,800

(3,473)

(12,322)

(106,023)

(8,849)

93,701

31,539

459,588

4,319

46,780

(16,219)

27,220

(42,256)

412,808

20,538

89,036

Non-operating income and
expenses:

Other income
Interest expense

Equity in income (loss) of
unconsolidated entities

Gain, (loss) and (impairment) of
investment in unconsolidated
entities, net
Realized gain, (loss) and
(impairment) on securities, net

Income (loss) from discontinued
operations, net

Other Income

•  The increase in other income for the year ended December 31, 2013 compared to 2012 was primarily a result of the 

gain recognized on fourteen multi-tenant retail properties contributed to the IAGM Retail Fund I, LLC joint venture.  
We have an equity interest in the IAGM Retail Fund I, LLC joint venture; therefore we have a continued ownership 
interest in the properties.  As such, we treated this disposition as a partial sale, recognizing a gain on sale of $12,783 
for the year ended December 31, 2013, and the activity related to the contributed properties remain in continuing 
operations on the consolidated statements of operations and other comprehensive income.  

•  The decrease in other income for the year ended December 31, 2012 compared to 2011 was primarily due to the gain 
recognized on the conversion of a note receivable to equity of $17,150 in an unconsolidated entity for the year ended 
December 31, 2011.

Interest Expense

• 

• 

Interest expense from continuing operations remained largely unchanged for the year ended December 31, 2013 
compared to 2012 with balances of $212,263 and $209,353, respectively.  However, additional interest expense of 
$72,906 and $111,281 was reflected in discontinued operations for the years ended December 31, 2013 and 2012, 
respectively.  In total interest expense decreased for the year ended December 31, 2013 compared to 2012 with 
balances of $285,169 and $320,634, respectively.  This was primarily due to the decrease in the principal amount of 
our total debt (including mortgages, line of credit, and mortgages held for sale) as of December 31, 2013 compared to 
2012 with balances of $4,920,180 and $5,867,004, respectively.  

Interest expense from continuing operations decreased for the year ended December 31, 2012 compared to 2011 with 
balances of $209,353 and $215,790, respectively.  However, additional interest expense of $111,281 and $101,682 was 
reflected in discontinued operations for the years ended December 31, 2012 and 2011, respectively.  In total interest 
expense increased for the year ended December 31, 2012 compared to 2011 with balances of $320,634 and $317,472, 
respectively.  This was primarily due to the increase in the principal amount of our total debt as of December 31, 2012 
compared to 2011 with balances of $5,867,004 to $5,781,855.

•  Our weighted average interest rate on total outstanding debt was 4.95%, 5.10%, and 5.20% per annum for the years 

ended December 31, 2013, 2012 and 2011, respectively.

Equity in Income (Loss) of Unconsolidated Entities

Our equity in income of unconsolidated entities includes the income we pick up from each joint venture's operating income or 
loss.  Also included in this figure are any one-time adjustments associated with the transactions of the joint venture.

• 

For the year ended December 31, 2013, the equity in income of unconsolidated entities in 2013 was primarily a result 
of a gain on the property sales of $3,015 in one unconsolidated entity and a gain on the extinguishment of debt of 
$5,709 in an unconsolidated entity.  

48

• 

• 

For the year ended December 31, 2012, the equity in income of unconsolidated entities in 2012 was largely a result of 
a $4,575 gain from our share of property sales and extinguishment of debt in two unconsolidated entities offset by an 
impairment charge recognized by one unconsolidated entity of which our portion was $470. 

For the year ended December 31, 2011, the equity in loss of unconsolidated entities was largely a result of impairment 
charges recognized by two unconsolidated entities of which our portion was $16,739, offset by a $11,141 gain from 
our share of property sales in two unconsolidated entities. 

Gain, (Loss) and (Impairment) of Investment in Unconsolidated Entities, net

• 

• 

• 

For the year ended December 31, 2013, we recorded an impairment of $6,532 in two unconsolidated joint ventures.  
We also recorded a net gain of $3,058 on sales of four unconsolidated entities.

For the year ended December 31, 2012, we recorded an impairment of $9,365 on three of our investments in 
unconsolidated entities.  Additionally, we recorded losses on the sales of 100% of our equity in one joint venture of 
$1,556 and a lodging joint venture of $1,401.  

For the year ended December 31, 2011, we recorded an impairment of $113,621 on an investment in an 
unconsolidated entity.  The impairment was offset by a $7,545 gain on our investment in unconsolidated entities due to 
the sale of 100% of our equity in one joint venture.

Realized Gain, (Loss) and (Impairment) on Securities, net

• 

• 

• 

For the year ended December 31, 2013, there was a $1,052 impairment charge for equity securities offset by a $32,591 
net realized gain.

For the year ended December 31, 2012,  there was a $1,899 impairment charge for equity securities offset by a $6,218 
net realized gain.  

For the year ended December 31, 2011, the loss was primarily due to a $24,356 impairment charge for equity 
securities offset by an $8,137 realized gain.

Discontinued Operations

• 

• 

• 

For the year ended December 31, 2013 we recorded income of $459,588 from discontinued operations, which 
primarily included a gain on sale of properties of $442,577, a gain on extinguishment of debt of $18,285, a gain on 
transfer of assets of $16, and provision for asset impairment of $4,476.

For the year ended December 31, 2012, we recorded income of $46,780 from discontinued operations, which 
primarily included a gain on sale of properties of $39,236, a gain on extinguishment of debt of $9,478, a gain on 
transfer of assets of $2,175, and provision for asset impairment of $45,485.

For the year ended December 31, 2011, we recorded a loss of $42,256 from discontinued operations, which primarily 
included a gain on sale of properties of $11,457, a gain on extinguishment of debt of $10,848, a gain on transfer of 
assets of $4,546 and a provision for asset impairment of $139,590.

Segment Reporting

Our long-term portfolio strategy is to focus on three asset classes - retail, lodging, and student housing.  During the year ended 
December 31, 2013, we executed on this strategy by disposing of 313 non-strategic assets as well as classifying 224 non-
strategic assets as held for sale.  Therefore, beginning on September 30, 2013, we restated our business segments to: Retail, 
Lodging, Student Housing, and Non-core.  Net operating income for the years ended December 31, 2012 and 2011 have been 
restated to reflect the change in business segments.  The non-core segment includes office properties, industrial properties, bank 
branches, retail single tenant properties, and a conventional multi-family property.  We have concentrated our efforts on driving 
portfolio growth in the multi-tenant retail, student housing and lodging segments to enhance the long-term value of each 
segment's portfolio and respective platforms.  For our non-core properties, we strive to improve individual property 
performance to increase each property’s value.  We evaluate segment performance primarily based on net operating income. 
Net operating income of the segments exclude interest expense, depreciation and amortization, general and administrative 
expenses, net income of noncontrolling interest and other investment income from corporate investments. 

An analysis of results of operations by segment is below. In order to evaluate our overall portfolio, management analyzes the 
operating performance of all properties from period to period and properties we have owned and operated for the same period 
during each year. A total of 232 and 226 of our investment properties satisfied the criteria of being owned for the entire years 
ended December 31, 2013 and 2012 and December 31, 2012 and 2011, respectively, and are referred to herein as “same store” 
properties. This same store analysis allows management to monitor the operations of our existing properties for comparable 

49

periods to determine the effects of our new acquisitions on net income. The tables contained throughout summarize certain key 
operating performance measures for the years ended December 31, 2013, 2012 and 2011.  The rental rates reflected in retail, 
student housing and non-core are inclusive of rent abatements, lease inducements and straight-line rent GAAP adjustments, but 
exclusive of tenant improvements and lease commissions.  Physical occupancy is defined as the percentage of total gross 
leasable area actually used or occupied by a tenant.  Economic occupancy is defined as the percentage of total gross leasable 
area for which a tenant is obligated to pay rent under the terms of its lease agreement, regardless of the actual use or occupation 
by that tenant of the area being leased.  

Retail Segment

Our retail segment now consists solely of multi-tenant retail properties in order to present information consistent with our long-
term portfolio investment strategy.  Our retail segment net operating income on a same store basis remained stable for the year 
ended December 31, 2013 compared to the year ended December 31, 2012, slightly down $856 or 0.5%.  On a total segment 
basis, we saw a decrease in total net operating income of $8,950 or 4.4%.  This was primarily a result of the 14 properties we 
contributed to the IAGM Retail Fund I, LLC joint venture.   For the year ended December 31, 2012, a full year of operations 
was included in net operating income, whereas for the year ended December 31, 2013, only operations through the disposition 
date in early April 2013 are included in net operating income.

Our retail segment net operating income on a same store basis grew slightly for the year ended December 31, 2012 compared to 
the year ended December 31, 2011, up $1,973 or 1.2%.  This was a result of stable same store economic occupancy and 
comparable lease rates year to year.  On a total segment basis, we saw an increase in total net operating income of $14,679 or 
7.7%.  This was due to a full year of operations for our acquisitions in 2011 as well as property operating performance for our 
2012 acquisitions.

We believe that fundamentals in the retail segment are slowly improving.  Current market outlook indicates well-timed 
acquisitions as well as divestiture of low-quality assets are essential to sustainable growth.  Sustainable growth is also 
supported by the strong demand for grocery-anchored retail centers, which are part of our retail acquisition strategy due to their 
resiliency to e-commerce.  With limited new development and construction, we have a positive view of this segment long-term.  
Our retail portfolio strategy is to focus our capital in favorable demographic and geographic locations where rental and net 
operating income growth is expected.  For current properties in the portfolio, we continue to maintain our expense controls and 
our successful property marketing programs and enhance current tenant relationships.  We focus on new consumer trends and 
reevaluate tenant synergy as leases mature in an effort to guarantee proper tenant diversity at our properties.   

Physical occupancy
Economic occupancy
Rent per square foot
Investment in properties, undepreciated

Total Retail Properties
As of December 31,
2012
91%
92%
$13.30
$3,076,434

2011
91%
93%
$13.21
$3,014,731

2013
90%
91%
$13.57
$2,641,706

50

 
 
 
Comparison of Years Ended December 31, 2013 and 2012 

The table below represents operating information for the retail segment and for the same store retail segment consisting of 
properties acquired prior to January 1, 2012. The properties in the same store portfolio were owned for the entire years ended 
December 31, 2013 and 2012.  Activity in the non-same store column for the years ended December 31, 2013 and 2012 
includes those properties contributed to the IAGM joint venture.

For the year ended
December 31, 2013

For the year ended
December 31, 2012

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Retail

Revenues:

Rental income

$199,711

$15,423 $215,134

$200,698

$25,848 $226,546

$(987)

(0.5)% $(11,412)

(5.0)%

Straight line
adjustment

Tenant recovery
income

Other property
income

Total income

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

Net operating
income

4,041

1,157

5,198

3,904

920

4,824

137

3.5 %

374

7.8 %

59,276

5,654

64,930

58,632

7,522

66,154

644

1.1 %

(1,224)

(1.9)%

3,592

230

3,822

2,979

(293)

2,686

266,620

22,464 289,084

266,213

33,997 300,210

613

407

20.6 %

0.2 %

1,136

42.3 %

(11,126)

(3.7)%

50,313

36,505

3,818

2,990

54,131

39,495

50,901

34,654

5,706

4,541

56,607

39,195

588

1.2 %

2,476

4.4 %

(1,851)

(5.3)%

(300)

(0.8)%

86,818

6,808

93,626

85,555

10,247

95,802

(1,263)

(1.5)%

2,176

2.3 %

$179,802

$15,656 $195,458

$180,658

$23,750 $204,408

$(856)

(0.5)%

$(8,950)

(4.4)%

Average occupancy
for the period

Number of
Properties

91%

113

-

6

91%

119

92%

113

-

2

92%

115

51

 
Comparison of Years Ended December 31, 2012 and 2011

The table below represents operating information for the retail segment and for the same store retail segment consisting of 
properties acquired prior to January 1, 2011. The properties in the same store portfolio were owned for the entire years ended 
December 31, 2012 and 2011.  Activity in the non-same store column for the years ended December 31, 2012 and 2011 
includes those properties contributed to the IAGM joint venture.

Retail

For the year ended
December 31, 2012

For the year ended
December 31, 2011

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Rental income

Straight line
adjustment

Tenant recovery
income

Other property
income

Total income

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

$188,996

$37,550

$226,546

$188,519

$22,517

$211,036

$477

0.3 % $15,510

7.3 %

4,114

710

4,824

4,933

9

4,942

(819)

(16.6)%

(118)

(2.4)%

56,316

9,838

66,154

53,732

7,037

60,769

2,584

4.8 %

5,385

8.9 %

2,972

(286)

2,686

3,599

1,066

4,665

(627)

(17.4)%

(1,979)

(42.4)%

252,398

47,812

300,210

250,783

30,629

281,412

1,615

0.6 %

18,798

6.7 %

48,887

33,359

7,720

5,836

56,607

39,195

49,794

32,810

5,359

3,720

55,153

36,530

907

1.8 %

(1,454)

(2.6)%

(549)

(1.7)%

(2,665)

(7.3)%

82,246

13,556

95,802

82,604

9,079

91,683

358

0.4 %

(4,119)

(4.5)%

Net operating income

$170,152

$34,256

$204,408

$168,179

$21,550

$189,729

$1,973

1.2 % $14,679

7.7 %

Average occupancy
for the period

Number of Properties

Lodging Segment

91%

111

-

4

92%

115

93%

111

-

2

93%

113

During 2013, we made significant progress on our lodging portfolio strategy, to move out of certain midscale lodging assets 
and into more urban, full service properties by acquiring four luxury, nine upper-upscale, and one upscale lodging assets and 
disposing of three midscale lodging assets.  Refining the assets in our lodging portfolio coupled by the significant improvement 
in the lodging industry has driven the increase in our operating performance for this sector.  Our total net operating income for 
lodging has increased from  $164,353 to $212,219 to $272,270, for the years ended December 31, 2011, 2012 and 2013 
respectively.  In addition, revenue per available room ("RevPAR") grew 8.2% from $96 as of December 31, 2012 to $105 as of 
December 31, 2013 because the average daily rate ("ADR") grew 6.8% from $133 to $143 while occupancy remained stable at 
73.0% for each period.  RevPAR grew 7.8% from $90 as of December 31, 2011 to $96 as of December 31, 2012 because ADR 
grew 5.6% from $125 to $133 and occupancy increased from 72.0% to 73.0%.

Significant growth of RevPAR has occurred in the lodging industry since 2011.  RevPAR represents the product of the average 
daily room rate charged and the average daily occupancy achieved but excludes other revenue generated by a hotel property, 
such as food and beverage, parking, telephone and other guest service revenues.  The lodging industry has seen a recovery in 
business travelers and leisure transient and our operating managers have been able to push rates which has improved the 
performance of our lodging segment.  On a same store basis, net operating income increased 6.8% for the years ended 
December 31, 2012 to December 31, 2013, from $183,465 to $195,964. The same store properties for the years ended 
December 31, 2011 and December 31, 2012 also had an increase in net operating income of 7.1%, from $155,973 to $166,977. 

We are optimistic our lodging portfolio will continue its strong performance in 2014 with increases in RevPAR and ADR.  Our 
lodging portfolio was presented with certain challenges in select markets related to slowing government business although this 
was partially offset by strong business and leisure travel.  Due to our diverse hotel portfolio, we continued to outperform the 
total U.S. market as measured by RevPAR growth, and maximize average daily rate, which is the catalyst to our portfolio 
profitability.  We expect that supply growth will remain below historical levels for the next several years which we believe will 

52

  
support the fundamentals for the lodging segment.  Market trends for 2014 also indicate greater gains in average daily rates and 
occupancy for luxury and upper upscale hotel chains.  The increase in our same store growth and the acquisitions of high end 
lodging properties supports our long-term investment portfolio strategy.

Revenue per available room
Average daily rate
Occupancy
Investment in properties, undepreciated, as of December 31

Comparison of Years Ended December 31, 2013 and 2012

Total Lodging Properties
For the year ended December 31,
2012
$96
$133
72%
$3,293,305

2013
$105
$143
73%
$4,211,699

2011
$90
$125
72%
$2,854,577

The table below represents operating information for the lodging segment and for the same store portfolio for properties 
acquired prior to January 1, 2012. The properties in the same store portfolio were owned for the entire years ended December 
31, 2013 and 2012.

Lodging

For the year ended
December 31, 2013

For the year ended
December 31, 2012

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Lodging operating
income

Expenses:

Lodging operating
expenses

$603,098

$278,652

$881,750

$579,063

$113,385

$692,448

$24,035

4.2 % $189,302

27.3 %

380,274

193,950

574,224

368,324

81,073

449,397

(11,950)

(3.2)% (124,827)

(27.8)%

Real estate taxes

26,860

8,396

35,256

27,274

3,558

30,832

414

1.5 %

(4,424)

(14.3)%

Total operating
expenses

407,134

202,346

609,480

395,598

84,631

480,229

(11,536)

(2.9)% (129,251)

(26.9)%

Net operating income

$195,964

$76,306

$272,270

$183,465

$28,754

$212,219

$12,499

6.8 % $60,051

28.3 %

Average occupancy
for the period

Number of Properties

Room Rev Par

Average Daily Rate

73%

78

$100

$136

-

21

-

-

73%

99

$105

$143

73%

78

$95

$131

-

7

-

-

72%

85

$96

$133

53

 
 
 
 
 
Comparison of Years Ended December 31, 2012 and 2011

The table below represents operating information for the lodging segment and for the same store portfolio consisting of 
properties acquired prior to January 1, 2011. The properties in the same store portfolio were owned for the years ended 
December 31, 2012 and 2011. 

Lodging

For the year ended
December 31, 2012

For the year ended
December 31, 2011

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Lodging operating
income

Expenses:

Lodging operating
expenses

Real estate taxes

Total operating
expenses

$509,425

$183,023

$692,448

$483,122

$34,718

$517,840

$26,303

5.4 % $174,608

33.7 %

318,377

131,020

449,397

304,773

25,412

330,185

(13,604)

(4.5)% (119,212)

(36.1)%

24,071

6,761

30,832

22,376

926

23,302

(1,695)

(7.6)%

(7,530)

(32.3)%

342,448

137,781

480,229

327,149

26,338

353,487

(15,299)

(4.7)% (126,742)

(35.9)%

Net operating income

$166,977

$45,242

$212,219

$155,973

$8,380

$164,353

$11,004

7.1 % $47,866

29.1 %

Average occupancy
for the period

Number of Properties

Room Rev Par

Average Daily Rate

73%

75

$95

$129

-

10

-

-

72%

85

$96

$133

72%

75

$90

$125

-

3

-

-

72%

78

$90

$125

Student Housing Segment

Our student housing segment was formerly a part of the historical multi-family segment.  It is now being presented as its own 
segment consistent with our long-term portfolio strategy.  Our student housing segment has seen strong growth from 2011.  
Total net operating income increased from $15,175 to $19,830  to $35,462 from December 31, 2011 to 2012 to 2013, 
respectively.  The increase in net operating income was primarily driven by our acquisitions.  In 2013 and 2012, we purchased 
five and developed three student housing properties to add to our portfolio.  Rents per bed also increased from $655 in 2011 to 
$670 in 2012 to $724 in 2013.  Our rental rates in student housing rose significantly in 2013 compared to 2012 due to favorable 
market conditions as well as the addition of new properties.  Occupancy remained stable across each year at 92% , 93% , and 
92% for the years ended December 31, 2011, 2012 and 2013, respectively.

Our student housing segment continues to perform strongly and in line with market expectations.  In 2014, we plan to build on 
this success through acquisitions and continued development.  Assets targeted for acquisition and land planned for development 
include properties that are within walking distance to campus, near schools that have low acceptance rates, are highly ranked 
academically, and have large enrollments (over 20,000 students).  Our current portfolio and investment strategy targets 
properties meeting these key criteria.  We also aim to increase our occupancy and rents in line with market trends in 2014, and 
expect this to increase our net operating income for the student housing segment. 

Economic occupancy
End of month scheduled rent per bed per month
Investment in properties, undepreciated

Total Student Housing Properties
As of December 31,
2012
93%
$670
$420,555

2011
92%
$655
$248,938

2013
92%
$724
$710,211

54

 
 
 
 
 
Comparison of Years Ended December 31, 2013 and 2012

The table below represents operating information for the student-housing segment and for the same store portfolio consisting of 
properties acquired prior to January 1, 2012. The properties in the same store portfolio were owned for the years ended 
December 31, 2013 and 2012.

Student Housing

For the year ended
December 31, 2013

For the year ended
December 31, 2012

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Rental income

Straight line
adjustment

Tenant recovery
income

Other property income

Total income

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

$26,356

$29,417

$55,773

$25,295

$4,939

$30,234

$1,061

4.2 % $25,539

84.5 %

133

240

373

169

455

1,497

66

1,312

521

2,809

429

1,400

—

—

350

169

(36)

(21.3)%

204

120.7 %

429

1,750

26

97

6.1 %

6.9 %

4.2 %

92

1,059

26,894

21.4 %

60.5 %

82.5 %

28,441

31,035

59,476

27,293

5,289

32,582

1,148

11,193

1,906

8,224

2,691

19,417

4,597

10,952

1,798

(50)

52

10,902

1,850

(241)

(2.20)%

(108)

(6.0)%

(8,515)

(2,747)

(78.1)%
(148.
5

)%

13,099

10,915

24,014

12,750

2

12,752

(349)

(2.7)% (11,262)

(88.3)%

Net operating income

$15,342

$20,120

$35,462

$14,543

$5,287

$19,830

$799

5.5 % $15,632

78.8 %

Average occupancy for
the period

Number of Properties

93%

6

-

8

87%

14

91%

6

-

4

92%

10

55

 
Comparison of Years Ended December 31, 2012 and 2011

The table below represents operating information for the student housing segment and for the same store portfolio consisting of 
properties acquired prior to January 1, 2011. The properties in the same store portfolio were owned for the years ended 
December 31, 2012 and 2011. 

Student Housing

For the year ended
December 31, 2012

For the year ended
December 31, 2011

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Rental income

Straight line
adjustment

Tenant recovery
income

Other property income

Total income

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

$25,295

$4,939

$30,234

$24,706

— $24,706

$589

2.4 %

$5,528

22.4 %

169

429

1,400

—

—

350

169

145

429

1,750

446

1,569

—

—

—

145

446

1,569

27,293

5,289

32,582

26,866

— 26,866

24

16.6 %

24

16.6 %

(17)

(3.8)%

(17)

(3.8)%

(169)

(10.8)%

427

1.6 %

181

5,716

11.5 %

21.3 %

10,952

1,798

12,750

(50)

10,902

52

1,850

10,048

1,643

— 10,048

—

1,643

(904)

(155)

(9.0)%

(9.4)%

(854)

(8.5)%

(207)

(12.6)%

2

12,752

11,691

— 11,691

(1,059)

(9.1)%

(1,061)

(9.1)%

Net operating income

$14,543

$5,287

$19,830

$15,175

— $15,175

$(632)

(4.2)%

$4,655

30.7 %

Average occupancy for
the period

Number of Properties

91%

6

-

4

92%

10

92%

6

-

-

92%

6

Non-core Segment

We are executing our long-term portfolio strategy by focusing on three specific real estate asset classes - retail, lodging, and 
student housing.  The remaining assets outside of these asset classes are grouped together in the non-core segment.  Our non-
core segment consists of 24 industrial properties, ten office properties, ten single tenant retail properties, and one conventional 
apartment property.  On December 31, 2013, the Company entered into a definitive agreement and purchased our partner's 
interest in D.R. Stephens Institutional Fund, LLC, a joint venture.  This resulted in the Company obtaining control of the 
venture and consolidating ten industrial properties.  The ten industrial properties are included in our property count as of 
December 31, 2013, but we have not reflected income from the properties in 2013 because we acquired the properties on the 
last day of the year.  The segment consists of a diverse portfolio of assets, each with a different performance goal.  We continue 
to focus on long term value for the individual assets in the non-core segment.  

A large part of our remaining non-core portfolio are net-lease properties which are expected to have limited lease rollover in the 
immediate future.

Our non-core same store net operating income decreased by $2,408 or 3%, from $77,127 at December 31, 2012 to $74,719 at 
December 31, 2013.  This decrease was primarily driven by various tenants re-leasing at lower rates for two multi-tenant office 
properties.  Non-core same store net operating income decreased slightly from $76,875  to $76,637, or $238 and 0.3%  from 
December 31, 2011 to 2012.

56

 
Physical occupancy

Economic occupancy

Rent per square foot

End of month scheduled rent per conventional unit per month

Total Non-core Properties

As of December 31,

2013

88%

88%

$14.46

$1,173

2012

90%

90%

$15.57

$1,136

2011

92%

92%

$15.37

$1,158

Investment in properties, undepreciated

$968,323

$2,884,812

$3,700,857

Comparison of Years Ended December 31, 2013 and 2012

The table below represents operating information for the non-core segment and for the same store portfolio consisting of 
properties acquired prior to January 1, 2012. The properties in the same store portfolio were owned for the years ended 
December 31, 2013 and 2012.

Non-core

For the year ended
December 31, 2013

For the year ended
December 31, 2012

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Rental income

Straight line
adjustment

Tenant recovery
income

Other property income

Total income

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

Net operating income

Average occupancy for
the period

Number of Properties

$85,039

— $85,039

$86,510

— $86,510

$(1,471)

(1.7)% $(1,471)

(1.7)%

161

5,756

571

91,527

10,559

6,249

16,808

$74,719

—

—

—

161

(636)

5,756

571

6,631

1,278

—

—

—

(636)

797

(125.

3)%

(125.

3)%

797

6,631

1,278

(875)

(13.2)%

(875)

(13.2)%

(707)

(55.3)%

(707)

(55.3)%

— 91,527

93,783

— 93,783

(2,256)

(2.4)%

(2,256)

(2.4)%

— 10,559

—

6,249

10,185

6,471

— 10,185

—

6,471

(374)

(3.7)%

(374)

(3.7)%

222

3.4 %

222

3.4 %

— 16,808

16,656

— 16,656

(152)

(0.9)%

(152)

(0.9)%

— $74,719

$77,127

— $77,127

$(2,408)

(3.1)% $(2,408)

(3.1)%

89%

35

-

10

88%

45

90%

35

-

-

90%

35

57

 
 
 
 
Comparison of Years Ended December 31, 2012 and 2011

The table below represents operating information for the non-core segment and for the same store portfolio consisting of 
properties acquired prior to January 1, 2011. The properties in the same store portfolio were owned for the years ended 
December 31, 2012 and 2011.

Non-core

For the year ended
December 31, 2012

For the year ended
December 31, 2011

Same Store Change
Favorable/
(Unfavorable)

Total Change
Favorable/
(Unfavorable)

Same
Store

Non
Same
Store

Total

Same
Store

Non
Same
Store

Total

Amount

%

Amount

%

Revenues:

Rental Income

Straight line
adjustment

Tenant recovery
income

Other property income

Total revenues

Expenses:

Property operating
expenses

Real estate taxes

Total operating
expenses

Net operating income

Average occupancy for
the period

Number of Properties

Developments

$85,783

$727

$86,510

$86,593

$262

$86,855

$(810)

(0.9)%

$(345)

(0.4)%

(394)

(242)

(636)

(226)

(406)

(632)

(168)

74.3 %

(4)

0.6 %

5,994

1,254

637

24

6,631

1,278

4,781

2,562

92,637

1,146

93,783

93,710

659

42

557

5,440

2,604

1,213

25.4 %

1,191

21.9 %

(1,308)

(51.1)% (1,326)

(50.9)%

94,267

(1,073)

(1.1)%

(484)

(0.5)%

9,956

6,044

229

427

10,185

6,471

12,262

4,573

228

12,490

2,306

18.8 %

2,305

2,207

6,780

(1,471)

(32.2)%

309

16,000

$76,637

656

$490

16,656

16,835

2,435

19,270

835

5.0 %

2,614

$77,127

$76,875

$(1,878)

$74,997

$(238)

(0.3)%

$2,130

18.5 %

4.6 %

13.6 %

2.8 %

90%

34

-

1

90%

35

92%

34

-

1

92%

35

We have development projects that are in various stages of pre-development and development which are funded by borrowings 
secured by the properties and our equity investments or contributions.  Specifically identifiable direct development and 
construction costs are capitalized, including, where applicable, salaries and related costs, real estate taxes and interest incurred 
in developing the property.  These developments encompass the retail, lodging, and student housing segments.

The properties under development and all amounts set forth below are as of December 31, 2013. (Dollar amounts stated in 
thousands.)

Location
(City, State)

Property
Type

Square
Feet /
Beds /
Rooms

Total Costs
Incurred to
Date ($)
(a)

Total
Estimated
Costs ($)
(b)

Remaining
Costs to be
Funded by
Inland
American ($)
(c)

Note
Payable as of
Dec. 31
2013 ($)

Estimated
Placed in
Service Date
(d) (e)

Name

Woodbridge (f)

UH at Charlotte

Wylie, TX

Charlotte,
NC

UH Tempe Phase II
Development

Tempe, AZ

UH at Georgia
Tech

Grand Bohemian
Charleston

Grand Bohemian
Mountain Brook

Atlanta, GA

Charleston,
SC

Mountain
Brook, AL

Retail

519,745

$

44,932 $

69,019 $

— $

18,049

(f)

Student
Housing

Student
Housing

Student
Housing

670 beds

12,063

49,533

269 beds

1,938

25,237

8,571

3,783

1

Q3 2015

— Q3 2015

706 beds

16,165

75,470

10,249

— Q3 2015

Lodging

50 rooms

2,935

19,950

Lodging

100 rooms

4,885

26,250

4,665

6,075

— Q4 2014

— Q4 2014

58

 
 
(a)  The Total Costs Incurred to Date represent total costs incurred for the development, including any costs allocated to 

parcels placed in service, but excluding capitalized interest.

(b)  The Total Estimated Costs represent 100% of the development’s estimated costs, including the acquisition cost of the 
land and building, if any, and excluding capitalized interest. The Total Estimated Costs are subject to change upon, or 
prior to, the completion of the development and include amounts required to lease the property.

(c)  We anticipate funding remaining development, to the extent any remains, through construction financing secured by the 

properties and equity contributions.

(d)  The Estimated Placed in Service Date represents the date the certificate of occupancy is currently anticipated to be 

obtained. Subsequent to obtaining the certificate of occupancy, each property (excluding lodging properties) will go 
through a lease-up period.

(e)  Leasing activities related to student housing properties do not begin until six to nine months prior to the placed in service 

date.  

(f)  Woodbridge is a retail shopping center and development is planned to be completed in phases.  As the construction and 
lease-up of individual phases are completed, the respective phase will be placed in service resulting in a range of 
estimated placed in service dates through 2016.  Of the costs incurred to date, $34,388 relates to phases that have been 
placed in service as of December 31, 2013.  

As part of our restructure and foreclosure of a note receivable, we began overseeing as the secured lender certain roadway and 
utility infrastructure projects that will provide access to the 240 acre Sacramento Railyards property. The Railyards property is 
located immediately adjacent to, and to the north of, Sacramento’s central business district. The infrastructure projects were 
planned, approved and funded prior to the foreclosure of the Stan Thomas note. The Railyards property is the subject of a 
collaborative planning and infrastructure funding effort of various federal, state and local municipalities, and its development is 
scheduled to be completed in phases during the years 2013-2030. We are currently engaged in efforts both to either sell parcels 
within the Railyards or to sell the entire property to a master developer. The current book value, excluding capitalized interest, 
of the Railyards property is $120,519 as of December 31, 2013.

Critical Accounting Policies and Estimates

General

The preparation of financial statements in conformity with GAAP requires management to make estimates and assumptions in 
certain circumstances that affect amounts reported in the accompanying consolidated financial statements and related notes. 
This section discusses those critical accounting policies and estimates. These judgments often result from the need to make 
estimates about the effect of matters that are inherently uncertain. GAAP requires information in financial statements about 
accounting principles, methods used and disclosures pertaining to significant estimates. This discussion addresses our judgment 
pertaining to known trends, events or uncertainties which were taken into consideration upon the application of those policies.

Acquisitions

We allocate the purchase price of each acquired business between tangible and intangible assets at full fair value at the date of 
the transaction. Such tangible and intangible assets include land, building and improvements, acquired above market and below 
market leases, in-place lease value, customer relationships (if any), and any assumed financing that is determined to be above 
or below market terms. Any additional amounts are allocated to goodwill as required, based on the remaining purchase price in 
excess of the fair value of the tangible and intangible assets acquired and liabilities assumed. The allocation of the purchase 
price is an area that requires judgment and significant estimates.

We expense acquisition costs of all transactions as incurred. All costs related to finding, analyzing and negotiating a transaction 
are expensed as incurred as a general and administrative expense, whether or not the acquisition is completed. 

Impairment

We assess the carrying values of the respective long-lived assets, whenever events or changes in circumstances indicate that the 
carrying amounts of these assets may not be fully recoverable, such as a reduction in the expected holding period of the asset. If 
it is determined that the carrying value is not recoverable because the undiscounted cash flows do not exceed carrying value, 
we are required to record an impairment loss to the extent that the carrying value exceeds fair value. The valuation and possible 
subsequent impairment of investment properties is a significant estimate that can and does change based on our continuous 
process of analyzing each property and reviewing assumptions about uncertain inherent factors, as well as the economic 
condition of the property at a particular point in time.

59

We also evaluate our equity method investments for impairment indicators. The valuation analysis considers the investment 
positions in relation to the underlying business and activities of our investment and identifies potential declines in fair value. 
An impairment loss should be recognized if a decline in value of the investment has occurred that is considered to be other than 
temporary, without ability to recover or sustain operations that would support the value of the investment.

Cost Capitalization and Depreciation Policies

Our policy is to review all expenses paid and capitalize any items which are deemed to be an upgrade or a tenant improvement. 
These costs are capitalized and included in the investment properties classification as an addition to buildings and 
improvements.

Buildings and improvements are depreciated on a straight-line basis based upon estimated useful lives of 30 years for buildings 
and improvements, and 5-15 years for site improvements and furniture, fixtures and equipment. Tenant improvements are 
depreciated on a straight-line basis over the life of the related lease as a component of depreciation and amortization expense. 
The portion of the purchase price allocated to acquired above market leases and acquired below market leases is amortized on a 
straight-line basis over the life of the related lease as an adjustment to net rental income. Acquired in-place lease costs, 
customer relationship value and other leasing costs are amortized on a straight-line basis over the life of the related lease as a 
component of amortization expense.

Cost capitalization and the estimate of useful lives requires our judgment and includes significant estimates that can and do 
change based on our process which periodically analyzes each property and on our assumptions about uncertain inherent 
factors.

Dispositions

The Company accounts for dispositions in accordance with Financial Accounting Standards Board (“FASB”) Accounting 
Standards Codification (“ASC”) 360-20, Real Estate Sales.  The Company recognizes gain in full when real estate is sold, 
provided (a) the profit is determinable, that is, the collectability of the sales price is reasonably assured or the amount that will 
not be collectible can be estimated, and (b) the earnings process is virtually complete, that is, the seller is not obliged to 
perform significant activities after the sale to earn the profit.  The Company records the transaction as discontinued operations 
for all periods presented in accordance with FASB ASC 205-20, Presentation of Financial Statements - Discontinued 
Operations.  

Investment in Marketable Securities

We classify our investment in securities in one of three categories: trading, available-for-sale, or held-to-maturity. Trading 
securities are bought and held principally for the purpose of selling them in the near term. Held-to-maturity securities are those 
securities in which we have the ability and intent to hold the security until maturity. All securities not included in trading or 
held-to-maturity are classified as available-for-sale. Investments in securities at December 31, 2013 and 2012 consists of 
common and preferred stock investments and investments in real estate related bonds that are all classified as available-for-sale 
securities and are recorded at fair value. Unrealized holding gains and losses on available-for-sale securities are excluded from 
earnings and reported as a separate component of other comprehensive income until realized. Realized gains and losses from 
the sale of available-for-sale securities are determined on a specific identification basis. A decline in the market value of any 
available-for-sale security below cost that is deemed to be other than temporary, results in a reduction in the carrying amount to 
fair value. The impairment is charged to earnings and a new cost basis for the security is established. When a security is 
impaired, management considers whether we have the ability and intent to hold the investment for a time sufficient to allow for 
any anticipated recovery in market value and considers whether evidence indicating the cost of the investment is recoverable 
outweighs evidence to the contrary. Evidence considered in this assessment includes the reasons for the impairment, the 
severity and duration of the impairment, changes in value subsequent to period end and forecasted performance of the investee.

Revenue Recognition

We commence revenue recognition on our leases based on a number of factors. In most cases, revenue recognition under a 
lease begins when the lessee takes possession of or controls the physical use of the leased asset. Generally, this occurs on the 
lease commencement date. The determination of who is the owner, for accounting purposes, of the tenant improvements 
determines the nature of the leased asset and when revenue recognition under a lease begins. If we are the owner, for 
accounting purposes, of the tenant improvements, then the leased asset is the finished space and revenue recognition begins 
when the lessee takes possession of the finished space, typically when the improvements are substantially complete. If we 
conclude we are not the owner, for accounting purposes, of the tenant improvements (the lessee is the owner), then the leased 
asset is the unimproved space and any tenant improvement allowances funded under the lease are treated as lease incentives 

60

which reduces revenue recognized over the term of the lease. In these circumstances, we begin revenue recognition when the 
lessee takes possession of the unimproved space for the lessee to construct their own improvements. We consider a number of 
different factors to evaluate whether it or the lessee is the owner of the tenant improvements for accounting purposes. These 
factors include:

•  whether the lease stipulates how and on what a tenant improvement allowance may be spent;

•  whether the tenant or landlord retains legal title to the improvements;

• 

• 

the uniqueness of the improvements;

the expected economic life of the tenant improvements relative to the length of the lease; and

•  who constructs or directs the construction of the improvements.

The determination of who owns the tenant improvements, for accounting purposes, is subject to significant judgment. In 
making that determination, we consider all of the above factors. No one factor, however, necessarily establishes its 
determination.

We recognize rental income on a straight-line basis over the term of each lease. The difference between rental income earned 
on a straight-line basis and the cash rent due under the provisions of the lease agreements is recorded as deferred rent 
receivable and is included as a component of accounts and rents receivable in the accompanying consolidated balance sheets. 
Due to the impact of the straight-line basis, rental income generally is greater than the cash collected in the early years and 
decreases in the later years of a lease. We periodically review the collectability of outstanding receivables. Allowances are 
taken for those balances that we deem to be uncollectible, including any amounts relating to straight-line rent receivables.

Reimbursements from tenants for recoverable real estate tax and operating expenses are accrued as revenue in the period the 
applicable expenses are incurred. We make certain assumptions and judgments in estimating the reimbursements at the end of 
each reporting period. We do not expect the actual results to significantly differ from the estimated reimbursement.

We will recognize lease termination income if there is a signed termination letter agreement, all of the conditions of the agreement 
have been met, collectability is reasonably assured and the tenant is no longer occupying the property. Upon early lease termination, 
we will provide for losses related to unrecovered intangibles and other assets.

We recognize lodging operating revenue on an accrual basis consistent with operations.

Consolidation

We evaluate our investments in limited liability companies and partnerships to determine whether such entities may be a 
variable interest entity (“VIE”). If the entity is a VIE, the determination of whether we are the primary beneficiary must be 
made. We will consolidate a VIE if we are deemed to be the primary beneficiary, as defined in FASB ASC 810, Consolidation. 
The equity method of accounting is applied to entities in which we are not the primary beneficiary as defined FASB ASC 810, 
or the entity is not a VIE and we do not have effective control, but can exercise influence over the entity with respect to its 
operations and major decisions.

Income Taxes

We operate in a manner intended to enable each entity to qualify as a REIT under Sections 856 through 860 of the Code. Under 
those sections, a REIT that distributes at least 90% of its “REIT taxable income” determined without regard to the deduction for 
dividends paid and by excluding any net capital gain to its stockholders each year and that meets certain other conditions will 
not be taxed on that portion of its taxable income which is distributed to its stockholders. If we fail to distribute the required 
amount of income to our stockholders, or fail to meet the various REIT requirements, without the benefit of certain relief 
provisions, we may fail to qualify as a REIT and substantial adverse tax consequences may result. Even if we qualify for 
taxation as a REIT, we may be subject to certain state and local taxes on our income, property, or net worth, and to federal 
income and excise taxes on our undistributed taxable income. In addition, taxable income from non-REIT activities managed 
through taxable REIT subsidiaries is subject to federal, state and local income taxes.

Liquidity and Capital Resources 

As of December 31, 2013, we had $319.2 million of cash and cash equivalents.  We continually evaluate the economic and credit 
environment and its impact on our business. Maintaining significant capital reserves has become a priority. We believe we are 
appropriately positioned to have significant cash to utilize in executing our strategy. 

61

Short Term Liquidity and Capital Resources

On a short term basis, our principal demands for funds are to pay our corporate and operating expenses, as well as property 
capital expenditures, make distributions to our stockholders, and pay/make interest and principal payments on our current 
indebtedness.  Our capital expenditures mainly consist of improvements to hotels, in which a portion is reserved for in 
restricted escrows. We are negotiating refinancing the 2014 debt maturities at terms that will most likely be at lower rates.  We 
expect to meet our short term liquidity requirements from cash flow from operations, proceeds from our dividend reinvestment 
plan and distributions from our joint venture investments.

Long Term Liquidity and Capital Resources

On a long term basis, our objectives are to maximize revenue generated by our existing properties, to further enhance the value 
of our segments that produce attractive current yield and long-term risk-adjusted returns to our stockholders and to generate 
sustainable and predictable cash flow from our operations to distribute to our stockholders.  We believe the increased 
performance of our lodging and student housing segments as well as the repositioning of our retail and lodging properties will 
increase our operating cash flows.

Our principal demands for funds have been and will continue to be: 

• 

• 

• 

• 

• 

• 

• 

to pay our expenses and the operating expenses of our properties; 

to make distributions to our stockholders; 

to service or pay-down our debt; 

to fund capital expenditures; 

to invest in properties; 

to fund joint ventures and development investments; and 

to fund our share repurchase program. 

Generally, our cash needs have been and will be funded from: 

• 

• 

• 

• 

• 

• 

income earned on our investment properties; 

interest income on investments and dividend and gain on sale income earned on our investment in marketable 
securities; 

distributions from our joint venture investments; 

proceeds from sales of properties; 

proceeds from borrowings on properties; and 

issuance of shares under our distribution reinvestment plan. 

Acquisitions and Dispositions of Real Estate Investments

We acquired 21 and 13 properties during the years ended December 31, 2013 and 2012, respectively, which were funded with 
available cash, disposition proceeds, mortgage indebtedness, and the proceeds from the distribution reinvestment plan. We 
invested net cash of approximately $1,172.1 million and $447.9 million for these acquisitions. For the year ended 
December 31, 2013, we sold 313 properties, including 259 bank branches, 48 non-core properties, three multi-tenant retail 
properties, and three lodging properties, generating net sales proceeds of $2,101.3 million.  We also contributed 14 retail 
properties to the IAGM joint venture.  Comparatively for the year ended December 31, 2012 we sold 166 properties, including 
143 bank branches, six non-core properties(two industrial properties, and four conventional multi-family properties), four 
multi-tenant retail properties, 13 lodging properties, generating net sales proceeds of $522.6 million. 

Distributions

We declared cash distributions to our stockholders per weighted average number of shares outstanding during the period from 
January 1, 2013 to December 31, 2013 totaling $450.1 million or $0.50 per share, including amounts reinvested through the 
dividend reinvestment plan.  During the year ended December 31, 2013, we paid cash distributions of $449.3 million.  These 
cash distributions were paid with $422.8 million from our cash flow from operations, $20.1 million provided by distributions 
from unconsolidated entities, as well as $456.6 million from gain on sales of properties.

62

We continue to provide cash distributions to our stockholders from cash generated by our operations, distributions from 
unconsolidated entities, and gain on sales of properties. The following chart summarizes the sources of our cash used to pay 
distributions. Our primary source of cash is cash flow provided by operating activities from our investments as presented in our 
cash flow statement. We also include distributions from unconsolidated entities to the extent that the underlying real estate 
operations in these entities generate these cash flows.  Gain on sales of properties relate to net profits from the sale of certain 
properties. Our presentation is not intended to be an alternative to our consolidated statements of cash flow and does not 
present all the sources and uses of our cash.

The following table presents a historical view of our distribution coverage.

2013

2012

2011

2010

2009

Cash flow provided by operations
Distributions from unconsolidated entities
Gain on sales of properties (1)
Distributions declared
Excess (deficiency)

$

$

422,813
20,121
456,563
(450,106)
449,391

$

$

456,221
31,710
40,691
(440,031)
88,591

$

$

397,949
33,954
6,141
(429,599)
8,445

$

$

356,660
31,737
55,412
(417,885)
25,924

$

$

369,031
32,081
—
(405,337)
(4,225)

(1) Excludes gains reflected on impaired values.

Cash flow provided by operations for the year ended December 31, 2013 included lender pre-payment penalties paid of 
$17,307 primarily due to the disposition of our conventional multi-family properties.  Cash flow provided by operations for the 
year ended December 31, 2012 included an increase in the accrued interest expense payable of $22,100 as compared to the year 
ended December 31, 2011.  This was a result of a one-time change in timing of debt service payments from 2011 to 2012.  

The following table presents a historical summary of distributions declared, distributions paid and distributions reinvested.

Distributions declared
Distributions paid
Distributions reinvested

Stock Offering

2013

2012

2011

2010

2009

$

$

450,104
449,253
181,630

$

440,031
439,188
191,785

$

429,599
428,650
199,591

$

417,885
416,935
207,296

405,337
411,797
231,306

We have completed two public offerings of our common stock on a best efforts basis as well as offerings of common stock 
under our distribution reinvestment plan, or “DRP.”  Under the DRP, as amended, the purchase price per share is equal to 100% 
of the “market price” of a share of the Company’s common stock until the shares become listed for trading.  For reinvestments 
made after September 21, 2010 until December 29, 2011, the DRP purchase price was equal to $8.03 per share.  After 
December 29, 2011 until December 19, 2012, the DRP purchase price was equal to $7.22 per share.  After December 19, 2012 
until December 27, 2013, the DRP purchase price was equal to $6.93 per share.  After December 27, 2013 and until a new 
estimated value per share has been established, the DRP purchase price is $6.94 per share.  We are permitted to offer shares 
pursuant to the DRP under the existing registration statement until the earlier of March 16, 2015 or the date we sell all $803.0 
million worth of shares in the offering.  At that time we would consider filing a new registration statement to permit the 
continued issuance of DRP shares.  As of December 31, 2013, we had raised a total of approximately $8.9 billion of gross 
offering proceeds as a result of all of our offerings (inclusive of distribution reinvestments and net of redemptions).

During the year ended December 31, 2013, we sold a total of 26,203,500 shares and generated $181.6 million in gross offering 
proceeds under the DRP, as compared to 26,571,399 shares and $191.8 million during the year ended December 31, 2012. Our 
average distribution reinvestment plan participation was 40% for the year ended December 31, 2013, compared to 44% for the 
year ended December 31, 2012.

Share Repurchase Program

Our board adopted an Amended and Restated Share Repurchase Program, which was effective from April 11, 2011 through 
January 31, 2012 (the “First Amended Program”). Our board subsequently adopted a Second Amended and Restated Share 
Repurchase Program, which was effective from February 1, 2012 through February 28, 2013 (the “Second Amended 
Program”).  The Board of Directors voted to suspend the Second Amended Program on January 29, 2014.  We  anticipate 
reinstating the Share Repurchase Program later in the year. 

Under the Second Amended Program, we were permitted to repurchase shares of our common stock, on a quarterly basis, from 
the beneficiary of a stockholder that has died or from stockholders that had a “qualifying disability” or were confined to a 

63

“long-term care facility” (together, referred to herein as “hardship repurchases”). We were authorized to repurchase shares at a 
price per share equal to 100% of the most recently disclosed estimated per share value of our common stock, which was equal 
to $6.93 per share as of December 19, 2012 and $6.94 per share as of December 27, 2013.  Our obligation to repurchase any 
shares under the Second Amended Program was conditioned upon our having sufficient funds available to complete the 
repurchase. Our board had initially reserved $10.0 million per calendar quarter for the purpose of funding repurchases 
associated with death and $15.0 million per calendar quarter for the purpose of funding hardship repurchases.  In addition, 
notwithstanding anything to the contrary, at no time during any consecutive twelve month period may the aggregate number of 
shares repurchased under the Second Amended Program have exceeded 5.0% of the aggregate number of issued and 
outstanding shares of our common stock at the beginning of the twelve month period. For any calendar quarter, if the number of 
shares accepted for repurchase would have caused us to exceed the 5.0% limit, repurchases for death would have taken priority 
over any hardship repurchases, in each case in accordance with the procedures, and subject to the funding limits, described in 
the Second Amended Program and summarized herein.

If, on the other hand, the funds reserved for either category of repurchase under the Second Amended Program were 
insufficient to repurchase all of the shares for which repurchase requests had been received for a particular quarter, or if the 
number of shares accepted for repurchase caused us to exceed the 5.0% limit set forth therein, we repurchased the shares in the 
following order: (1) for death repurchases, we repurchased shares in chronological order, based upon the beneficial owner’s 
date of death; and (2) for hardship repurchases, we repurchased shares on a pro rata basis, up to, but not in excess of, the limits 
described herein; provided, that in the event that the repurchase would result in a stockholder owning less than 150 shares, we 
repurchased all of that stockholder’s shares.

For the year ended December 31, 2013, we received requests for the repurchase of 5,516,204 shares of our common stock. Of 
these requests, we repurchased 5,772,899 shares of common stock for $40.0 million for the year ended December 31, 2013. In 
January 2014, we repurchased 1,077,829 shares of common stock for $7.5 million.  There were no additional requests 
outstanding. The price per share for shares repurchased during the year ended December 31, 2013 was $6.93.  The price per 
share for shares repurchased in January 2014 was $6.94.  All repurchases were funded from proceeds from our distribution 
reinvestment plan.  The table below summarizes the share repurchases.

For the year ended December 31, 2013
January 2014

Total number of
share repurchase
requests

Total number of
shares repurchased
(a)

5,516,204
—

5,772,899
1,077,829

Price per share at
date of redemption
$6.93
$6.94

Total value of 
shares repurchased
 (in thousands)

$40,006
$7,480

(a) Shares are repurchased in the month subsequent to the quarter in which the requests were received.  There were 1,334,524 
share requests outstanding as of the month ended December 31, 2012, which were repurchased in January 2013 at a price of 
$6.93 per share.  There were 1,077,829 share requests outstanding as of the month ended December 31, 2013, which were 
repurchased in January 2014 at a price of $6.94 per share. 

Borrowings

The table below presents, on a consolidated basis, the principal amount, weighted average interest rates and maturity date (by 
year) on our mortgage debt as of December 31, 2013 (dollar amounts are stated in thousands).  This table includes mortgage 
debt related to our properties classified as held for sale.

2014

2015

2016

2017

2018

Thereafter

Total

Maturing debt :

Fixed rate debt
(mortgage loans)

Variable rate debt
(mortgage loans)

Weighted average interest
rate on debt:

Fixed rate debt
(mortgage loans)

Variable rate debt
(mortgage loans)

$ 138,323

303,292

698,588

1,139,951

506,711

901,409

3,688,274

$ 280,168

241,147

78,070

37,500

160,550

251,750

1,049,185

6.22%

5.72%

5.70%

5.86%

6.01%

5.51%

5.77%

2.81%

2.70%

2.83%

3.19%

2.27%

2.75%

2.70%

64

The debt maturity excludes mortgage discounts associated with debt assumed at acquisition of which a discount of $17.5 
million, net of accumulated amortization, is outstanding as of December 31, 2013.  Of the total outstanding debt, approximately 
$261.1 million is recourse to us.  

As of December 31, 2013, we had approximately $418 million and $544 million in mortgage debt maturing in 2014 and 2015, 
respectively.  We are negotiating refinancing the remaining 2014 debt maturities at terms that will most likely be at lower rates.  
We currently anticipate that we will be able to repay or refinance all of our debt on a timely basis, and believe we have 
adequate sources of funds to meet our short term cash needs. However, there can be no assurance that we can obtain such 
refinancing on satisfactory terms.  Volatility in the capital markets could expose us to the risk of not being able to borrow on 
terms and conditions acceptable to us for future acquisitions or refinancings.

On May 8, 2013, we entered into a credit agreement with KeyBank National Association, JP Morgan Chase Bank National 
Association and other financial institutions to provide for a senior unsecured credit facility in the aggregate amount of $275 
million. The credit facility consists of a $200 million senior unsecured revolving line of credit and a $75 million unsecured 
term loan.  The line of credit is backed by a pool of unencumbered properties that needs to comply with certain covenants laid 
out in the credit agreement.  The credit facility also contains an accordion feature that allows us to increase the aggregate 
availability thereunder to up to $600 million in certain circumstances.   On November 5, 2013, we exercised the accordion 
feature and closed on a $100 million increase to our revolving line of credit and a $125 million increase to the term loan.  Our 
total revolving line of credit is now $300 million and the total outstanding term loan is now $200 million.  We also increased 
the accordion feature to $800 million.  In all material respects, the terms and conditions of the loan agreements remained 
unchanged.  

As of December 31, 2013, we had borrowed the full amount of the term loan and had $299,820 available under the revolving 
line of credit.  The revolver bears interest at a rate equal to LIBOR plus a margin ranging from 1.60% to 2.45%, while the rate 
on the term loan is equal to LIBOR plus a margin ranging from 1.50% to 2.45%.  As of December 31, 2013, the interest rates of 
the revolving line of credit and unsecured term loan were 1.60% and 1.67%, respectively.  The facility will assist us in bridging 
the timing of proceeds from  disposing of non-strategic assets and acquiring retail, lodging and student housing assets.  As of 
December 31, 2013, we were in compliance with all covenants and default provisions under the credit agreement, and our 
current business plan, which is based on our expectations of operating performance, indicates that we will be able to operate in 
compliance with these covenants and provisions for the next twelve months and beyond. 

Mortgage loans outstanding as of December 31, 2013 and 2012 were $4.7 billion and $5.8 billion, respectively, and had a 
weighted average interest rate of 5.09% and 5.10% per annum, respectively. For the years ended December 31, 2013 and 2012, 
we paid down, net of borrowings, $79.5 million and borrowed, net of paydowns, $18.3 million, respectively, secured by our 
portfolio of marketable securities.  For the years ended December 31, 2013 and 2012, we borrowed approximately $1.2 billion 
and $0.7 billion, respectively, secured by mortgages on our properties and assumed $36.0 million and $232.0 million million, 
respectively, of debt at acquisition.

Summary of Cash Flows

Cash provided by operating activities
Cash provided by (used in) investing activities
Cash used in financing activities
Increase (decrease) in cash and cash equivalents
Cash and cash equivalents, at beginning of year
Cash and cash equivalents, at end of year

Year ended December 31,
2012

2011

2013

$

$

422,813
922,624
(1,246,979)
98,458
220,779
319,237

$

$

456,221
(118,162)
(335,443)
2,616
218,163
220,779

$

$

397,949
(286,896)
(160,597)
(49,544)
267,707
218,163

Cash provided by operating activities was $423, $456 and $398 million for the years ended December 31, 2013, 2012 and 
2011, respectively, and was generated primarily from operating income from property operations, and interest and dividends.  
While the  acquisition of lodging and student housing properties increased operating performance, the cash flows decreased 
from the years ended December 31, 2012 to 2013.  For the year ended December 31, 2013, cash provided by operations was 
reduced by lender pre-payment penalties of $17.3 million primarily due to the disposition of our conventional multi-family 
properties.  For the year ended December 31 2012, cash provided by operating activities included an increase in the accrued 
interest expenses payable of $22.1 million, which was a result of a one-time change in timing of debt service payments from 

65

 
 
2011 to 2012.  The increase in operating cash flows from the years ended December 31, 2011 to December 31, 2012 was 
primarily due to the improved performance of the lodging and multi-family segments as well as the 2012 increase in the 
accrued interest expense payable of $22.1 million.  

Cash provided by and (used in) investing activities was $923, $(118) and $(287) million for the years ended December 31, 
2013, 2012 and 2011, respectively. The increase in cash provided by investing activities from the years ended December 31, 
2012 to December 31, 2013 was primarily due to the proceeds from the sale of 313 properties in 2013.  The sales of these 
properties resulted in gains of $442.6 million.  The dispositions were offset by the acquisition of 21 properties in 2013.  The 
decrease in cash used in investing activities from the years ended December 31, 2011 to December 31, 2012 was primarily due 
to the proceeds from the sale of 166 properties in 2012, offset by the acquisition of 13 properties in 2012. 

Cash used in financing activities was $1,247.0, $335.4 and $160.6 million for the years ended December 31, 2013, 2012 and 
2011, respectively. The increase in cash used in financing activities from December 31, 2012 to December 31, 2013 was 
primarily due to the payoffs of mortgage debt of $2.0 billion.  The increase in cash used in financing activities from the years 
ended December 31, 2011 to December 31, 2012 was primarily due to a decrease in proceeds from our mortgage debt of $470 
million in 2012, offset by the redemption of noncontrolling interest of $294 million in 2011.  

We consider all demand deposits, money market accounts and investments in certificates of deposit and repurchase agreements 
with a maturity of three months or less, at the date of purchase, to be cash equivalents. We maintain our cash and cash 
equivalents at financial institutions. The combined account balances at one or more institutions periodically exceed the Federal 
Depository Insurance Corporation (“FDIC”) insurance coverage and, as a result, there is a concentration of credit risk related to 
amounts on deposit in excess of FDIC insurance coverage.

Off Balance Sheet Arrangements

Contractual Obligations

The table below presents, on a consolidated basis, obligations and commitments to make future payments under debt 
obligations (including interest), lease agreements, and margin accounts on our marketable securities portfolio as of 
December 31, 2013 (dollar amounts are stated in thousands).

Long-Term Debt Obligations
Ground Lease Payments
Margins Payable

Payments due by period

$

Total
6,174,586
34,664
59,681

$

Less than
1 year

1-3 years

3-5 years

More than
5 years

$

660,036
780
59,681

$

3,223,034
2,340
—

$

1,029,926
2,340
—

1,261,590
29,204
—

Of the total long-term debt obligations, approximately $261.1 million is recourse to the Company.

In 2013, we acquired two properties subject to the obligation to pay the seller additional monies depending on the operating 
performance of the properties. These earnout payments are based on a predetermined formula. Each earnout agreement has a 
time limit regarding the obligation to pay any additional monies. If at the end of the time period, operational performance 
targets have not been met, we will not have any further obligation. Assuming all the conditions are satisfied, as of 
December 31, 2013, we would be obligated to pay as much as $11.5 million in the future. The information in the above table 
does not reflect these contractual obligations. 

Unconsolidated Real Estate Joint Ventures 

Unconsolidated joint ventures are those where we have substantial influence over but do not control the entity. We account for 
our interest in these ventures using the equity method of accounting. For additional discussion of our investments in joint 
ventures. Please refer to Note 5 in our consolidated financial statements in Item 8 of this Annual Report on Form 10-K, which 
is incorporated by reference into this Item 7. Our ownership percentage and related investment in each joint venture is 
summarized in the following table. (Dollar amounts stated in thousands.)

66

 
 
Joint Venture
Cobalt Industrial REIT II
Brixmor/IA JV, LLC
IAGM Retail Fund I, LLC
Other unconsolidated entities

Ownership %
36%
(a)
55%
Various

$

$

Investment at
December 31, 2013

83,306
77,551
90,509
12,552
263,918

(a) We have preferred membership interest and are entitled to a 11% preferred dividend in Brixmor/IA JV, LLC.

Subsequent Events

Subsequent to December 31, 2013, we purchased two retail assets for $26,150.  On February 28, 2014, we purchased one 
lodging asset for $183,000.

We also disposed of thirty non-core net lease assets on January 8, 2014 for a gross disposition price of $55,303.  We then 
disposed of another twenty-eight non-core net lease assets on February 21, 2014 for a gross disposition price of $451,881.  
Finally, we disposed of another 151 non-core net lease assets on March 10, 2014 for a gross disposition price of $278,553 
These assets were all classified as held for sale as of December 31, 2013.

On March 12, 2014, we began the process of becoming fully self-managed by terminating our business management 
agreement, hiring all of our business manager’s employees, and acquiring the assets of our business manager necessary to 
perform the functions previously performed by the business manager.  As a first step towards internalizing our property 
managers, we hired certain of their employees; assumed responsibility for performing certain significant property management 
functions; and amended our property management agreements to reduce our property management fees as a result of our 
assumption of such responsibilities.  As the second step, on December 31, 2014, we expect to terminate our property 
management agreements, hire the remaining property manager employees and acquire the assets necessary to conduct the 
remaining functions performed by our property managers.  As a consequence, beginning January 1, 2015, we expect to become 
fully self-managed.  We will not pay an internalization fee or self-management fee in connection with these self-management 
transactions.  These self-management transactions immediately eliminate the management and advisory fees paid to the 
business manager and at the end of 2014, we expect to eliminate the fees paid to our property managers when we terminate the 
property management agreements.  As part of the self-management transactions, we agreed to reimburse our business manager 
and property managers for certain transaction and employee related expenses and directly retain affiliates of The Inland Group, 
Inc. for IT services, customer service and certain back-office services that were provided to us and managed by our business 
manager prior to the termination of the business management agreement. 

67

Item 7A. Quantitative and Qualitative Disclosures About Market Risk

We are subject to market risk associated with changes in interest rates both in terms of variable-rate debt and the price of new 
fixed-rate debt upon maturity of existing debt and for acquisitions. We are also subject to market risk associated with our marketable 
securities investments.

Our interest rate risk management objectives are to limit the impact of interest rate changes on earnings and cash flows and to 
lower our overall borrowing costs. If market rates of interest on all of the floating rate debt as of December 31, 2013 permanently 
increased by 1%, the increase in interest expense on the floating rate debt would decrease future earnings and cash flows by 
approximately $10.5 million. If market rates of interest on all of the floating rate debt as of December 31, 2013 permanently 
decreased by 1%, the decrease in interest expense on the floating rate debt would increase future earnings and cash flows by 
approximately $10.5 million.

With regard to our variable rate financing, we assess interest rate cash flow risk by continually identifying and monitoring changes 
in interest rate exposures that may adversely impact expected future cash flows and by evaluating hedging opportunities. We 
maintain risk management control systems to monitor interest rate cash flow risk attributable to both of our outstanding or forecasted 
debt obligations as well as our potential offsetting hedge positions. The risk management control systems involve the use of 
analytical techniques, including cash flow sensitivity analysis, to estimate the expected impact of changes in interest rates on our 
future cash flows.

We monitor interest rate risk using a variety of techniques, including periodically evaluating fixed interest rate quotes on all variable 
rate debt and the costs associated with converting the debt to fixed rate debt. Also, existing fixed and variable rate loans that are 
scheduled to mature in the next year or two are evaluated for possible early refinancing and or extension due to consideration 
given to current interest rates.  Refer to our Borrowings table in Item 7 of this Annual Report on Form 10-K for mortgage debt 
principal amounts and weighted average interest rates by year and expected maturity to evaluate the expected cash flows and 
sensitivity to interest rate changes.  

We may use  financial instruments to hedge exposures to changes in interest rates on loans secured by our properties. To the extent 
we do, we are exposed to credit risk and market risk. Credit risk is the failure of the counterparty to perform under the terms of 
the derivative contract. When the fair value of a derivative contract is positive, the counterparty owes us, which creates credit risk 
for us. When the fair value of a derivative contract is negative, we owe the counterparty and, therefore, it does not possess credit 
risk. In the alternative, we seek to minimize the credit risk in derivative instruments by entering into transactions with what we 
believe are high-quality counterparties. Market risk is the adverse effect on the value of a financial instrument that results from a 
change  in  interest  rates.  The  market  risk  associated  with  interest-rate  contracts  is  managed  by  establishing  and  monitoring 
parameters that limit the types and degree of market risk that may be undertaken. 

The following table summarizes interest rate swap contracts outstanding as of December 31, 2013 and 2012:

Pay Fixed
Rate

Receive Floating 
Rate Index

Notional
Amount

Fair Value
as of
December
31, 2013

Fair Value
as of
December
31, 2012

N/A $

— $

Date Entered

Effective Date

End Date

March 28, 2008

March 28, 2008

March 27, 2013

October 15, 2010

November 1, 2010

April 23, 2013

January 7, 2011

January 7, 2011

January 2, 2013

January 7, 2011

January 7, 2011

January 2, 2013

September 1, 2011 September 29, 2012 September 29, 2014

3.32%

0.94%

0.91%

0.91%

0.79%

1 month LIBOR

1 month LIBOR

1 month LIBOR

1 month LIBOR

N/A

N/A

N/A

1 month LIBOR $

55,683

October 14, 2011

October 14, 2011

October 22, 2013

1.037%

1 month LIBOR

July 1, 2008

July 1, 2008

January 1, 2015

4.68%

1 month LIBOR

N/A

4,361

—

(1)

—

(241)

—

(216)

(243)

(68)

(1)

—

(507)

(52)

0

$

60,044 $

(458) $

(871)

We have, and may in the future enter into, derivative positions that do not qualify for hedge accounting treatment. The gains or 
losses resulting from marking-to-market, these derivatives at the end of each reporting period are recognized as an increase or 
decrease in “interest expense” on our consolidated statements of income. In addition, we are, and may in the future be, subject to 
additional expense based on the notional amount of the derivative positions and a specified spread over LIBOR. 

Equity Price Risk

We are exposed to equity price risk as a result of our investments in marketable equity securities. Equity price risk is based on 
volatility of equity prices and the values of corresponding equity indices.

68

 
Other than temporary impairments on our investments in marketable securities were $1.1, $1.9 and $24.4 million for the years 
ended December 31, 2013, 2012 and 2011, respectively.  We believe that our investments will continue to generate dividend income 
and we could continue to recognize gains on sale. However, due to general economic and credit market uncertainties it is difficult 
to project where the REIT market and our portfolio will perform in 2014.

Although it is difficult to project what factors may affect the prices of equity sectors and how much the effect might be, the table 
below illustrates the impact of a 10% increase and a 10% decrease in the price of the equities held by us would have on the value 
of the total assets and the book value of the Company as of December 31, 2013 (dollar amounts stated in thousands).

Equity securities

$

164,472

234,760

211,284

258,236

Cost

Fair Value

Hypothetical 10%
Decrease in
Market Value

Hypothetical 10%
Increase in
Market Value

69

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)
Index

Item 8. Consolidated Financial Statements and Supplementary Data

Report of Independent Registered Public Accounting Firm

Financial Statements:

Consolidated Balance Sheets at December 31, 2013 and 2012

Consolidated Statements of Operations and Other Comprehensive Income for the years ended December 31, 2013, 
2012 and 2011

Consolidated Statements of Changes in Equity for the years ended December 31, 2013, 2012 and 2011

Consolidated Statements of Cash Flows for the years ended December 31, 2013, 2012 and 2011

Notes to Consolidated Financial Statements

Real Estate and Accumulated Depreciation (Schedule III)

Schedules not filed:

All schedules other than the ones listed in the Index have been omitted as the required information is inapplicable or the 
information is presented in the financial statements or related notes.

Page

71

72

73

74

77

80

112

70

 
 
Report of Independent Registered Public Accounting Firm

The Board of Directors and Stockholders

Inland American Real Estate Trust, Inc.:

We have audited the accompanying consolidated balance sheets of Inland American Real Estate Trust, Inc. (the Company) as of 
December 31, 2013 and 2012, and the related consolidated statements of operations and other comprehensive income, changes in 
equity, and cash flows for each of the years in the three-year period ended December 31, 2013. In connection with our audits of 
the consolidated financial statements, we also have audited the financial statement schedule III. These consolidated financial 
statements and financial statement schedule III are the responsibility of the Company’s management. Our responsibility is to 
express an opinion on these consolidated financial statements and financial statement schedule III based on our audits.

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). 
Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements 
are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures 
in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by 
management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable 
basis for our opinion.

In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position 
of Inland American Real Estate Trust, Inc. as of December 31, 2013 and 2012, and the results of their operations and their cash 
flows for each of the years in the three-year period ended December 31, 2013, in conformity with U.S. generally accepted accounting 
principles. Also, in our opinion, the related financial statement schedule III, when considered in relation to the basic consolidated 
financial statements taken as a whole, presents fairly, in all material respects, the information set forth therein.

/S/ KPMG LLP
Chicago, Illinois
March 13, 2014 

71

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Balance Sheets
(Dollar amounts in thousands, except share amounts)

Assets:

Investment properties:

Land

Building and other improvements

Construction in progress

Total

Less accumulated depreciation

Net investment properties

Cash and cash equivalents

Restricted cash and escrows

Investment in marketable securities
Investment in unconsolidated entities
Accounts and rents receivable (net of allowance of $9,378 and $10,348)
Goodwill and intangible assets, net

Deferred costs and other assets
Assets held for sale

Total assets

Liabilities:

Debt
Accounts payable and accrued expenses
Distributions payable
Intangible liabilities, net
Other liabilities
Liabilities held for sale
Total liabilities

Commitments and contingencies
Stockholders’ Equity:

Preferred stock, $.001 par value, 40,000,000 shares authorized, none
outstanding

Common stock, $.001 par value, 1,460,000,000 shares authorized, 909,855,173
and 889,424,572 shares issued and outstanding

Additional paid in capital

Accumulated distributions in excess of net loss

Accumulated other comprehensive income

Total Company stockholders’ equity

Noncontrolling interests

Total equity

Total liabilities and equity

December 31,
2013

December 31,
2012

$

1,356,331

$

$

$

$

$

6,849,321

196,754

8,402,406
(1,251,454)
7,150,952

319,237

137,980

242,819
263,918
65,234
176,998
108,597
1,196,729
9,662,464

4,153,099
174,751
37,911

59,097
90,809
880,156
5,395,823

—

909

8,063,517
(3,870,649)
71,128

4,264,905

1,736

4,266,641

$

9,662,464

$

1,882,715

8,679,105

337,384

10,899,204
(1,581,524)
9,317,680

220,779

104,027

327,655
253,799
121,773
298,828
115,343
—
10,759,884

6,006,146
142,835
37,059

80,769
150,325
—
6,417,134

—

889

7,921,913
(3,664,591)
84,414

4,342,625

125

4,342,750

10,759,884

See accompanying notes to the consolidated financial statements.

72

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Operations and Other Comprehensive Income
(Dollar amounts in thousands, except per share amounts)

Year ended
December 31,
2013

Year ended
December 31,
2012

Year ended
December 31,
2011

$

361,678

$

347,647

$

Income:

  Rental income

  Tenant recovery income

  Other property income

  Lodging income

Total income
Expenses:

  General and administrative expenses

  Property operating expenses

  Lodging operating expenses

  Real estate taxes
  Depreciation and amortization
  Business management fee
  Provision for asset impairment

Total expenses
Operating income (loss)
Interest and dividend income
Other income

Interest expense
Equity in earnings (loss) of unconsolidated entities
Gain, (loss) and (impairment) of investment in
unconsolidated entities, net
Realized gain, (loss) and (impairment) on securities, net
Loss before income taxes
Income tax (expense) benefit
Net loss from continuing operations
Net income (loss) from discontinued operations
Net income (loss)
Less: Net income attributable to noncontrolling interests
Net income (loss) attributable to Company

Net loss per common share, from continuing operations,
basic and diluted

Net income (loss) per common share, from discontinued
operations, basic and diluted

Net income (loss) per common share, basic and diluted

Weighted average number of common shares outstanding,
basic and diluted

Other comprehensive income (loss):

  Unrealized gain (loss) on investment securities

  Unrealized loss on derivatives

  Reclassification adjustment for amounts recognized in net
income

Comprehensive income (loss) attributable to the Company

$

$

$
$
$

$

$

$

71,207

7,202

881,750

1,321,837

55,549

84,107

574,224

85,597

314,630
37,962
242,896
1,394,965

(73,128) $
19,267
15,335
(212,263)
11,958

(3,473)
31,539
(210,765)
(4,759)
(215,524) $
459,588
244,064

$
(16) $
$

244,048

73,214

5,714

692,448

1,119,023

36,815

77,694

449,397

78,348

311,752
39,892
37,830
1,031,728
87,295
23,386
2,010
(209,353)
1,998

$

(12,322)
4,319
(102,667)
(7,762)
(110,429) $
46,780
(63,649) $
(5,689) $
(69,338) $

(0.24) $

(0.13) $

0.51

0.27

0.05
(0.08)

327,052

66,655

8,838

517,840

920,385

31,026

77,691

330,185

68,255

311,573
40,000
24,051
882,781
37,604
22,860
19,694
(215,790)
(12,802)

(106,023)
(16,219)
(270,676)
3,387
(267,289)
(42,256)
(309,545)
(6,708)
(316,253)

(0.32)

(0.05)
(0.37)

899,842,722

879,685,949

858,637,707

17,622
(70)

(30,838)
230,762

$

$

$

45,372
(913)

(1,993)
(26,872) $

(24,950)
(2,799)

20,267
(323,735)

See accompanying notes to the consolidated financial statements.

73

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Changes in Equity
(Dollar amounts in thousands)

For the years ended December 31, 2013, 2012 and 2011 

Number of
Shares

Common
Stock

Additional
Paid-in
Capital

Accumulated
Distributions
in excess of
Net Loss

Accumulated
Other
Comprehensive
Income (Loss)

Non -
controlling
Interests

Total

Non -
controlling
Redeemable
Interests

846,406,774

$

846

$ 7,605,105

$

(2,409,370) $

49,430

$

17,381

$

5,263,392

$

264,132

Balance at January
1, 2011

Net income (loss)

Unrealized loss on
investment
securities

Unrealized loss on
derivatives

Reclassification
adjustment for
amounts
recognized in net
income

Distributions
declared

Distributions to
noncontrolling
interest

Adjustment to
redemption value
for noncontrolling
interest

Contributions from
noncontrolling
interests

Redemption of
noncontrolling
interests

Proceeds from
distribution
reinvestment
program

Share repurchase
program

Balance at
December 31,
2011

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

—

(13,793)

—

—

24,855,275

(2,074,689)

25

(2)

199,566

(14,998)

(316,253)

—

(1,183)

(317,436)

7,891

—

—

—

(429,599)

(24,950)

(2,799)

20,267

—

—

—

—

—

(24,950)

(2,799)

20,267

(429,599)

—

—

—

—

—

—

—

—

—

—

—

—

—

—

(660)

(660)

(7,891)

(15,555)

(29,348)

29,348

651

651

—

(795)

(795)

(293,480)

—

—

199,591

(15,000)

—

—

—

869,187,360

$

869

$ 7,775,880

$

(3,155,222) $

41,948

$

(161) $

4,663,314

$

See accompanying notes to the consolidated financial statements.

74

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Changes in Equity
(continued)
(Dollar amounts in thousands)

For the years ended December 31, 2013, 2012 and 2011 

Balance at January 1, 2012

Net income (loss)

Unrealized gain on investment
securities

Unrealized loss on derivatives

Reclassification adjustment for
amounts recognized in net income

Distributions declared

Disposal of noncontrolling interest

Proceeds from distribution
reinvestment program

Share repurchase program

Number of
Shares

Common
Stock

Additional
Paid-in
Capital

Accumulated
Distributions
in excess of
Net Loss

Accumulated
Other
Comprehensive
Income (Loss)

Noncontrolling
Interests

Total

869,187,360

$

869

$ 7,775,880

$

(3,155,222) $

41,948

$

(161) $ 4,663,314

—

—

—

—

—

—

26,571,399

(6,334,187)

—

—

—

—

—

—

26

(6)

—

—

—

—

—

—

191,759

(45,726)

(69,338)

—

5,689

(63,649)

—

—

—

(440,031)

—

—

—

45,372

(913)

(1,993)

—

—

—

—

—

—

—

(3,806)

(1,597)

—

—

45,372

(913)

(1,993)

(443,837)

(1,597)

191,785

(45,732)

Balance at December 31, 2012

889,424,572

$

889

$ 7,921,913

$

(3,664,591) $

84,414

$

125

$ 4,342,750

See accompanying notes to the consolidated financial statements.

75

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Changes in Equity
(continued)
(Dollar amounts in thousands)

For the years ended December 31, 2013, 2012 and 2011 

Number of
Shares

Common
Stock

Additional
Paid-in
Capital

Accumulated
Distributions
in excess of
Net Loss

Accumulated
Other
Comprehensive
Income (Loss)

Noncontrolling
Interests

Total

Balance at January 1, 2013

889,424,572

$

889

$ 7,921,913

$

(3,664,591) $

84,414

$

125

$ 4,342,750

Net income

Unrealized gain in investment
securities

Unrealized loss on derivatives

Reclassification adjustment for
amounts recognized in net income

Distribution declared, net

Contributions from noncontrolling
interests, net

Proceeds from distribution
reinvestment program

Share repurchase program

—

—

—

—

—

—

26,203,500

(5,772,899)

—

—

—

—

—

—

26

(6)

—

—

—

—

—

—

181,604

(40,000)

244,048

—

—

—

(450,106)

—

—

—

—

17,622

(70)

(30,838)

—

—

—

—

16

—

—

—
—

244,064

17,622

(70)

(30,838)

(450,106)

1,595

1,595

—

—

181,630

(40,006)

Balance at December 31, 2013

909,855,173

$

909

$ 8,063,517

$

(3,870,649) $

71,128

$

1,736

$ 4,266,641

See accompanying notes to the consolidated financial statements.

76

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Cash Flows
(Dollar amounts in thousands)

Cash flows from operating activities:
Net income (loss)

Adjustments to reconcile net income (loss) to net cash provided by
operating activities:

Depreciation and amortization

Amortization of above and below market leases, net
Amortization of debt premiums, discounts, and financing costs

Straight-line rental income
(Gain) loss on extinguishment of debt

Gain on sale of properties, net
Provision for asset impairment
Equity in (income) loss of unconsolidated of entities
Distributions from unconsolidated entities
(Gain), loss and impairment of investment in unconsolidated
entities, net
Realized (gain) loss on investments in securities
Impairment of investments in securities

Other non-cash adjustments, net

Changes in assets and liabilities:

Accounts and rents receivable
Deferred costs and other assets
Accounts payable and accrued expenses
Other liabilities

Net cash flows provided by operating activities
Cash flows from investing activities:

Purchase of investment properties
Acquired in-place and market-lease intangibles, net

Acquired goodwill

Capital expenditures and tenant improvements

Investment in development projects

Proceeds from sale of investment properties

Purchase of investment securities

Sale of investment securities

Investment in unconsolidated entities

Consolidation of joint venture

Proceeds from the sale of and return of capital from
unconsolidated entities

Distributions from unconsolidated entities

Contributions to unconsolidated entities

Payment of leasing fees and franchise fees

Payments from notes receivable

77

Year ended
December 31,
2013

Year ended
December 31,
2012

Year ended
December 31,
2011

$

244,064

$

(63,649) $

(309,545)

383,969
(2,659)
14,730
(8,147)
1,470
(456,563)
247,372
(11,958)
7,217

3,473
(32,591)
1,052
(386)

(4,404)
348
40,579
(4,753)
422,813

(1,172,127)
(12,457)
(10,918)
(66,640)
(60,203)
2,101,277
(3,686)
106,143

—

2,705

40,243

20,121
(5,225)
(5,700)
10,226

438,755
(2,271)
16,107
(11,010)
(9,478)
(40,691)
83,316
(1,998)
7,171

12,322
(6,218)
1,899

2,019

(603)
(3,005)
33,205
350
456,221

(447,909)
(15,838)
(23,735)
(89,578)
(109,441)
522,583
(23,015)
30,095

—

—

13,706

31,710

—
(11,341)
26

439,759
(1,326)

20,430

(13,841)
(10,848)

(16,510)
163,641
12,802
9,849

106,023
(8,137)
24,356

(18,649)

(855)
(12,138)
7,492
5,446
397,949

(446,096)
(18,231)
—

(71,157)

(74,850)

246,317

(79,147)

33,558

(409)

—

100,408

33,954

—

(9,772)

18,443

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Cash Flows
(Dollar amounts in thousands)

Restricted escrows
Other assets

Net cash flows provided by (used in) investing activities

Cash flows from financing activities:

Proceeds from the distribution reinvestment program

Shares repurchased
Distributions paid

Proceeds from mortgage debt and notes payable
Payoffs of mortgage debt

Principal payments of mortgage debt
Proceeds from (payoffs of) margin securities debt, net

Payment of loan fees and deposits

Distributions paid to noncontrolling interests
Distributions paid to noncontrolling redeemable interests
Contributions from noncontrolling interests
Redemption of noncontrolling interests

   Payments for contingent consideration
Disposal of noncontrolling interests
Net cash flows used in financing activities
Net increase (decrease) in cash and cash equivalents

Cash and cash equivalents, at beginning of year
Cash and cash equivalents, at end of year

$

(12,194) $
(8,941)
922,624

(4,735) $
9,310
(118,162)

181,630
(40,006)
(449,253)
1,187,646
(1,978,075)
(48,931)
(79,461)
(12,124)
(16)
—
1,611
—
(10,000)
—
(1,246,979)
98,458

191,785
(45,732)
(439,188)
709,280
(722,233)
(34,735)
18,284
(7,501)
(3,806)
—
—
—
—
(1,597)
(335,443)
2,616

220,779
319,237

$

218,163
220,779

$

$

(6,567)
(13,347)

(286,896)

199,591
(15,000)

(428,650)
1,179,594

(804,204)
(36,036)

58,756

(12,473)
(660)
(7,891)
651
(294,275)
—
—
(160,597)
(49,544)

267,707
218,163

See accompanying notes to the consolidated financial statements.

78

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Consolidated Statements of Cash Flows
(Dollar amounts in thousands)

Year ended
December 31,
2013

Year ended
December 31,
2012

Year ended
December 31,
2011

Supplemental disclosure of cash flow information:

Purchase of investment properties

$

(1,208,370) $

Tenant and real estate tax liabilities assumed at acquisition

Assumption of mortgage debt at acquisition

Non-cash premium (discount) on assumption of mortgage debt at
acquisition

Assumption of lender held escrows

$

$

$

Cash paid for interest, net of capitalized interest of $7,607, $10,487,
and $10,851 for 2013, 2012, and 2011

Supplemental schedule of non-cash investing and financing activities:

Property surrendered in exchange for extinguishment of debt
Property acquired through exchange of notes receivable
Conversion of note receivable to equity interest
Redemption value adjustment for noncontrolling redeemable
interest
Property acquired through transfer of equity interest
Mortgage assumed by buyer upon disposal of property
Properties contributed to an unconsolidated entity, net of related
payables
Consolidation of assets from joint venture
Assumption of mortgage debt at consolidation of joint venture
Liabilities assumed at consolidation of joint venture

552

35,963

702
(974)

(1,172,127) $

(672,125) $
492

232,017

(3,311)
(4,982)
(447,909) $

(448,169)

2,073

—

—

—

(446,096)

270,683

$

309,478

$

296,065

$

5,289
—
—

—
—
7,683

99,092
89,164
88,503
5,616

$

28,655
—
—

—
—
60,659

—
—
—
—

35,524
20,000
17,150

29,348
8,500
—

—
—
—
—

See accompanying notes to the consolidated financial statements.

79

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2013 and 2011

 (1) Organization

Inland American Real Estate Trust, Inc. (the “Company”) was formed on October 4, 2004 (inception) to acquire and manage a 
diversified portfolio of commercial real estate, primarily retail properties and multi-family (both conventional and student 
housing), office, industrial and lodging properties, located in the United States.  The Company is executing on a long-term 
portfolio strategy to focus specifically on the retail, lodging, and student housing asset classes.  The Business Management 
Agreement (the “Agreement”) provides for Inland American Business Manager & Advisor, Inc. (the “Business Manager”), an 
affiliate of the Company’s sponsor, to be the business manager to the Company. On August 31, 2005, the Company commenced 
an initial public offering (the “Initial Offering”) of up to 500,000,000 shares of common stock (“Shares”) at $10.00 each and 
the issuance of 40,000,000 shares at $9.50 per share available to be distributed pursuant to the Company’s distribution 
reinvestment plan. On August 1, 2007, the Company commenced a second public offering (the “Second Offering”) of up to 
500,000,000 shares of common stock at $10.00 per share and up to 40,000,000 shares at $9.50 per share available to be 
distributed through the Company’s distribution reinvestment plan. Effective April 6, 2009, the Company elected to terminate 
the Second Offering.  On March 31, 2009, the Company filed a registration statement to register 50,000,000 shares to be issued 
under the distribution reinvestment plan or “DRP.” Under the DRP, as amended, the purchase price per share is equal to 100% 
of the “market price” of a share of the Company’s common stock until the shares become listed for trading. 

The accompanying consolidated financial statements include the accounts of the Company, as well as all wholly owned 
subsidiaries and consolidated joint venture investments. Wholly owned subsidiaries generally consist of limited liability 
companies (LLCs) and limited partnerships (LPs). The effects of all significant intercompany transactions have been 
eliminated.  

Each property is owned by a separate legal entity which maintains its own books and financial records and each entity's assets 
are not available to satisfy the liabilities of other affiliated entities, except as otherwise disclosed in Debt Note 10. 

At December 31, 2013, the Company owned a portfolio of 277 commercial real estate properties, in which the operating 
activity is reflected in continuing operations on the consolidated statements of operations and other comprehensive income for 
the year ended December 31, 2013, 2012 and 2011.  Additionally, at December 31, 2013, the Company classified 224 properties 
as held for sale, in which the operating activity is reflected in discontinued operations on the consolidated statements of 
operations and other comprehensive income for the years ended December 31, 2013, 2012 and 2011.  Comparatively, at 
December 31, 2012, the Company owned 794 properties and there were no properties classified as held for sale.

The breakdown by segment of the 277 owned properties at December 31, 2013 is as follows:

Segment

Retail

Lodging

Student Housing

Non-core

Property Count

119

99

14

45

Square Ft /Rooms/ Beds

17,031,497 Square feet

19,337 Rooms

8,290 Beds

7,257,246 Square feet

(2) Summary of Significant Accounting Policies

The accompanying consolidated financial statements have been prepared in accordance with U.S. generally accepted 
accounting principles (“GAAP”) and require management to make estimates and assumptions that affect the reported amounts 
of assets and liabilities and disclosure of contingent assets and liabilities at the date of the consolidated financial statements and 
the reported amounts of revenues and expenses during the reporting periods. Actual results could differ from those estimates.

Revenue Recognition

The Company commences revenue recognition on its leases based on a number of factors. In most cases, revenue recognition 
under a lease begins when the lessee takes possession of or controls the physical use of the leased asset. Generally, this occurs 
on the lease commencement date. The determination of who is the owner, for accounting purposes, of the tenant improvements 

80

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

determines the nature of the leased asset and when revenue recognition under a lease begins. If the Company is the owner, for 
accounting purposes, of the tenant improvements, then the leased asset is the finished space and revenue recognition begins 
when the lessee takes possession of the finished space, typically when the improvements are substantially complete. If the 
Company concludes it is not the owner, for accounting purposes, of the tenant improvements (the lessee is the owner), then the 
leased asset is the unimproved space and any tenant improvement allowances funded under the lease are treated as lease 
incentives which reduces revenue recognized over the term of the lease. In these circumstances, the Company begins revenue 
recognition when the lessee takes possession of the unimproved space for the lessee to construct their own improvements. The 
Company considers a number of different factors to evaluate whether it or the lessee is the owner of the tenant improvements 
for accounting purposes. These factors include:

•  whether the lease stipulates how and on what a tenant improvement allowance may be spent;

•  whether the tenant or landlord retains legal title to the improvements;

• 

• 

the uniqueness of the improvements;

the expected economic life of the tenant improvements relative to the length of the lease; and

•  who constructs or directs the construction of the improvements.

The determination of who owns the tenant improvements, for accounting purposes, is subject to significant judgment. In 
making that determination, the Company considers all of the above factors. No one factor, however, necessarily establishes its 
determination.

Rental income is recognized on a straight-line basis over the term of each lease. The difference between rental income earned 
on a straight-line basis and the cash rent due under the provisions of the lease agreements is recorded as deferred rent receivable 
and is included as a component of accounts and rents receivable in the accompanying consolidated balance sheets.

Revenue for lodging facilities is recognized when the services are provided. Additionally, the Company collects sales, use, 
occupancy and similar taxes at its lodging facilities which it presents on a net basis (excluded from revenues) on the 
consolidated statements of operations and other comprehensive income.

The Company records lease termination income if there is a signed termination agreement, all of the conditions of the 
agreement have been met, the tenant is no longer occupying the property and amounts due are considered collectible.

The Company defers recognition of contingent rental income (i.e. percentage/excess rent) until the specified target that triggers 
the contingent rental income is achieved.

Consolidation

The Company evaluates its investments in limited liability companies and partnerships to determine whether such entities may 
be a variable interest entity (“VIE”). If the entity is a VIE, the determination of whether the Company is the primary beneficiary 
must be made. The primary beneficiary determination is based on a qualitative assessment as to whether the entity has (i) power 
to direct significant activities of the VIE and (ii) an obligation to absorb losses or the right to receive benefits that could be 
potentially significant to the VIE. The Company will consolidate a VIE if it is deemed to be the primary beneficiary, as defined 
in Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) 810, Consolidation. The 
equity method of accounting is applied to entities in which the Company is not the primary beneficiary as defined in FASB 
ASC 810, or the entity is not a VIE and the Company does not have effective control, but can exercise influence over the entity 
with respect to its operations and major decisions.

Reclassifications

Certain reclassifications have been made to the 2012 and 2011 consolidated financial statements to conform to the 2013 
presentations. The reclasses primarily represent reclassifications of revenue and expenses to discontinued operations as a result 
of the sales of investment properties and the reclassification of properties as held for sale in 2013.

81

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Capitalization and Depreciation

Real estate is reflected at cost less accumulated depreciation. Ordinary repairs and maintenance are expensed as incurred.

Depreciation expense is computed using the straight line method. Building and other improvements are depreciated based upon 
estimated useful lives of 30 years for building and improvements and 5-15 years for furniture, fixtures and equipment and site 
improvements.

Tenant improvements are amortized on a straight line basis over the life of the related lease as a component of depreciation and 
amortization expense.

Leasing fees are amortized on a straight-line basis over the life of the related lease as a component of depreciation and 
amortization expense.

Loan fees are amortized on a straight-line basis, which approximates the effective interest method, over the life of the related 
loan as a component of interest expense.

Direct and indirect costs that are clearly related to the construction and improvements of investment properties are capitalized. 
Costs incurred for property taxes and insurance are capitalized during periods in which activities necessary to get the property 
ready for its intended use are in progress. Interest costs are also capitalized during such periods. Additionally, the Company 
treats investments accounted for by the equity method as assets qualifying for interest capitalization provided (1) the investee 
has activities in progress necessary to commence its planned principal operations and (2) the investee’s activities include the 
use of such funds to acquire qualifying assets.

Investment Properties Held for Sale

In determining whether to classify an investment property as held for sale, the Company considers whether: (i) management has 
committed to a plan to sell the investment property; (ii) the investment property is available for immediate sale, in its present 
condition; (iii) the Company has initiated a program to locate a buyer; (iv) the Company believes that the sale of the investment 
property is probable; (v) the Company has received a significant non-refundable deposit for the purchase of the property; 
(vi) the Company is actively marketing the investment property for sale at a price that is reasonable in relation to its fair value; 
and (vii) actions required for the Company to complete the plan indicate that it is unlikely that any significant changes will be 
made to the plan.

If all of the above criteria are met, the Company classifies the investment property as held for sale. On the day that these criteria 
are met, the Company suspends depreciation on the investment properties held for sale, including depreciation for tenant 
improvements and additions, as well as on the amortization of acquired in-place leases. The investment properties and liabilities 
associated with those investment properties that are held for sale are classified separately on the consolidated balance sheets for 
the most recent reporting period and recorded at the lesser of the carrying value or fair value less costs to sell. Additionally, the 
operations for the periods presented are classified on the consolidated statements of operations and other comprehensive 
income as discontinued operations for all periods presented. As of December 31, 2013, 224 investment properties were 
classified as held for sale.  As of December 31, 2012, no investment properties were classified as held for sale.  

Disposition of Real Estate
The Company accounts for dispositions in accordance with FASB ASC 360-20, Real Estate Sales.  The Company recognizes 
gain in full when real estate is sold, provided (a) the profit is determinable, that is, the collectability of the sales price is 
reasonably assured or the amount that will not be collectible can be estimated, and (b) the earnings process is virtually 
complete, that is, the seller is not obliged to perform significant activities after the sale to earn the profit.  The Company records 
the transaction as discontinued operations for all periods presented in accordance with FASB ASC 205-20, Presentation of 
Financial Statements - Discontinued Operations.  

Impairment

The Company assesses the carrying values of the respective long-lived assets, whenever events or changes in circumstances 
indicate that the carrying amounts of these assets may not be fully recoverable, such as a reduction in the expected holding 

82

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

period of the asset. If it is determined that the carrying value is not recoverable because the undiscounted cash flows do not 
exceed carrying value, the Company records an impairment loss to the extent that the carrying value exceeds fair value. The 
valuation and possible subsequent impairment of investment properties is a significant estimate that can and does change based 
on our continuous process of analyzing each property and reviewing assumptions about uncertain inherent factors, as well as 
the economic condition of the property at a particular point in time.

The use of projected future cash flows and related holding period is based on assumptions that are consistent with the estimates 
of future expectations and the strategic plan the Company uses to manage its underlying business. However assumptions and 
estimates about future cash flows and capitalization rates are complex and subjective. Changes in economic and operating 
conditions and the Company’s ultimate investment intent that occur subsequent to the impairment analyses could impact these 
assumptions and result in future impairment charges of the real estate properties.

On a periodic basis, management assesses whether there are any indicators that the carrying value of the Company’s 
investments in unconsolidated entities may be other than temporarily impaired. To the extent impairment has occurred, the loss 
is measured as the excess of the carrying value of the investment over the fair value of the investment. The fair value of the 
underlying investment includes a review of expected cash flows to be received from the investee.

Derivative Instruments

In the normal course of business, the Company is exposed to the effect of interest rate changes. The Company limits these risks 
by following established risk management policies and procedures including the use of derivatives to hedge interest rate risk on 
debt instruments.

The Company has a policy of only entering into contracts with established financial institutions based upon their credit ratings 
and other factors. When viewed in conjunction with the underlying and offsetting exposure that the derivatives are designed to 
hedge, the Company has not sustained a material loss from those instruments nor does it anticipate any material adverse effect 
on its net income or financial position in the future from the use of derivatives.

The Company recognizes all derivatives in the balance sheet at fair value. Additionally, the fair value adjustments will affect 
either equity or net income depending on whether the derivative instruments qualify as a hedge for accounting purposes and, if 
so, the nature of the hedging activity. When the terms of an underlying transaction are modified, or when the underlying 
transaction is terminated or completed, all changes in the fair value of the instrument are marked-to-market with changes in 
value included in net income each period until the instrument matures. Any derivative instrument used for risk management that 
does not meet the criteria for hedge accounting is marked-to-market each period in the income statement. The Company does 
not use derivatives for trading or speculative purposes.

Marketable Securities

The Company classifies its investment in securities in one of three categories: trading, available-for-sale, or held-to-maturity. 
Trading securities are bought and held principally for the purpose of selling them in the near term. Held-to-maturity securities 
are those securities in which the Company has the ability and intent to hold the security until maturity. All securities not 
included in trading or held-to-maturity are classified as available-for-sale. Investment in securities at December 31, 2013 and 
2012 consists of common and preferred stock investments and investments in real estate related bonds that are all classified as 
available-for-sale securities and are recorded at fair value. Unrealized holding gains and losses on available-for-sale securities 
are excluded from earnings and reported as a separate component of other comprehensive income until realized. Realized gains 
and losses from the sale of available-for-sale securities are determined on a specific identification basis. A decline in the market 
value of any available-for-sale security below cost that is deemed to be other than temporary, results in a reduction in the 
carrying amount to fair value. The impairment is charged to earnings and a new cost basis for the security is established. When 
a security is impaired, the Company considers whether it has the ability and intent to hold the investment for a time sufficient to 
allow for any anticipated recovery in market value and considers whether evidence indicating the cost of the investment is 
recoverable outweighs evidence to the contrary. Evidence considered in this assessment includes the reasons for the 
impairment, the severity and duration of the impairment, changes in value subsequent to period end and forecasted performance 
of the investee.

83

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Acquisition of Real Estate

The Company allocates the purchase price of each acquired business (as defined in the accounting guidance related to business 
combinations, Accounting Standards Codification 805 - Business Combinations) between tangible and intangible assets at full 
fair value at the date of the transaction. Such tangible and intangible assets include land, building and improvements, acquired 
above market and below market leases, in-place lease value, customer relationships (if any), and any assumed financing that is 
determined to be above or below market terms. Any additional amounts are allocated to goodwill as required, based on the 
remaining purchase price in excess of the fair value of the tangible and intangible assets acquired and liabilities assumed. The 
allocation of the purchase price is an area that requires judgment and significant estimates.

The Company engages a third party to assist in the allocation of the purchase price to land, building, and other assets as stated 
above.  The Company determines whether any financing assumed is above or below market based upon comparison to similar 
financing terms for similar investment properties. The Company allocates a portion of the purchase price to the estimated 
acquired in-place lease costs based on estimated lease execution costs for similar leases as well as lost rent payments during 
assumed lease up period when calculating as if vacant fair values. The Company also evaluates each acquired lease based upon 
current market rates at the acquisition date and considers various factors including geographical location, size and location of 
leased space within the investment property, tenant profile, and the credit risk of the tenant in determining whether the acquired 
lease is above or below market lease costs. After an acquired lease is determined to be above or below market, the Company 
allocates a portion of the purchase price to such above or below acquired lease costs based upon the present value of the 
difference between the contractual lease rate and the estimated market rate. For below market leases with fixed rate renewals, 
renewal periods are included in the calculation of below market in-place lease values. The determination of the discount rate 
used in the present value calculation is based upon the “risk free rate” and current interest rates. This discount rate is a 
significant factor in determining the market valuation which requires judgment of subjective factors such as market knowledge, 
economics, demographics, location, visibility, age and physical condition of the property.

The Company expenses acquisition costs of all transactions as incurred. All costs related to finding, analyzing and negotiating a 
transaction are expensed as incurred as a general and administrative expense, whether or not the acquisition is completed. 

Cash and Cash Equivalents

The Company considers all demand deposits, money market accounts and investments in certificates of deposit and repurchase 
agreements purchased with a maturity of three months or less, at the date of purchase, to be cash equivalents. The Company 
maintains its cash and cash equivalents at financial institutions. The combined account balances at one or more institutions 
periodically exceed the Federal Depository Insurance Corporation (“FDIC”) insurance coverage and, as a result, there is a 
concentration of credit risk related to amounts on deposit in excess of FDIC insurance coverage. The Company believes that the 
risk is not significant, as the Company does not anticipate the financial institutions’ non-performance.

Restricted Cash and Escrows

Restricted escrows primarily consist of cash held in escrow comprised of lenders’ restricted escrows of $41,112 and $36,278, 
post acquisition escrows of $6,463 and $12,435, and lodging furniture, fixtures and equipment reserves of $74,667 and $50,041 
as of December 31, 2013 and 2012, respectively. As of December 31, 2013 and 2012, the restricted cash balance was $15,738 
and $5,273, respectively.

Goodwill

The excess of the cost of an acquired entity over the net of the amounts assigned to assets acquired (including identified 
intangible assets) and liabilities assumed was recorded as goodwill. Goodwill has been recognized and allocated to specific 
properties in our lodging segment since each individual hotel property is an operating segment and considered a reporting unit. 
The Company tests goodwill for impairment annually or more frequently if events or changes in circumstances indicate 
impairment.

In accordance with FASB ASC 350, Intangibles - Goodwill and Other, the Company tested goodwill for impairment by making 
a qualitative assessment of whether it is more likely than not the reporting unit's fair value is less than its carrying amount 
before application of the two-step goodwill impairment test.  The two-step goodwill test was not performed for those assets 

84

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

where it was concluded that it is not more likely than not that the fair value of a reporting unit is less than its carrying amount.  
For those reporting units where this was not the case, the two step procedure detailed below was followed in order to determine 
goodwill impairment.  

In the first step, the Company compared the estimated fair value of each property with goodwill to the carrying value of the 
property’s assets, including goodwill. The fair value is based on estimated future cash flow projections that utilize discount and 
capitalization rates, which are generally unobservable in the market place (Level 3 inputs), but approximate the inputs the 
Company believes would be utilized by market participants in assessing fair value. The estimates of future cash flows are based 
on a number of factors including the historical operating results, known trends, and market/economic conditions. If the carrying 
amount of the property’s assets, including goodwill, exceeds its estimated fair value, the second step of the goodwill 
impairment test is performed to measure the amount of impairment loss, if any. In this second step, if the implied fair value of 
goodwill is less than the carrying amount of goodwill, an impairment charge is recorded in an amount equal to that excess.  The 
Company tested goodwill for impairment as of December 31, 2013, 2012 and 2011 resulting in no impairment recorded as of 
December 31, 2013, 2012 and 2011.

Income Taxes

Deferred tax assets and liabilities are recognized for the estimated future tax consequences attributed to differences between the 
financial statement carrying amounts of existing assets and liabilities and their respective tax basis. Deferred tax assets and 
liabilities are measured using enacted tax rates in effect for the year in which those temporary differences are expected to be 
recovered or settled.

85

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(3) Acquired Properties

The Company records identifiable assets, liabilities, and goodwill acquired in a business combination at fair value.  The 
Company acquired 21 properties, including 4 retail, 14 lodging, and 3 student housing properties for the year ended 
December 31, 2013 and 13 properties, including 4 retail, 7 lodging, and 2 student housing properties, for the year ended 
December 31, 2012, for a gross acquisition price of $1,216,600 and $726,550, respectively.  The table below reflects acquisition 
activity for the year ended December 31, 2013.

Property

Westport Village
South Frisco Village Shopping Center
Walden Park Shopping Center
West Creek Shopping Center

Date
2/22/2013
5/9/2013
8/7/2013
9/26/2013

Segment

Retail
Retail
Retail
Retail
Retail, subtotal

Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging
Lodging, subtotal

Bohemian Hotel Celebration
Andaz San Diego Hotel
Residence Inn Denver Center
Westin Galleria Houston
Westin Oaks Houston
Andaz Savannah
Andaz Napa Valley
Hyatt Regency Santa Clara
Loews New Orleans Hotel
Lorien Hotel & Spa
Hotel Monaco Chicago
Hotel Monaco Denver
Hotel Monaco Salt Lake City
Hyatt Key West

Student Housing
Student Housing
Student Housing
Student Housing, subtotal

University House at TCU
University House Fayetteville
University House Tempe

Total

Gross Acquisition
Price

Square Feet / Rooms
(unaudited)

169,603 Square Feet
227,175 Square Feet
33,637 Square Feet
53,338 Square Feet

115 Rooms
159 Rooms
228 Rooms
487 Rooms
406 Rooms
151 Rooms
141 Rooms
501 Rooms
285 Rooms
107 Rooms
191 Rooms
189 Rooms
225 Rooms
118 Rooms

118 Beds
654 Beds
637 Beds

$33,550
34,350
9,300
15,100
$92,300

$17,500
53,000
80,000
120,000
100,000
43,000
72,000
93,000
74,500
45,250
56,000
75,000
58,000
76,000
$963,250

$15,850
42,200
103,000
$161,050

$1,216,600

2/7/2013
3/4/2013
4/17/2013
8/22/2013
8/22/2013
9/10/2013
9/20/2013
9/20/2013
10/11/2013
10/24/2013
11/1/2013
11/1/2013
11/1/2013
11/15/2013

3/7/2013
7/19/2013
8/13/2013

Additionally, during the second quarter 2013, the Company fully placed in service from construction in progress one student 
housing property, University House Fullerton (1,189 beds) and one non-core property, Cityville Cityplace (Haskell) (356 units), 
for $130,147 and $65,857, respectively.  Subsequently, Cityville Cityplace (Haskell) was sold in the fourth quarter 2013.

For properties acquired during the year ended December 31, 2013, the Company recorded revenue of $108,789 and net 
operating income of $34,053, not including related expensed acquisition costs in 2013.  For properties acquired during the year 
ended December 31, 2012, the Company recorded revenue of $119,436 and net operating income of $19,207, not including 
related expensed acquisition costs in 2012.  During the years ended December 31, 2013, 2012 and 2011, the Company incurred 
$2,987, $1,644 and $1,680, respectively, of acquisition and transaction costs that were recorded in general and administrative 
expenses on the consolidated statements of operations and other comprehensive income.

86

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(4) Discontinued Operations

The Company sold 313 properties and surrendered one retail property to the lender (in satisfaction of non-recourse debt) for the 
year ended December 31, 2013 and sold 166 properties and surrendered one lodging property and 19 non-core properties 
(cross-collateralized by one loan) to the lender (in satisfaction of non-recourse debt) for the year ended December 31, 2012 for 
a gross disposition price of $2,039,060 and $603,500, respectively.  For the year ended December 31, 2011 the Company 
surrendered three properties to the lender and sold 26 properties for a gross disposition price of $242,300.  The table below 
reflects disposition activity for the year ended December 31, 2013.

Segment
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core
Non-core, subtotal

Property

Citizens Banks - 8 Properties
Nantucket Apartments
SunTrust - 27 Properties
IDS Center
Medical Office Building- 3 Properties
Citizens Banks - 5 Properties
SunTrust - 176 Properties
Citizens Bank - 1 property
Kato/Milmont
Logan's Roadhouse
SunTrust - 7 properties
Triple net portfolio - 56 properties
Apartment portfolio - 14 properties
United Healthcare Green Bay
MCP I, II & III
Cityville Cityplace (Haskell)
Citizens (CFG) Mellon Bank Bldg.

Middleburg Crossing
95th & Cicero
Stone Creek Crossing

Baymont Inn - Jacksonville
Homewood Suites - Durham
Fairfield Inn-Ann Arbor

Retail
Retail
Retail
Retail, subtotal

Lodging
Lodging
Lodging
Lodging, subtotal

Total

Date
Q1 2013
3/13/2013
3/22/2013
4/25/2013
5/2/2013
Q2 2013
Q2 2013
7/23/2013
8/23/2013
9/6/2013
Q3 2013
Q3 2013
Q3 2013
10/7/2013
12/6/2013
12/20/2013
12/31/2013

12/20/2013
12/27/2013
12/31/2013

2/6/2013
3/21/2013
8/15/2013

Gross Disposition
Price

$6,600
46,100
50,800
253,500
36,400
7,900
307,700
1,400
6,900
2,600
13,700
602,500
460,000
67,160
42,300
76,250
3,250
$1,985,060

$8,750
14,000
11,450
$34,200

$3,500
8,300
8,000
$19,800

$2,039,060

Sq Ft/Units/Rooms
(unaudited)

23,428 Square Feet

394 Units
146,851 Square Feet
1,462,374 Square Feet
181,703 Square Feet
27,182 Square Feet
883,279 Square Feet
4,810 Square Feet
125,818 Square Feet
7,995 Square Feet
28,579 Square Feet
5,435,508 Square Feet
4,378 Units

400,000 Square Feet
336,183 Square Feet
356 Units

14,567 Square Feet

74,717 Square Feet
76,479 Square Feet
62,476 Square Feet

118 Rooms
96 Rooms
109 Rooms

The Company classified 224 properties as held for sale as of December 31, 2013, and the operations are reflected in 
discontinued operations on the consolidated statements of operations and other comprehensive income for the year ended 
December 31, 2013, 2012 and 2011.  As of December 31, 2012, there were no properties classified as held for sale.

The Company has presented separately as discontinued operations in all periods the results of operations for all disposed and 
held for sale assets in consolidated operations.  The components of the Company’s discontinued operations are presented below 

87

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

and include the results of operations for the respective periods that the Company owned such assets or was involved with the 
operations of such ventures during the years ended December 31, 2013, 2012 and 2011.

Revenues
Depreciation and amortization expense
Other expenses
Provision for asset impairment
Operating income from discontinued operations
Interest expense and other
Gain on sale of properties, net
Gain (loss) on extinguishment of debt
Gain (loss) on transfer of assets
Net income (loss) from discontinued operations

Year ended
December 31, 2013
227,213
$
69,336
45,177
4,476
108,224
(72,912)
442,577
(18,285)

$
$

(16) $
$

459,588

Year ended
December 31, 2012
388,651
$
127,002
109,105
45,485
107,059
(111,168)
39,236
9,478
2,175
46,780

Year ended
December 31, 2011
443,188
$
128,186
142,987
139,590
32,425
(101,532)
11,457
10,848
4,546
(42,256)

$
$

For the years ended December 31, 2013, 2012 and 2011, the Company had proceeds from the sale of investment properties of 
$1,999,524, $545,132, and $246,317, respectively.  

(5) Investment in Partially Owned Entities

Consolidated Entities

On October 11, 2005, the Company entered into a joint venture with Minto (Delaware), LLC, or Minto Delaware who owned 
all of the outstanding equity of Minto Builders (Florida), Inc. (“MB REIT”) prior to October 11, 2005. Pursuant to the terms of 
the purchase agreement, the Company purchased 920,000 shares of common stock of MB REIT at a price of $1,276 per share 
for a total investment of approximately $1,172,000 in MB REIT. MB REIT was not considered a VIE as defined in FASB ASC 
810, Consolidation, however the Company had a controlling financial interest in MB REIT, had the direct ability to make major 
decisions for MB REIT through its voting interests, and held key management positions in MB REIT. Therefore this entity was 
consolidated by the Company and the outside ownership interests were reflected as noncontrolling redeemable interests in the 
accompanying consolidated financial statements.  On October 4, 2011, the Company bought out the common and preferred 
stock of the consolidated MB REIT joint venture for $293,480. No gain or loss was recorded due to this transaction because 
there was no change in control.

The Company has ownership interests of 67% in various limited liability companies which own nine shopping centers. These 
nine  shopping centers are considered held for sale as of December 31, 2013.  The assets and liabilities associated with these 
nine  shopping centers are classified separately as held for sale on the consolidated balance sheets for the most recent reporting 
period.  The operations for the periods presented are classified on the consolidated statements of operations and other 
comprehensive income as discontinued operations for all periods presented.  These entities are considered VIEs as defined in 
FASB ASC 810, and the Company is considered the primary beneficiary of each of these entities. Therefore, these entities are 
consolidated by the Company. The entities' agreements contain put/call provisions which grant the right to the outside owners 
and the Company to require these entities to redeem the ownership interests of the outside owners during future periods. 
Because the outside ownership interests are subject to a put/call arrangement requiring settlement for a fixed amount, these 
entities are treated as 100% owned subsidiaries by the Company with the amount of $47,762 as of December 31, 2013 and 2012 
due to the outside owners reflected as a financing and included within held for sale other liabilities, in the accompanying 
consolidated financial statements. Interest expense is recorded on these liabilities in an amount generally equal to the preferred 
return due to the outside owners as provided in the entities agreements.

During the fourth quarter 2013, the Company entered into two joint ventures to each develop a lodging property.  The Company 
has ownership interests of 75% in each joint venture.  These entities are considered VIEs as defined in FASB ASC 810.  The 
Company determined that it has the power to direct the activities of a VIE that most significantly impact the VIE’s economic 

88

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

performance, as well as the obligation to absorb losses of the VIE that could potentially be significant to the VIE or the right to 
receive benefits from the VIE that could potentially be significant to the VIE.  As such, the Company has a controlling financial 
interest and is considered the primary beneficiary of each of these entities. Therefore, these entities are consolidated by the 
Company. 

For these VIEs where the Company is the primary beneficiary, the following are the liabilities of the consolidated VIEs, which 
are not recourse to the Company, and the assets that can be used only to settle those obligations.

Net investment properties
Other assets
Total assets
Mortgages, notes and margins payable
Other liabilities
Total liabilities
Net assets

Unconsolidated Entities

December 31, 2013

December 31, 2012

$

$
$

$
$

$

123,121
8,766
131,887
$
(77,873) $
(49,904)
(127,777) $
$
4,110

113,476
8,687
122,163
(84,291)
(49,648)
(133,939)
(11,776)

The entities listed below are owned by the Company and other unaffiliated parties in joint ventures. Net income, distributions 
and capital transactions for these properties are allocated to the Company and its joint venture partners in accordance with the 
respective partnership agreements. These entities are not consolidated by the Company and the equity method of accounting is 
used to account for these investments. Under the equity method of accounting, the net equity investment of the Company and 
the Company’s share of net income or loss from the unconsolidated entity are reflected in the consolidated balance sheets and 
the consolidated statements of operations and other comprehensive income.

Entity
Cobalt Industrial REIT II (a)
D.R. Stephens Institutional Fund, LLC (b)
Brixmor/IA JV, LLC (c)
IAGM Retail Fund I, LLC (d)

Other unconsolidated entities (e)

Description
Industrial portfolio
Industrial assets
Retail shopping centers
Retail shopping centers

Various real estate
investments

Ownership %
36%
90%
(c)
55%

Various

Investment at
Dec. 31, 2013

Investment at
Dec. 31, 2012

$

$

$

83,306
—
77,551
90,509

12,552
263,918

$

102,599
34,541
90,315
—

26,344
253,799

(a)  On June 29, 2007, the Company entered into a joint venture, Cobalt Industrial REIT II (“Cobalt”), to invest $149,000 in 
shares of common beneficial interest. The Company analyzed the venture and determined that it was not a VIE. The 
Company also considered its participating rights under the joint venture agreement and determined that such 
participating rights also require the agreement of Cobalt, which equates to shared decision making ability, and therefore 
do not give the Company control over the venture. As such, the Company has significant influence but does not control 
Cobalt. Therefore, the Company does not consolidate this entity, rather the Company accounts for its investment in the 
entity under the equity method of accounting.

(b)  On April 23, 2007, the Company entered into a joint venture, D.R. Stephens Institutional Fund, LLC, between the 

Company and Stephens Ventures III, LLC (“Stephens Member”) for the purpose of acquiring entities engaged in the 
acquisition, ownership, and development of real property. The Company’s initial capital contribution was limited to 
approximately $90,000 and the Stephens Member’s initial contribution was limited to approximately $10,000.  During 
the year ended December 31, 2013, the Company recorded an other than temporary impairment of $5,528 for this joint 

89

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

venture.  On December 31, 2013, the Company entered into a definitive agreement and purchased Stephens Member's 
interest in D.R. Stephens Institutional Fund, LLC, which resulted in the Company obtaining control of the venture.  
Therefore, as of December 31, 2013, the Company consolidated this entity, recorded the assets and liabilities of the joint 
venture at fair value, and recorded a loss of $4,411 on the purchase of the investment.  

(c)  On December 6, 2010, the Company entered into a Joint Venture with Brixmor Residual Holding LLC (“Brixmor”) 

(formerly Centro NP Residual Holding LLC), resulting in the creation of Brixmor/IA JV, LLC (formerly Centro/IA JV, 
LLC). The joint venture structure provides the Company with an equity stake of $121,534, a preferred capital position 
and preferred return of 11%. The Company analyzed the venture and determined that it was not a VIE. The Company 
also considered its participating rights under the joint venture agreement and determined that such participating rights 
also require the agreement of Brixmor, which equates to shared decision making ability, and therefore do not give the 
Company control over the venture. As such, the Company has significant influence but does not control Brixmor/IA JV, 
LLC. Therefore, the Company does not consolidate this entity, rather the Company accounts for its investment in the 
entity under the equity method of accounting.

(d)  On April 17, 2013, the Company entered into a joint venture, IAGM Retail Fund I, LLC ("IAGM"), with PGGM Private 

Real Estate Fund ("PGGM"), for the purpose of acquiring, owning, managing, supervising, and disposing of properties 
and sharing in the profits and losses from those properties and its activities.  The Company initially contributed 13 
multi-tenant retail properties totaling 2,109,324 square feet from its portfolio to IAGM for an equity interest of $96,788, 
and PGGM contributed $79,190.  The gross disposition price was $409,280.  On July 1, 2013, the Company contributed 
another multi-tenant retail property, South Frisco Village, for a gross disposition price of  $34,350.  The Company 
treated these dispositions as a partial sale, and the activity related to the disposed properties remains in continuing 
operations on the consolidated statements of operations and other comprehensive income, since the Company has an 
equity interest in IAGM, and therefore the Company has continued ownership interest in the properties.  The Company 
recognized a gain on sale of $12,783 for the year ended December 31, 2013, which is included in other income on the 
consolidated statements of operations and other comprehensive income, and recorded an equity investment basis 
adjustment of $15,625.  The Company amortizes the basis adjustment over 30 years consistent with the depreciation of 
the investee's underlying assets.

The Company is the managing member of IAGM, responsible for the day-to-day activities and earns fees for venture 
management, leasing and other services provided to IAGM.  An affiliate of the Company is responsible for and earns 
fees for property management.  The Company analyzed the joint venture agreement and determined that it was not a 
variable interest entity.  The Company also considered PGGM's participating rights under the joint venture agreement 
and determined that PGGM has the ability to participate in major decisions, which equates to shared decision making 
ability.  As such, the Company has significant influence but does not control IAGM.  Therefore, this joint venture is 
unconsolidated and accounted for using the equity method of accounting.

(e)  On July 7, 2011, a foreclosure sale was held on a hotel property which previously secured one of the Company’s notes 
receivable. The note had been in default and fully impaired since 2009. A trust, on behalf of the lender group, was the 
successful bidder at the foreclosure sale and thereby, the Company obtained an equity interest in the trust which is the 
100% owner of the hotel property. The Company’s interest is not consolidated and the equity method is used to account 
for the investment. The Company recorded its equity interest at fair value and recognized a gain of $17,150 in 2011 on 
the conversion of the note reflected in other income on the consolidated statement of operations and other 
comprehensive income.  On August 9, 2013, the hotel property was sold and during the fourth quarter 2013, the 
Company received its proceeds from the sale and recognized a gain of $6,983  Additionally, as of December 31, 2013, 
the Company recorded an impairment of $1,003 on a lodging joint venture and a gain of $487 on the sale of three 
lodging joint ventures.  Gains and impairments of unconsolidated joint ventures are included in gain, loss and 
impairment of investment in unconsolidated entities, net, on the consolidated statement of operations and other 
comprehensive income.

In total, the Company recorded an impairment of $6,532, $9,365 and $113,621 related to two, three and one of its 
unconsolidated entities for the years ended December 31, 2013, 2012 and 2011, respectively.

90

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Combined Financial Information

The following table presents the combined financial information for the Company’s investment in unconsolidated entities.

Balance Sheet:
Assets:

Real estate assets, net of accumulated depreciation
Other assets
Total Assets

Liabilities and Equity:
Mortgage debt
Other liabilities
Equity
Total Liabilities and Equity

Company’s share of equity

Net excess (deficiency) of cost of investments over (under) the net book value of
underlying net assets (net of accumulated depreciation of $783 and $1,714,
respectively)
Carrying value of investments in unconsolidated entities

Balance as of
December 31, 2013

Balance as of
December 31, 2012

$

$

$

$

$

$

1,558,312
272,810
1,831,122

1,135,630
96,217
599,275
1,831,122

278,745

(14,827)
263,918

$

$

$

$

$

$

1,437,268
222,096
1,659,364

1,062,086
89,573
507,705
1,659,364

252,994

805
253,799

December 31,
2013

For the years ended
December 31,
2012

December 31,
2011

$

214,582

$

202,155

$

283,913

52,349
70,024

74,510
—
196,883
17,699
8,128
25,827

$

$

63,233
83,324

76,149
553
223,259
(21,104) $
9,484
(11,620) $

91,965
111,699

159,539
21,017
384,220
(100,307)
9,219
(91,088)

11,958

$

1,998

$

(12,802)

Statement of Operations:
Revenues
Expenses:

Interest expense and loan cost amortization
Depreciation and amortization
Operating expenses, ground rent and general and administrative
expenses

Impairments
Total expenses
Net income (loss) before gain on sale of real estate

Gain on sale of real estate

Net income (loss)
Company’s share of:

Net income (loss), net of excess basis depreciation of $529,
$342, and $5

$

$

$

91

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The unconsolidated entities had total third party mortgage debt of $1,135,630 at December 31, 2013 that matures as follows:

Year
2014
2015
2016
2017
2018
Thereafter

Amount

74,536
28,478
—
161,580
204,028
667,008
1,135,630

$

$

Of the total outstanding debt, approximately $23,000 is recourse to the Company.  It is anticipated that the joint ventures will be 
able to repay or refinance all of their debt on a timely basis.

(6) Transactions with Related Parties

The following table summarizes the Company’s related party transactions for the years ended December 31, 2013, 2012 and 
2011.

General and administrative:

General and administrative
reimbursement (a)

Loan servicing (b)
Investment advisor fee (c)

Total general and administrative to related
parties

Property management fees (d)
Business manager fee (e)
Loan placement fees (f)

For the years ended

Unpaid amounts as of

December 31,
2013

December 31,
2012

December 31,
2011

December 31,
2013

December 31,
2012

$

$
$

$

$
$

15,751
—
1,667

17,418
21,818
37,962
519

$

$
$

12,189
147
1,768

14,104
27,406
39,892
1,241

$

$
$

9,404
586
1,564

11,554
31,437
40,000
1,260

$

$
$

4,834
—
115

4,949
67
8,836
—

4,017
—
150

4,167
75
9,910
—

(a)  The Business Manager and its related parties are entitled to reimbursement for general and administrative expenses of 

the Business Manager and its related parties relating to the Company’s administration. Unpaid amounts as of December 
31, 2013 and 2012 are included in accounts payable and accrued expenses on the consolidated balance sheets.

(b)  A related party of the Business Manager provided loan servicing to the Company.

(c)  The Company pays a related party of the Business Manager to purchase and monitor its investment in marketable 

securities.

(d)  The property managers, entities owned principally by individuals who were related parties of the Business Manager, are 
entitled to receive property management fees up to a certain percentage of gross operating income (as defined).  For the 
year ended December 31, 2013, the management fees by property type are as follows:   (i) for any bank branch facility 
(office or retail), 2.50% of the gross income generated by the property; (ii) for any multi-tenant industrial property, 
4.00% of the gross income generated by the property; (iii) for any multi-family property, 3.75% of the gross income 
generated by the property; (iv) for any multi-tenant office property, 3.75% of the gross income generated by the 
property; (v) for any multi-tenant retail property, 4.50% of the gross income generated by the property; (vi) for any 
single-tenant industrial property, 2.25% of the gross income generated by the property; (vii) for any single-tenant office 
property, 2.90% of the gross income generated by the property; and (viii) for any single-tenant retail property, 2.90% of 
the gross income generated by the property. 

92

 
 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

In addition to these fees, the property managers receive reimbursements of payroll costs for property level employees. 
The Company reimbursed the property managers and other affiliates $11,019, $14,055 and $15,752 for the year ended 
December 31, 2013, 2012 and 2011, respectively.  Unpaid amounts as of December 31, 2013 and 2012 are included in 
other liabilities on the consolidated balance sheets.  

(e)  After the Company’s stockholders have received a non-cumulative, non-compounded return of 5.00% per annum on 

their “invested capital,” the Company pays its Business Manager an annual business management fee of up to 1.00% of 
the “average invested assets,” payable quarterly in an amount equal to 0.25% of the average invested assets as of the last 
day of the immediately preceding quarter. For the years ended December 31, 2013, 2012 and 2011, average invested 
assets were $10,742,053, $11,470,745 and $11,515,550.  The Company incurred a business management fee of $37,962, 
$39,892, and $40,000, which is equal to 0.37%, 0.35%, and 0.35% of average invested assets for the years ended 
December 31, 2013, 2012 and 2011, respectively.  Pursuant to the letter agreement dated May 4, 2012, the business 
management fee shall be reduced in each particular quarter for investigation costs exclusive of legal fees incurred in 
conjunction with the SEC matter.  During the years ended December 31, 2013 and 2012, the Company incurred $2,038 
and $108 of investigation costs, resulting in a business management fee expense of $37,962 and $39,892 for the year 
ended December 31, 2013.  In addition, effective July 30, 2013, the Company extended the agreement with the Business 
Manager through July 30, 2014 and provides that the Company may terminate the Business Manager agreement without 
cause or penalty upon 30 days' written notice to the Business Manager.  Pursuant to the March 12, 2014 self-
management transactions, both the Business Manager agreement and the May 4, 2012 letter agreement by the Business 
Manager have been terminated.  Further information on the self-management transactions is included in Subsequent 
Events Note 17.

(f)  The Company pays a related party of the Business Manager 0.2% of the principal amount of each loan placed for the 

Company. Such costs are capitalized as loan fees and amortized over the respective loan term.

As of December 31, 2013 and 2012, the Company had deposited $376 and $375, respectively, in Inland Bank and Trust, a 
subsidiary of Inland Bancorp, Inc., an affiliate of The Inland Real Estate Group, Inc.

The Company is party to an agreement with an LLC formed as an insurance association captive (the “Captive”), which is 
wholly-owned by the Company and three related parties, Inland Real Estate Corporation (“IRC”), Inland Diversified Real 
Estate Trust, Inc., Inland Real Estate Income Trust, Inc., and a third party, Retail Properties of America ("RPAI").  The 
Company paid insurance premiums of $12,399,  $12,217 and $9,627 for the years ended December 31, 2013, 2012 and 2011, 
respectively.

 As of December 31, 2013 and 2012, the Company held 899,820 shares of IRC valued at $9,466 and $7,540, respectively.

(7) Investment in Marketable Securities

Investment in marketable securities of $242,819 and $327,655 at December 31, 2013 and 2012, respectively, consists primarily 
of preferred and common stock investments in other REITs and certain real estate related bonds which are classified as 
available-for-sale securities and recorded at fair value. The cost basis net of impairments of available-for-sale securities was 
$171,450 and $242,370 at December 31, 2013 and 2012, respectively.

Unrealized holding gains and losses on available-for-sale securities are excluded from earnings and reported as a separate 
component of comprehensive income until realized. The Company has net accumulated other comprehensive income related to 
its marketable securities portfolio of $71,369, $85,285 and $44,234, which includes gross unrealized losses of $3,189, $2,014 
and $9,990 as of December 31, 2013, 2012 and 2011, respectively.  Securities with gross unrealized losses have a related fair 
value of $23,394 as of December 31, 2013.

The Company’s policy for assessing recoverability of its available-for-sale securities is to record a charge against net earnings 
when the Company determines that a decline in the fair value of a security drops below the cost basis and believes that decline 
to be other-than-temporary. Factors in the assessment of other-than-temporary impairment include determining whether (1) the 
Company has the ability and intent to hold the security until it recovers, and (2) the length of time and degree to which the 
security’s price has declined. During the year ended December 31, 2013, the Company recorded impairment of $1,052 
compared to an impairment of $1,899 and $24,356 for the years ended December 31, 2012 and 2011 for other-than-temporary 

93

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

declines on certain available-for-sale securities, which is included as a component of realized gain (loss) and (impairment) on 
securities, net on the consolidated statements of operations and other comprehensive income.

Dividend income is recognized when earned. During the years ended December 31, 2013, 2012 and 2011, dividend income of 
$16,926, $20,757 and $18,586 was recognized and is included in interest and dividend income on the consolidated statements 
of operations and other comprehensive income.

(8) Leases

Operating Leases

Minimum lease payments to be received under operating leases, excluding student housing and lodging properties and 
assuming no expiring leases are renewed, are as follows:

Minimum Lease Payments

2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Thereafter
Total

$

$

292,558
266,289
222,988
172,661
132,795
96,777
69,445
57,242
43,559
36,354
175,269
1,565,937

The remaining lease terms range from one year to eighty-one years. The majority of the revenue from the Company’s properties 
consists of rents received under long-term operating leases. Some leases provide for the payment of fixed base rent paid 
monthly in advance, and for the reimbursement by tenants to the Company for the tenant’s pro rata share of certain operating 
expenses including real estate taxes, special assessments, insurance, utilities, common area maintenance, management fees, and 
certain building repairs paid by the landlord and recoverable under the terms of the lease. Under these leases, the landlord pays 
all expenses and is reimbursed by the tenant for the tenant’s pro rata share of recoverable expenses paid. Certain other tenants 
are subject to net leases which provide that the tenant is responsible for fixed base rent as well as all costs and expenses 
associated with occupancy. Under net leases where all expenses are paid directly by the tenant rather than the landlord, such 
expenses are not included in the consolidated statements of operations and other comprehensive income. Under leases where all 
expenses are paid by the landlord, subject to reimbursement by the tenant, the expenses are included within property operating 
expenses and reimbursements are included in tenant recovery income on the consolidated statements of operations and other 
comprehensive income.

94

 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(9) Intangible Assets and Goodwill

The following table summarizes the Company’s identified intangible assets, intangible liabilities and goodwill as of December 
31, 2013 and 2012.

Intangible assets:

Acquired in-place lease
Acquired above market lease
Acquired below market ground lease
Advance bookings
Accumulated amortization

Net intangible assets
Goodwill, net

Total intangible assets, net
Intangible liabilities:

Acquired below market lease
Acquired above market ground lease
Accumulated amortization

Net intangible liabilities

Balance as of
December 31, 2013

Balance as of
December 31, 2012

$

$

$

$

305,143
37,558
13,336
13,666
(234,818)
134,885
42,113
176,998

79,691
5,839
(26,433)
59,097

$

$

$

$

573,711
41,276
10,536
8,410
(366,301)
267,632
31,196
298,828

101,430
5,839
(26,500)
80,769

The portion of the purchase price allocated to acquired above market lease costs and acquired below market lease costs are 
amortized on a straight line basis over the life of the related lease, including the respective renewal period for below market 
lease costs with fixed rate renewals, as an adjustment to rental income. Amortization pertaining to the above market lease costs 
was applied as a reduction to rental income. Amortization pertaining to the below market lease costs was applied as an increase 
to rental income. The portion of the purchase price allocated to acquired in-place lease intangibles is amortized on a straight 
line basis over the life of the related lease.

The following table summarized the amortization related to acquired above and below market lease costs and acquired in-place 
lease intangibles for the years ended December 31, 2013, 2012 and 2011.

Amortization of:

Acquired above market lease costs
Acquired below market lease costs

Net rental income increase
Acquired in-place lease intangibles

For the years ended

December 31,
2013

December 31,
2012

December 31,
2011

(3,098) $
5,493
2,395
33,215

$
$

(3,828) $
5,800
1,972
34,340

$
$

(4,393)
5,781
1,388
43,386

$

$
$

95

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The following table presents the amortization during the next five years and thereafter related to intangible assets and liabilities 
at December 31, 2013. 

2014

2015

2016

2017

2018

Thereafter

Total

Amortization of:
Acquired above market lease costs $
Acquired below market lease costs
Net rental income increase
(decrease)
Acquired in-place lease
intangibles

$

$

Advance bookings
Acquired below market ground
lease

Acquired above market ground
lease

(10) Debt

(5,767) $
4,329

(5,342) $
4,186

(5,135) $
4,028

(1,530) $
3,873

(1,183) $
3,740

(1,456) $
34,182

(20,413)
54,338

(1,438) $

(1,156) $

(1,107) $

2,343

$

28,077
4,380

$

22,199
3,243

18,108
1,979

$

9,581
—

$

$

$

$

2,557

6,666
—

$

$

32,726

13,530
—

33,925

98,161
9,602

(206)

(206)

(206)

(206)

(206)

(5,679)

(6,709)

140

140

140

140

140

4,059

4,759

During the years ended December 31, 2013 and 2012, the following debt transactions occurred:

Balance at December 31, 2011

New financings
Paydown of debt
Assumed financings, net of discount
Extinguishment of debt
Amortization of discount/premium

Balance at December 31, 2012

New financings
Paydown of debt
Assumed financings, net of discount
Extinguishment of debt
Amortization of discount/premium
Debt classified as held for sale

Balance at December 31, 2013

Mortgages Payable

$

$

$

5,902,712
867,651
(409,067)
228,706
(590,344)
6,488
6,006,146
1,317,821
(797,610)
127,590
(1,680,015)
5,929
(826,762)
4,153,099

Mortgage loans outstanding as of December 31, 2013 and 2012 were $4,737,459 and $5,894,443 and had a weighted average 
interest rate of 5.09% and 5.10% per annum, respectively.  Of these mortgage loans outstanding at December 31, 2013, 
approximately $826,762 related to properties held for sale.  Mortgage premium and discount, net was a discount of $17,459 and 
$27,439 as of December 31, 2013 and 2012.  As of December 31, 2013, scheduled maturities for the Company’s outstanding 
mortgage indebtedness had various due dates through December 2041, as follows:

96

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

2014
2015
2016
2017
2018
Thereafter
Total

As of
December 31, 2013

$

$

418,491
544,439
776,658
1,177,451
667,261
1,153,159
4,737,459

Weighted average
interest rate
3.94%
4.38%
5.41%
5.78%
5.11%
4.90%

The Company is negotiating refinancing debt maturing in 2014 with various lenders at terms that will allow us to pay lower 
interest rates. It is anticipated that the Company will be able to repay, refinance or extend the maturities and the Company 
believes it has adequate sources of funds to meet short term cash needs related to these refinancings. Of the total outstanding 
debt, approximately $261,130 is recourse to the Company.

Some of the mortgage loans require compliance with certain covenants, such as debt service ratios, investment restrictions and 
distribution limitations. As of December 31, 2013, the Company was in compliance with all mortgage loan requirements except 
six loans with a carrying value of $116,910; none of which are cross collateralized with any other mortgage loans or recourse to 
the Company. The original stated maturities of the mortgage loans in default are reflected as follows: $12,100 in 2011, $11,000 
in 2012, $20,115 in 2016 and $73,695 in 2017.

Line of Credit

On  May 8,  2013,  the  Company  entered  into  a  credit  agreement  with  KeyBank  National Association,  JP  Morgan  Chase  Bank 
National Association and other financial institutions to provide for a senior unsecured credit facility in the aggregate amount of 
$275,000. The credit facility consisted of of a $200,000 senior unsecured revolving line of credit and a $75,000 unsecured term 
loan.   On November 5, 2013, the Company closed on a $100,000 increase to its revolving line of credit and a $125,000 increase 
to the term loan.  The total revolving line of credit is now $300,000 and the total outstanding term loan is now $200,000.  The 
Company also increased the accordion feature to $800,000.  In all material respects, the terms and conditions of the loan agreements 
remained unchanged.  The senior unsecured revolving line of credit matures on May 7, 2016 and the unsecured term loan matures 
on May 7, 2017. The Company has a one year extension option on the revolver which it may exercise as long as there is no existing 
default, it is in compliance with all covenants, a 60-day notice has been provided and it pays an extension fee equal to 0.20% of 
the commitment amount being extended.

As of December 31, 2013, the terms of the credit agreement stipulate:

•  monthly interest-only payments at a rate of LIBOR plus a margin ranging from 1.60% to 2.45% on the outstanding 
balance of the revolver depending on leverage levels, and at a rate of LIBOR plus a margin ranging from 1.50% to 
2.45% on the outstanding balance of the term loan depending on leverage levels; 

• 

• 

quarterly unused fees on the revolver ranging from 0.25% to 0.35%, depending on the undrawn amount;

the requirement for a pool of unencumbered assets to support the facility, subject to certain covenants and minimum 
requirements related to the value, debt service coverage, and number of properties included in the collateral pool.

This full recourse credit agreement requires compliance with certain covenants including: a minimum net worth requirement, 
restrictions on indebtedness, a distribution limitation and investment restrictions.  It also contains customary default provisions 
including the failure to timely pay debt service payable thereunder, the failure to comply with the Company's financial and operating 
covenants and the failure to pay when amounts outstanding under the credit agreement become due. In the event the lenders declare 
a default, as defined in the credit agreement, this could result in an acceleration of all outstanding borrowings on the credit facility. 
As of December 31, 2013, management believes the Company was in compliance with all of the covenants and default provisions 
under the credit agreement.  As of December 31, 2013, the interest rates of the revolving line of credit and unsecured term loan 
were 1.60% and 1.67%, respectively. Upon closing the credit agreement, and subsequently upon expansion of the line, the Company 
borrowed the full amount of the term loan which remains outstanding as of December 31, 2013.  As of December 31, 2013, the 
Company had $299,820 available under the revolving line of credit.

97

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Margins Payable

The Company has purchased a portion of its securities through margin accounts. As of December 31, 2013 and 2012, the 
Company recorded a payable of $59,681 and $139,142, respectively, for securities purchased on margin. At December 31, 2013 
and 2012, the interest rate on the margin loans was 0.516% and 0.560%, respectively. Interest expense in the amount of $495, 
$756 and $473 was recognized in interest expense on the consolidated statements of operations and other comprehensive 
income for the years ended December 31, 2013, 2012 and 2011, respectively.

(11) Fair Value Measurements

In accordance with FASB ASC 820, Fair Value Measurement and Disclosures, the Company defines fair value based on the 
price that would be received upon sale of an asset or the exit price that would be paid to transfer a liability in an orderly 
transaction between market participants at the measurement date. The Company uses a fair value hierarchy that prioritizes 
observable and unobservable inputs used to measure fair value. The fair value hierarchy consists of three broad levels, which 
are described below:

•  Level 1 - Quoted prices in active markets for identical assets or liabilities that the entity has the ability to access.

•  Level 2 - Observable inputs, other than quoted prices included in Level 1, such as quoted prices for similar assets and 
liabilities in active markets; quoted prices for identical or similar assets and liabilities in markets that are not active; or 
other inputs that are observable or can be corroborated by observable market data.

•  Level 3 - Unobservable inputs that are supported by little or no market activity and that are significant to the fair value 
of the assets and liabilities. This includes certain pricing models, discounted cash flow methodologies and similar 
techniques that use significant unobservable inputs.

The Company has estimated the fair value of its financial and non-financial instruments using available market information and 
valuation methodologies the Company believes to be appropriate for these purposes. Considerable judgment and a high degree 
of subjectivity are involved in developing these estimates and, accordingly, they are not necessarily indicative of amounts that 
would be realized upon disposition.

 For assets and liabilities measured at fair value on a recurring basis, quantitative disclosure of the fair value for each major 
category of assets and liabilities is presented below:

Fair Value Measurements at December 31, 2013

Using Quoted Prices
in Active Markets
for Identical Assets
(Level 1)

Using Significant
Other Observable
Inputs
(Level 2)

Using Significant
Other Unobservable
Inputs
(Level 3)

$

234,760
—
234,760

$
— $
— $

— $

8,059
$
8,059
(458) $
(458) $

—
—
—
—
—

Available-for-sale real estate equity securities
Real estate related bonds

Total assets

Derivative interest rate instruments

Total liabilities

$

$
$
$

98

 
 
 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Fair Value Measurements at December 31, 2012

Using Quoted Prices
in Active Markets
for Identical Assets
(Level 1)

Using Significant
Other Observable
Inputs
(Level 2)

Using Significant
Other Unobservable
Inputs
(Level 3)

Available-for-sale real estate equity securities
Real estate related bonds

Total assets

Derivative interest rate instruments

Total liabilities

$

$
$
$

Level 1

$

304,811
—
304,811

$
— $
— $

— $

22,844
22,844

$
(871) $
(871) $

—
—
—
—
—

At December 31, 2013 and 2012, the fair value of the available for sale real estate equity securities have been estimated based 
upon quoted market prices for the same or similar issues when current quoted market prices are available. Unrealized gains or 
losses on investment are reflected in unrealized gain (loss) on investment securities in other comprehensive income on the 
consolidated statements of operations and other comprehensive income.

Level 2

To calculate the fair value of the real estate related bonds and the derivative interest rate instruments, the Company primarily 
uses quoted prices for similar securities and contracts. For the real estate related bonds, the Company reviews price histories for 
similar market transactions. For the derivative interest rate instruments, the Company uses inputs based on data that is observed 
in the forward yield curve which is widely observable in the marketplace.  The Company also incorporates credit valuation 
adjustments to appropriately reflect both its own nonperformance risk and the respective counterparty’s nonperformance risk in 
the fair value measurements which utilizes Level 3 inputs, such as estimates of current credit spreads.  However, as of 
December 31, 2013 and 2012, the Company has assessed that the credit valuation adjustments are not significant to the overall 
valuation of its derivatives. As a result, the Company has determined that its derivative valuations in their entirety are classified 
in Level 2 of the fair value hierarchy.  As of December 31, 2013, the Company had entered into interest rate swap agreements 
with a notional value of $60,044. 

Level 3

Non-Recurring Measurements

The following table summarizes activity for the Company’s assets measured at fair value on a non-recurring basis. The 
Company recognized certain non-cash gains and impairment charges to reflect the investments at their fair values for the years 
ended December 31, 2013 and 2012. The asset groups that were reflected at fair value through this evaluation are:

As of December 31, 2013

As of December 31, 2012

Fair Value
Measurements Using
Significant
Unobservable Inputs
(Level 3)

Total Impairment
Losses (Gain)

Fair Value
Measurements
Using Significant
Unobservable Inputs
(Level 3)

Total Impairment
Losses

248,768

$

248,230

$

115,776

$

37,830

1,795
13,108
29,923
293,594

$

1,004
(5,334)
4,411
248,311

$

36,469
—
—
152,245

$

5,165
—
—
42,995

Investment properties
Investment in unconsolidated
entities

Notes receivable
Consolidated investment
Total

$

$

99

 
 
 
 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Investment Properties

During the years ended December 31, 2013 and 2012, the Company identified certain properties which may have a reduction in 
the expected holding period and reviewed the probability of these assets' dispositions.  The Company’s estimated fair value 
relating to the investment properties’ impairment analysis was based on a comparison of letters of intent or purchase contracts, 
broker opinions of value and ten-year discounted cash flow models, which includes contractual inflows and outflows over a 
specific holding period. The cash flows consist of observable inputs such as contractual revenues and unobservable inputs 
forecasted revenues and expenses. These unobservable inputs are based on market conditions and the Company’s expected 
growth rates. Capitalization rates ranging from 6.25% to 10.50% and discount rates ranging from 6.75% to 12.00% were 
utilized in the model and are based upon observable rates that the Company believes to be within a reasonable range of current 
market rates.  

During the year ended December 31, 2013, the Company also identified one property, a large single tenant office property, in 
which it was exploring a potential disposition.  After the Company began exploring a potential sale of the property, it became 
aware of circumstances in which the tenant would reduce the space they occupied.  Although the lease does not expire until 
2016, the Company analyzed various leasing and sale scenarios for the single tenant property.   The Company’s estimated fair 
value relating to the investment properties’ impairment analysis was based on ten-year discounted cash flow models, which 
includes contractual inflows and outflows over a specific holding period. The cash flows consist of observable inputs such as 
contractual revenues and unobservable inputs such as forecasted revenues and expenses. These unobservable inputs are based 
on market conditions and the Company’s expected growth rates. The capitalization rates ranging from 6.25% to 7.75% and 
discount rates ranging from 7.00% to 8.50% were utilized in this model and are based upon observable rates that the Company 
believes to be within a reasonable range of current market rates. Based on the probabilities assigned to such scenarios, it was 
determined the property was impaired and therefore, written down to fair value.  An impairment charge of $147,480 was 
recorded for this asset.

For the years ended, December 31, 2013, 2012 and 2011, the Company recorded an impairment of investment properties of 
$248,230, $37,830  and $24,051, respectively.  Certain properties have been disposed and were impaired prior to disposition 
and the related impairment charge of $4,476, $45,485 and $139,590 was included in discontinued operations for the years 
ended December 31, 2013, 2012 and 2011, respectively.

Investment in Unconsolidated Entities

For the years ended December 31, 2013 and 2012, the Company identified certain investments in unconsolidated entities that 
may be other than temporarily impaired.  The Company's estimated fair value relating to the investment in unconsolidated 
entities' impairment analysis was based on analyzing each joint venture partner's respective waterfall distribution, letters of 
intent or purchase contracts, broker opinions of value, and expected future cash distributions of the Company's interest in the 
underlying assets of the investment using a net asset value model. The net asset value model utilizes an income capitalization 
analysis and consists of unobservable inputs such as forecasted net operating income and capitalization rates based on market 
conditions.   Capitalization rates ranging from 6.50% to 8.25% were utilized in the model and are based upon observable rates 
that the Company believes to be within a reasonable range of current market rates.

For the years ended, December 31, 2013, 2012 and 2011, the Company recorded an impairment of investments in 
unconsolidated entities of $6,532, $9,365, and $113,621, respectively.

Notes Receivable

For the year ended December 31, 2013, the Company determined that a re-evaluation of its notes receivable impairment 
allowance was appropriate because there had been a significant change in the amount of an impaired note's expected future cash 
flows.  The Company assessed the note receivable impairment allowance by estimating the value of the underlying collateral 
using comparable property sales, which are observable in the market.  As a result, the Company adjusted its notes receivable 
impairment allowance and recorded a gain of $5,334 for year ended December 31, 2013.  For the years ended December 31, 
2012 and 2011, the Company recorded no impairment of notes receivables.  Impairment of notes receivable is included in 
provision for asset impairment on the consolidated statement of operations and other comprehensive income.

100

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Consolidated Investment

The Company valued the consolidating properties using broker opinions of value and a discounted cash flow model, including 
capitalization rates between 7.0% and 7.5% and discount rates between 8.0% and 9.0%, which are based upon observable rates 
that the Company believes to be within a reasonable range of current market rates.  The Company estimated fair value of the 
debt by discounting the future cash flows of each instrument at rates currently offered for similar debt instruments. These 
factors resulted in a loss on a consolidated investment of $4,411 for the year ended December 31, 2013. 

Financial Instruments not Measured at Fair Value

The table below represents the fair value of financial instruments presented at carrying values in our consolidated financial 
statements as of December 31, 2013 and December 31, 2012.

December 31, 2013

December 31, 2012

Mortgage and notes payable
Line of credit
Margins payable

$

Carrying Value

4,737,459 $
200,180
59,681

Estimated Fair Value
4,748,276
200,180
59,681

Carrying Value

$

5,894,443 $

Estimated Fair Value
5,790,201
—
139,142

—
139,142

The Company estimates the fair value of its debt instruments using a weighted average effective interest rate of 4.95% per annum. 
The assumptions reflect the terms currently available on similar borrowing terms to borrowers with credit profiles similar to the 
Company's. The Company has determined that its debt instrument valuations are classified in Level 2 of the fair value hierarchy. 

(12) Income Taxes

The Company is qualified and has elected to be taxed as a real estate investment trust (“REIT”) under the Internal Revenue 
Code of 1986, as amended, for federal income tax purposes commencing with the tax year ending December 31, 2005. Since 
the Company qualifies for taxation as a REIT, the Company generally will not be subject to federal income tax on taxable 
income that is distributed to stockholders. A REIT is subject to a number of organizational and operational requirements, 
including a requirement that it currently distributes at least 90% of its REIT taxable income (subject to certain adjustments) to 
its stockholders (the "90% Distribution Requirement"). If the Company fails to qualify as a REIT in any taxable year, without 
the benefit of certain relief provisions, the Company will be subject to federal and state income tax on its taxable income at 
regular corporate tax rates. Even if the Company qualifies for taxation as a REIT, the Company may be subject to certain state 
and local taxes on its income, property or net worth and federal income and excise taxes on its undistributed income.

The Company has elected to treat certain of its consolidated subsidiaries, and may in the future elect to treat newly formed 
subsidiaries, as taxable REIT subsidiaries pursuant to the Internal Revenue Code. Taxable REIT subsidiaries may participate in 
non-real estate related activities and/or perform non-customary services for tenants and are subject to federal and state income 
tax at regular corporate tax rates. The Company’s hotels are leased to certain of the Company’s taxable REIT subsidiaries. 
Lease revenue from these taxable REIT subsidiaries and its wholly-owned subsidiaries is eliminated in consolidation.

The components of income tax expense for the years ended December 31:

Current

Deferred

Total income
expense (benefit)

Federal

2013

State

Total

Federal

2012

State

Total

Federal

2011

State

Total

$

576

$

2,477

$

3,053

$

267

$

2,594

$

2,861

$

110

$

588

$

698

1,522

184

1,706

4,412

489

4,901

(3,837)

(248)

(4,085)

$

2,098

$

2,661

$

4,759

$

4,679

$

3,083

$

7,762

$

(3,727) $

340

$

(3,387)

101

 
 
 
 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

Deferred tax assets and liabilities are included within deferred costs and other assets and other liabilities in the consolidated 
balance sheets, respectively.  The components of the deferred tax assets and liabilities at December 31, 2013 and 2012 were as 
follows:

Net operating loss

Deferred income

Basis difference on property

Depreciation expense

Miscellaneous

Total deferred tax assets

Less: Valuation allowance

Net deferred tax assets

Deferred tax liabilities

2013

2012

9,236

$

2,389

35,362

986

431

48,404

(42,590)

5,814

$

— $

11,618

2,657

35,263

879

(190)

50,227

(42,707)

7,520

—

$

$

$

Federal net operating loss carryforwards amounting to $9,236 begin to expire in 2023, if not utilized by then.

Deferred tax assets are recognized only to the extent that it is more likely than not that they will be realized based on 
consideration of available evidence, including future reversal of existing taxable temporary differences, future projected taxable 
income, and tax-planning strategies. In assessing the realizability of deferred tax assets, management considers whether it is 
more likely than not that some portion or all of the deferred tax assets will not be realized. The ultimate realization of deferred 
tax assets is dependent upon the generation of future taxable income during the periods in which those temporary differences 
become deductible. The Company has considered various factors, including future reversals of existing taxable temporary 
differences, projected future taxable income and tax-planning strategies in making this assessment.

Based upon tax-planning strategies and projections for future taxable income over the periods in which the deferred tax assets 
are deductible, management believes it is more likely than not that the Company will realize the benefits of these deductible 
differences, net of the existing valuation allowance of $42,590 at December 31, 2013.  The amount of the deferred tax assets 
considered realizable, however, could be reduced in the near term if estimates of future taxable income during the carryforward 
period are reduced.

Uncertain Tax Positions

The Company had no unrecognized tax benefits as of or during the three year period ended December 31, 2013. The Company 
expects no significant increases or decreases in unrecognized tax benefits due to changes in tax positions within one year of 
December 31, 2013. The Company has no material interest or penalties relating to income taxes recognized in the consolidated 
statements of operations and other comprehensive income for the years ended December 31, 2013, 2012 and 2011 or in the 
consolidated balance sheets as of December 31, 2013 and 2012.  As of December 31, 2013, the Company’s 2011, 2010, and 
2009 tax years remain subject to examination by U.S. and various state tax jurisdictions.

Distributions

For federal income tax purposes, distributions may consist of ordinary income, qualifying dividends, return of capital, capital 
gains or a combination thereof. Distributions to the extent of the Company’s current and accumulated earnings and profits for 
federal income tax purposes are taxable to the recipient as ordinary income. Distributions in excess of these earnings and profits 
will constitute a non-taxable return of capital rather than a dividend and will reduce the recipient’s basis in the shares.

102

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

A summary of the average taxable nature of the Company’s common distributions paid for each of the years in the three year 
period ended December 31, 2013 is as follows: 

Ordinary income
Return of capital
Total distributions per share

IRS Closing Agreement

2013

2012

2011

$

$

0.50
—
0.50

$

$

0.07
0.43
0.50

$

$

0.19
0.31
0.50

The Company has identified certain distribution and shareholder reimbursement practices that may have caused certain 
dividends to be treated as preferential dividends, which cannot be used to satisfy the 90% Distribution Requirement. The 
Company has also identified the ownership of certain assets that may have violated a REIT qualification requirement that 
prohibits a REIT from owning "securities" of any one issuer in excess of 5% of the REIT's total assets at the end of any 
calendar quarter (the "5% Securities Test"). In order to provide greater certainty with respect to the Company's qualification as a 
REIT for federal income tax purposes, management concluded that it was in the best interest of the Company and its 
stockholders to request closing agreements from the Internal Revenue Service ("IRS") for both the Company and MB REIT 
with respect to such matters. Accordingly, on October 31, 2012, MB REIT filed a request for a closing agreement with the IRS. 
Additionally, the Company filed a separate request for a closing agreement on its own behalf on March 7, 2013. 

The Company identified certain aspects of the calculation of certain dividends on MB REIT's preferred stock and also aspects 
of the operation of certain "set aside" provisions with respect to accrued but unpaid dividends on certain classes of MB REIT's 
preferred stock that may have caused certain dividends to be treated as preferential dividends. In the case of the Company, 
management identified certain aspects of the operation of the Company's dividend reinvestment plan and distribution 
procedures and also certain reimbursements of shareholder expenses that may have caused certain dividends to be treated as 
preferential dividends. If these practices resulted in preferential dividends, the Company and MB REIT would not have satisfied 
the 90% Distribution Requirement and thus may not have qualified as REITs, which would result in substantial corporate tax 
liability for the years in which the Company or MB REIT failed to qualify as a REIT. 

In addition, the Company and MB REIT made certain overnight investments in bank commercial paper. While the Internal 
Revenue Code does not provide a specific definition of “cash item”, the Company believes that overnight commercial paper 
should be treated as a “cash item”, which is not treated as a “security” for purposes of the 5% Securities Test. If treated as a 
"security", the bank commercial paper would appear to have represented more than 5% of the Company's and MB REIT's total 
assets at the end of certain calendar quarters. In the event this commercial paper is treated as a "security", the Company 
anticipates that it would be required to pay corporate income tax on the income earned with respect to the portion of the 
commercial paper that violated the 5% Securities Test. 

The Company can provide no assurance that the IRS will accept the Company's or MB REIT's closing agreement requests. 
Even if the IRS accepts those requests, the Company and MB REIT may be required to pay a penalty. The Company cannot 
predict whether such a penalty would be imposed or, if so, the amount of the penalty. The Company believes that (i) the IRS 
will enter into closing agreements with the Company and MB REIT and (ii) the Business Manager has agreed to pay any 
penalty the IRS requires as a condition of granting the closing agreements.  As noted above, the Company can provide no 
assurance that the IRS will enter into closing agreements with the Company and MB REIT or that the Company and MB REIT 
will not be liable for any penalty imposed in connection with those closing agreements. Management believes based on the 
currently available information, that such penalty, if any, will not have a material adverse effect on the financial statements of 
the Company. 

103

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(13) Segment Reporting

The Company's long-term portfolio strategy is to focus on three asset classes - retail, lodging, and student housing.  During the 
year ended December 31, 2013, the Company has executed on this strategy by disposing of 313 non-strategic assets as well as 
classifying 224 non-strategic assets as held for sale.  Beginning on September 30, 2013, the Company restated its business 
segments to: Retail, Lodging, Student Housing, and Non-core.  Net operating income for the year December 31, 2012 and 2011 
have been restated to reflect the change in business segments. The non-core segment includes office properties, industrial 
properties, bank branches, retail single tenant properties, and a conventional multi-family property.  The Company has 
concentrated its efforts on driving portfolio growth in the multi-tenant retail, student housing and lodging segments to enhance 
the long-term value of each segment's portfolio and respective platforms.  For its non-core properties, the Company strives to 
improve individual property performance to increase each property’s value.  The Company evaluates segment performance 
primarily based on net operating income. Net operating income of the segments exclude interest expense, depreciation and 
amortization, general and administrative expenses, net income of noncontrolling interest and other investment income from 
corporate investments. The non-segmented assets primarily include the Company’s cash and cash equivalents, investment in 
marketable securities, construction in progress, investment in unconsolidated entities and notes receivable. 

For the year ended December 31, 2013, approximately 9% of the Company’s rental revenue (excluding lodging and student 
housing) from continuing operations, included in the non-core segment, was generated by two properties leased to AT&T, Inc.  
We also own a third property that is leased to AT&T, Inc., but the property is classified as held for sale as of December 31, 
2013.  As a result of the concentration of revenue generated from these properties, if AT&T were to cease paying rent or 
fulfilling its other monetary obligations, the Company could have significantly reduced rental revenues or higher expenses until 
the defaults were cured or the properties were leased to a new tenant or tenants. 

104

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The following table summarizes net operating income by segment as of and for the year ended December 31, 2013.

Rental income
Straight line rent adjustment
Tenant recovery income
Other property income
Lodging income
Total income
Operating expenses
Net operating income
Non allocated expenses (a)
Other income and expenses (b)
Earnings from unconsolidated entities (c)
Provision for asset impairment (d)
Net loss from continuing operations
Income from discontinued operations, net
Less: net income attributable to noncontrolling
interests

Net income attributable to Company
Balance Sheet Data:

Real estate assets, net (e)
Non-segmented assets (f)

Total Assets
Capital expenditures

Total

355,946
5,732
71,207
7,202
881,750
1,321,837
743,928
577,909
(408,141)
(150,881)
8,485
(242,896)
(215,524)
459,588

(16)
244,048

7,131,196
2,531,268
9,662,464
66,640

$

$
$
$
$
$
$
$
$
$

$
$

$

$
$

Retail

Lodging

Student
Housing

Non - core

$

$
$
$

215,134
5,198
64,930
3,822
—
289,084
93,626
195,458

$

$
$
$

— $
—
—
—
881,750
881,750
609,480
272,270

$
$
$

55,773
373
521
2,809
—
59,476
24,014
35,462

$

$
$
$

85,039
161
5,756
571
—
91,527
16,808
74,719

$

2,207,062

$

3,492,657

$

639,848

$

791,629

$

12,736

$

49,781

$

2,316

$

1,807

(a)  Non allocated expenses consist of general and administrative expenses, business manager management fee and 

depreciation and amortization.

(b)  Other income and expenses consist of interest and dividend income, interest expense, other income and expenses, 

realized gain, (loss) and (impairment) on securities, net, and income tax expense.

(c)  Earnings from unconsolidated entities consists of equity (losses) in earnings of unconsolidated entities as well as gain, 

(loss) and (impairment) of investment in unconsolidated entities.

(d)  Total provision for asset impairment included $21,179 related to four retail properties, $49,146 related to four lodging 

properties, and $177,905 related to eleven non-core properties. On December 31, 2013, we also adjusted the impairment 
allowance for notes receivable for a gain $5,334.

(e)  Real estate assets includes intangible assets, net of amortization. 
(f)  Construction in progress is included as non-segmented assets. 

105

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The following table summarizes net operating income by segment as of and for the year ended December 31, 2012.

Rental income
Straight line rent adjustment
Tenant recovery income
Other property income
Lodging income
Total income
Operating expenses
Net operating income
Non allocated expenses (a)
Other income and expenses (b)
Loss from unconsolidated entities (c)
Provision for asset impairment (d)
Net loss from continuing operations
Income from discontinued operations, net
Net income attributable to noncontrolling
interests

Net loss attributable to Company
Balance Sheet Data:

Real estate assets, net (e)
Non-segmented assets (f)

Total Assets
Capital expenditures

Total

343,290
4,357
73,214
5,714
692,448
1,119,023
605,439
513,584
(388,459)
(187,400)
(10,324)
(37,830)
(110,429)
46,780

(5,689)
(69,338)

$

$
$
$
$
$
$
$
$
$

$
$

$

9,279,123
1,480,761
$ 10,759,884
88,637
$

Retail

Lodging

Student
Housing

Non - core

$

$
$
$

226,546
4,824
66,154
2,686
—
300,210
95,802
204,408

$

$
$
$

— $
—
—
—
692,448
692,448
480,229
212,219

$
$
$

30,234
169
429
1,750
—
32,582
12,752
19,830

$

$
$
$

86,510
(636)
6,631
1,278
—
93,783
16,656
77,127

$

2,690,365

$

2,687,180

$

374,839

$

3,526,739

$

14,411

$

60,373

$

162

$

13,691

(a)  Non allocated expenses consist of general and administrative expenses, business manager management fee and 

depreciation and amortization.

(b)  Other income and expenses consist of interest and dividend income, interest expense, other income, realized gain, (loss) 

and (impairment) on securities, net, and income tax benefit.

(c)  Loss from unconsolidated entities consists of equity losses in earnings of unconsolidated entities as well as gain, (loss) 

and (impairment) of investment in unconsolidated entities.

(d)  Total provision for asset impairment included $16,234 related to three retail properties, and $21,596 related to six non-

core properties.

(e)  Real estate assets includes intangible assets, net of amortization. 
(f)  Construction in progress is included as non-segmented assets. 

106

 
 
INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The following table summarizes net operating income by segment as of and for the year ended December 31, 2011.

Total

Retail

Lodging

Student
Housing

Non - core

$

$
$
$

211,036
4,942
60,769
4,665
—
281,412
91,683
189,729

$

$
$
$

— $
—
—
—
517,840
517,840
353,487
164,353

$
$
$

24,706
145
446
1,569
—
26,866
11,691
15,175

$

$
$
$

86,855
(632)
5,440
2,604
—
94,267
19,270
74,997

Rental income
Straight line rent adjustment
Tenant recovery income
Other property income
Lodging income
Total income
Operating expenses
Net operating income
Non allocated expenses (a)
Other income and expenses (b)
Loss from unconsolidated entities (c)
Provision for asset impairment (d)
Net loss from continuing operations
Loss from discontinued operations, net
Net income attributable to noncontrolling
interests

Net loss attributable to Company

$

$
$
$
$
$
$
$
$
$

$
$

322,597
4,455
66,655
8,838
517,840
920,385
476,131
444,254
(382,599)
(186,068)
(118,825)
(24,051)
(267,289)
(42,256)

(6,708)
(316,253)

(a)  Non allocated expenses consist of general and administrative expenses, business manager management fee and 

depreciation and amortization.

(b)  Other income and expenses consist of interest and dividend income, interest expense, other income and expenses, 

realized gain, (loss) and (impairment) on securities, net, and income tax benefit.

(c)  Loss from unconsolidated entities consists of equity (losses) in earnings of unconsolidated entities as well as gain, (loss) 

and (impairment) of investment in unconsolidated entities.

(d)  Total provision for asset impairment included $19,390 related to five retail properties, $2,886 related to one lodging 

properties, and $1,775 related to two non-core properties.

(14) Earnings (loss) per Share

Basic earnings (loss) per share (“EPS”) are computed by dividing net income (loss) by the weighted average number of 
common shares outstanding for the period (the “common shares”). Diluted EPS is computed by dividing net income (loss) by 
the common shares plus potential common shares issuable upon exercising options or other contracts. There are an immaterial 
amount of potentially dilutive common shares.

The basic and diluted weighted average number of common shares outstanding was 899,842,722, 879,685,949 and 858,637,707 
for the years ended December 31, 2013, 2012 and 2011.

(15) Commitments and Contingencies

Certain leases and operating agreements within the lodging segment require the Company to reserve funds relating to replacements 
and renewals of the hotels' furniture, fixtures and equipment. As of December 31, 2013 the Company has funded $74,667 in 
reserves for future improvements. This amount is included in restricted cash and escrows on the consolidated balance sheet as of 
December 31, 2013. 

107

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

The Company has learned that the SEC is conducting a non-public, formal, fact-finding investigation ("SEC Investigation") to 
determine whether there have been violations of certain provisions of the federal securities laws regarding the business management 
fees, property management fees, transactions with affiliates, timing and amount of distributions paid to investors, determination 
of property impairments, and any decision regarding whether the Company might become a self-administered REIT. The Company 
has not been accused of any wrongdoing by the SEC. The Company also has been informed by the SEC that the existence of this 
investigation does not mean that the SEC has concluded that anyone has broken the law or that the SEC has a negative opinion of 
any person, entity, or security. The Company has been cooperating fully with the SEC. 

The Company cannot reasonably estimate the timing of the SEC Investigation, nor can the Company predict whether or not the 
investigation might have a material adverse effect on the business. 

The Company also received  related demands (“Derivative Demands”) by stockholders to conduct investigations regarding claims 
that  the officers,  the board of directors, the former business manager, and  affiliates of the former business manager (the “Inland 
American Parties”) breached their fiduciary duties to Company in connection with the matters that the Company disclosed are 
subject to the SEC Investigation.  The first Derivative Demand claims that the Inland American Parties (i) falsely reported the 
value of our common stock until September 2010; (ii) caused us to purchase shares of our common stock from stockholders at 
prices in excess of their value; and (iii) disguised returns of capital paid to stockholders as REIT income, resulting in the payment 
of fees to the former business manager for which it was not entitled.  The three stockholders in that demand contend that legal 
proceedings should seek recovery of damages in an unspecified amount allegedly sustained by us. The second Derivative Demand 
by  another  shareholder  makes  similar  claims  and  further  alleges  that  the  Inland American  Parties  (i)  caused  us  to  engage  in 
transactions  that  unduly  favored  related  parties,  (ii)  falsely  disclosed  the  timing  and  amount  of  distributions,  and  (iii)  falsely 
disclosed  whether  the  Company  might  become  a  self-administered  REIT.   The  Company  also  received  a  letter  from  another 
stockholder that fully adopts and joins in the first Derivative Demand, but makes no additional demands on the Company to perform 
investigation or pursue claims.

Upon receiving the first of the Derivative Demands, the full board of directors responded by authorizing the independent 
directors to investigate the claims contained in the first Derivative Demand, any subsequent stockholder demands, as well as 
any other matters the independent directors see fit to investigate, including matters related to the SEC Investigation.  Pursuant 
to this authority, the independent directors have formed a special litigation committee that is comprised solely of independent 
directors to review and evaluate the matters referred by the full Board to the independent directors, and to recommend to the 
full Board any further action as is appropriate.  The special litigation committee is investigating these claims with the assistance 
of independent legal counsel and will make a recommendation to the Board of Directors after the committee has completed its 
investigation.

On March 21, 2013, counsel for the stockholders who made the first Derivative Demand filed a derivative lawsuit in the Circuit 
Court of Cook County, Illinois, on behalf of the Company.  The case has been stayed pending completion of the special 
litigation committee's investigation.  The Company cannot predict the timing of the special litigation committee investigation or 
the Derivative Demands, nor can the Company predict whether or not the special litigation committee investigation or 
Derivative Demands might have a material adverse impact on our business. 

On April 26, 2013, two stockholders of the Company filed a putative class action in the United States District Court for the Northern 
District of Illinois against the Company, and current members and one former member of its board of directors ("the Defendants").  
The complaint sought damages on behalf of plaintiffs and similarly situated individuals who purchased additional shares in the 
Company pursuant to the Company's Distribution Reinvestment Plan ("DRP") on or after March 30, 2009.  Plaintiffs allege that 
the Defendants breached their fiduciary duties to plaintiffs and to members of the putative class by inflating the yearly estimated 
share price announced by the Company and by selling shares in the DRP to plaintiffs and members of the putative class at those 
allegedly inflated prices.  On November 18, 2013, the class action was dismissed with prejudice for failing to state a claim that 
would entitle the plaintiffs to relief.  The Court disagreed with the plaintiffs' allegations, noting in its memorandum opinion and 
order that the Company’s public disclosures fully described the manner in which the board estimated share value for the Company’s 
stock sold through the DRP. The Court entered judgment in favor of the Defendants. The plaintiffs appealed the judgment. As of 
February 26, 2014, the parties entered into a settlement agreement whereby the plaintiffs agreed to dismiss their appeal in exchange 

108

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

for a cash settlement from the Company.  We believe that the amount of the settlement is not material and is less than the amount 
the Defendants would have incurred in defending the appeal.

The Company has also filed a number of eviction actions against tenants and is involved in a number of tenant bankruptcies. The 
tenants in some of the eviction cases may file counterclaims against the Company in an attempt to gain leverage against the 
Company in connection with the eviction. In the opinion of the Company, none of these counterclaims is likely to result in any 
material losses to the Company. 

The Company is subject, from time to time, to various legal proceedings and claims that arise in the ordinary course of 
business. While the resolution of these matters cannot be predicted with certainty, management believes, based on currently 
available information, that the final outcome of such matters will not have a material adverse effect on the financial statements 
of the Company.

(16) Assets and Liabilities Held for Sale

In accordance with GAAP, the Company classifies properties as held for sale when certain criteria are met.  On the day that the 
criteria are met, the Company suspends depreciation on the properties held for sale, including depreciation for tenant 
improvements and additions, as well as the amortization of acquired in-place leases.  The assets and liabilities associated with 
those investment properties that are held for sale are classified separately on the consolidated balance sheets for the most recent 
reporting period and recorded at the lesser of the carrying value or fair value less costs to sell.  At December 31, 2013, these 
assets were recorded at their carrying value.  The operations for the periods presented are classified on the consolidated 
statements of operations and other comprehensive income as discontinued operations for all periods presented.  

On August 8, 2013, we entered into a purchase agreement to sell our net lease assets, consisting of 294 retail, office, and 
industrial properties in a transaction valued at approximately $2.3 billion.  In accordance with the terms of the purchase 
agreement, the buyer elected to “kick-out” of the transaction 13 properties valued at approximately $180.1 million.  Excluding 
the “kicked out” properties, the transaction is valued at approximately $2.1 billion.  As of December 31, 2013, the Company 
closed on the sale of 57 of the net lease portfolio properties for a disposition price of $669,660.  The remaining 224 properties 
are expected to be sold through multiple closings at a gain during the first half of 2014.  The 224 properties consist of 181 retail 
and office bank branches, 12 retail single user properties, 7 office properties, and 24 industrial properties.  As of December 31, 
2013, the 224 properties met the criteria to be classified as held for sale.  The operating activity for the properties has been 
included within discontinued operations.  As of December 31, 2012, there were no properties classified as held for sale.

The major classes of assets and liabilities associated with held for sale properties as of December 31, 2013 are as follows:

December 31, 2013

    Land

    Building and other improvements

    Total

    Less accumulated depreciation

    Net investment properties

    Restricted cash & escrows

    Accounts and rents receivable

    Intangible assets, net

    Deferred cost and other assets

Total Assets

    Debt

    Accounts payable and accrued expenses

    Intangible liabilities, net

    Other liabilities

Total Liabilities

109

$

$

$

$

271,870

1,067,039

1,338,909

(233,907)

1,105,002

1,643

33,888

48,017

8,179

1,196,729

826,762

1,977

1,122

50,295

880,156

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(17) Subsequent Events

Subsequent to December 31, 2013, the Company purchased two retail assets for $26,150 on February 13, 2014.  On February 
28, 2014, the Company purchased one lodging asset for $183,000.

The Company disposed of thirty non-core net lease assets on January 8, 2014 for a gross disposition price of $55,303.  The 
Company then disposed of another twenty-eight non-core net lease assets on February 21, 2014 for a gross disposition price of 
$451,881.  Finally, the company disposed of another 151 non-core net lease assets on March 10, 2014 for a gross disposition 
price of $278,553.  These assets were all classified as held for sale as of December 31, 2013.

On March 12, 2014, the Company began the process of becoming fully self-managed by terminating its business management 
agreement, hiring all of its business manager’s employees, and acquiring the assets of its business manager necessary to 
perform the functions previously performed by the business manager.  As a first step towards internalizing our property 
managers, the Company hired certain of their employees; assumed responsibility for performing certain significant property 
management functions; and amended its property management agreements to reduce its property management fees as a result of 
its assumption of such responsibilities.  As the second step, on December 31, 2014, the Company expects to terminate its 
property management agreements, hire the remaining property manager employees and acquire the assets necessary to conduct 
the remaining functions performed by its property managers.  As a consequence, beginning January 1, 2015, the Company 
expects to become fully self-managed.  The Company will not pay an internalization fee or self-management fee in connection 
with these self-management transactions.  These self-management transactions immediately eliminate the management and 
advisory fees paid to the business manager and at the end of 2014, the Company expects to eliminate the fees paid to its 
property managers when it terminates the property management agreements. As part of the self-management transactions, the 
Company agreed to reimburse its business manager and property managers for certain transaction and employee related 
expenses and directly retain affiliates of The Inland Group, Inc. for IT services, customer service and certain back-office 
services that were provided to the Company and managed by the business manager prior to the termination of the business 
management agreement.  In addition, in connection with the self-management transactions, the Company and the business 
manager terminated their letter agreement dated May 4, 2012 pursuant to which the business management fee had been reduced 
in each particular quarter for investigation costs exclusive of legal fees incurred in conjunction with the SEC matter.  As a result 
of such termination, the Company will no longer be effectively reimbursed for such investigation costs.

110

INLAND AMERICAN REAL ESTATE TRUST, INC.
(A Maryland Corporation)

Notes to Consolidated Financial Statements
(Dollar amounts in thousands, except per share amounts)

December 31, 2013, 2012 and 2011

(18) Quarterly Supplemental Financial Information (unaudited)

The following represents the results of operations, for each quarterly period, during 2013 and 2012.

Total income

Net income (loss)

Net income (loss) attributable to Company

Net income (loss), per common share, basic and
diluted (1)
Weighted average number of common shares
outstanding, basic and diluted (1)

For the quarter ended

December 31, 2013

September 30, 2013

June 30, 2013

March 31, 2013

$

369,978

$

326,033

$

327,591

$

298,235

34,788

34,788

0.03

237,541

237,533

0.26

(32,756)

(32,756)

(0.03)

4,491

4,483

0.01

907,386,623

902,456,636

897,233,931

892,097,144

Total income

Net loss

Net loss attributable to Company

Net loss, per common share, basic and diluted (1)

Weighted average number of common shares
outstanding, basic and diluted (1)

For the quarter ended

December 31, 2012

September 30, 2012

June 30, 2012

March 31, 2012

$

290,741

$

288,516

$

299,302

$

(2,731)

(3,569)

(0.01)

(12,917)

(17,576)

(0.02)

(17,791)

(17,910)

(0.02)

240,464

(30,210)

(30,283)

(0.03)

886,849,317

881,717,879

877,188,933

872,886,566

(1)  Quarterly income per common share amounts may not total to the annual amounts due to rounding and the changes in 

the number of weighted common shares outstanding

111

 
 
 
 
 
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Item 9. Changes in and Disagreements with Accountants on Accounting and Financial Disclosure

Not applicable.

Item 9A. Controls and Procedures

As required by Rule 13a-15(b) and Rule 15d-15(b) under the Securities Exchange Act of 1934, as amended (the “Exchange 
Act”), our management, including our principal executive officer and our principal financial officer evaluated as of 
December 31, 2013, the effectiveness of our disclosure controls and procedures as defined in Exchange Act Rules 13a-15(e) 
and Rule 15d-15(e). Based on that evaluation, our principal executive officer and our principal financial officer concluded that 
our disclosure controls and procedures, as of December 31, 2013, were effective for the purpose of ensuring that information 
required to be disclosed by us in this report is recorded, processed, summarized and reported within the time periods specified 
by the rules and forms of the Exchange Act and is accumulated and communicated to management, including the principal 
executive officer and our principal financial officer as appropriate to allow timely decisions regarding required disclosures.

Management’s Annual Report on Internal Control Over Financial Reporting

Our management is responsible for establishing and maintaining adequate internal control over financial reporting, as such term 
is defined in Exchange Act Rules 13a-15(f) and 15d-15(f). Our management, including our principal executive officer and 
principal financial officer, evaluated as of December 31, 2013, the effectiveness of our internal control over financial reporting 
based on the framework in “Internal Control-Integrated Framework” issued by the Committee of Sponsoring Organizations of 
the Treadway Commission (1992). Based on its evaluation, our management has concluded that we maintained effective 
internal control over financial reporting as of December 31, 2013.

This annual report does not include an attestation report of the Company’s independent registered public accounting firm 
regarding internal control over financial reporting. Management’s report was not subject to attestation by the Company’s 
independent registered public accounting firm pursuant to the permanent deferral adopted by the Securities and Exchange 
Commission that permit the Company to provide only management’s report in this annual report.

Changes in Internal Control over Financial Reporting

There has been no change in our internal control over financial reporting during the fourth quarter of 2013 that has materially 
affected, or is reasonably likely to materially affect, our internal control over financial reporting.

Item 9B. Other Information

None.

Part III

Item 10. Directors, Executive Officers and Corporate Governance.

The information required by this Item will be presented in our definitive proxy statement for the 2014 annual meeting of 
stockholders, which is expected to be filed with the Securities and Exchange Commission no later than April 30, 2014, and is 
incorporated herein by reference.

Code of Ethics

We have adopted a code of ethics applicable to our directors, officers and employees, which is available on our website free of 
charge at http://www.inlandamerican.com. We will provide the code of ethics free of charge upon request to our customer 
relations group.

Item 11. Executive Compensation

The information required by this Item will be presented in our definitive proxy statement for the 2014 annual meeting of 
stockholders, which is expected to be filed with the Securities and Exchange Commission no later than April 30, 2014, and is 
incorporated herein by reference.

165

Item 12. Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters.

The information required by this Item will be presented in our definitive proxy statement for the 2014 annual meeting of 
stockholders, which is expected to be filed with the Securities and Exchange Commission no later than April 30, 2014, and is 
incorporated herein by reference.

Item 13. Certain Relationships and Related Transactions, and Director Independence.

The information required by this Item will be presented in our definitive proxy statement for the 2014 annual meeting of 
stockholders, which is expected to be filed with the Securities and Exchange Commission no later than April 30, 2014, and is 
incorporated herein by reference.

Item 14. Principal Accounting Fees and Services.

The information required by this Item will be presented in our definitive proxy statement for the 2014 annual meeting of 
stockholders, which is expected to be filed with the Securities and Exchange Commission no later than April 30, 2014, and is 
incorporated herein by reference.

Part IV

Item 15. Exhibits and Financial Statement Schedules

(a)  List of documents filed:

(b)  Financial Statements:

Report of Independent Registered Public Account Firm

The consolidated financial statements of the Company are set forth in the report in Item 8.

(2)  Financial Statement Schedules:

Financial statement schedule for the year ended December 31, 2013 is submitted herewith.

Real Estate and Accumulated Depreciation (Schedule III)

(3)  Exhibits:

The list of exhibits filed as part of this Annual Report is set forth on the Exhibit Index attached hereto.

(b)  Exhibits:

The exhibits filed in response to Item 601 of Regulation S-K are listed on the Exhibit Index attached hereto.

(c)  Financial Statement Schedules

All schedules other than those indicated in the index have been omitted as the required information is inapplicable or the 

information is presented in the consolidated financial statements or related notes.

166

 
 
 
 
 
 
Pursuant to the requirements of Section 13 or 15(d) of the Securities and Exchange Act of 1934, the registrant has duly caused 
this report to be signed on its behalf by the undersigned, thereunto duly authorized.

SIGNATURES

INLAND AMERICAN REAL ESTATE TRUST, INC.

By:

Date:

/s/ Thomas P. McGuinness
  Thomas P. McGuinness
  President
  March 13, 2014

Pursuant to the requirements of the Securities Act of 1934, this report has been signed below by the following persons on 
behalf of the registrant and in the capacities and on the dates indicated.

Signature

Title

Date

By:
Name:

/s/ Robert D. Parks
Robert D. Parks

By:
Name:

/s/ Thomas P. McGuinness
Thomas P. McGuinness

By:
Name:

/s/ Jack Potts
Jack Potts

/s/ Anna N. Fitzgerald

By:
Name: Anna N. Fitzgerald

By:
Name:

/s/ J. Michael Borden
J. Michael Borden

By:
Name:

/s/ Thomas F. Meagher
Thomas F. Meagher

By:
Name:

/s/ Paula Saban
Paula Saban

/s/ William J. Wierzbicki

By:
Name: William J. Wierzbicki

By:
Name:

/s/ Thomas F. Glavin
Thomas F. Glavin

By:
Name:

/s/ Brenda G. Gujral
Brenda G. Gujral

Director and chairman of the board

  March 13, 2014

President (principal executive officer)

  March 13, 2014

Treasurer and principal financial officer

  March 13, 2014

Principal accounting officer

  March 13, 2014

  March 13, 2014

  March 13, 2014

  March 13, 2014

  March 13, 2014

  March 13, 2014

  March 13, 2014

Director

Director

Director

Director

Director

Director

167

 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
EXHIBIT INDEX

EXHIBIT
NO.

DESCRIPTION

3.1

3.2

4.1

4.2

10.1

Sixth Articles of Amendment and Restatement of Inland American Real Estate Trust, Inc. (incorporated by
reference to Exhibit 3.1 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on August 26,
2010)

Amended and Restated Bylaws of Inland American Real Estate Trust, Inc., effective as of April 1, 2008
(incorporated by reference to Exhibit 3.2 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC
on April 1, 2008), as amended by the Amendment to the Amended and Restated Bylaws of Inland American
Real Estate Trust, Inc., effective as of January 20, 2009 (incorporated by reference to Exhibit 3.2 to the
Registrant’s Form 8-K, as filed by the Registrant with the SEC on January 23, 2009)

Second Amended and Restated Distribution Reinvestment Plan (incorporated by reference to Exhibit 4.1 to the
Registrant’s Form 8-K, as filed by the Registrant with the SEC on September 23, 2010)

Statement regarding restrictions on transferability of shares of common stock (to appear on stock certificate or to
be sent upon request and without charge to stockholders issued shares without certificates) (incorporated by
reference to Exhibit 4.4 to the Registrant’s Amendment No. 1 to Form S-11 Registration Statement, as filed by
the Registrant with the SEC on July 31, 2007 (file number 333-139504))

First Amended and Restated Business Management Agreement, dated as of July 30, 2007, by and between
Inland American Real Estate Trust, Inc. and Inland American Business Manager & Advisor, Inc. (incorporated
by reference to Exhibit 10.1 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on August 3,
2009)

10.1.1

Amendment to the First Amended and Restated Business Management Agreement (incorporated by reference to 
Exhibit 10.1 to the Registrant's Form 8-K, as filed by the Registrant with the SEC on August 2, 2013)

10.2.2

10.2.3

Master Management Agreement, dated as of July 1, 2012, by and between Inland American Real Estate
Trust, Inc. and Inland American Industrial Management LLC (incorporated by reference to Exhibit 10.2 to the
Registrant’s Form 8-K, as filed by the Registrant with the SEC on July 6, 2012)

Master Management Agreement, dated as of July 1, 2012, by and between Inland American Real Estate
Trust, Inc. and Inland American Office Management LLC (incorporated by reference to Exhibit 10.3 to the
Registrant’s Form 8-K, as filed by the Registrant with the SEC on July 6, 2012)

168

EXHIBIT
NO.

10.2.4

10.2.5

10.2.6

10.3

10.4

10.5

10.6

10.7

10.8

10.9

10.10

14.1

21.1

23.1

DESCRIPTION

Fourth Master Management Agreement and Property Management Agreement Amendment Agreement, dated as
of October 30, 2013, by and among Inland American Real Estate Trust, Inc. and Inland American Industrial
Management LLC, Inland American Office Management LLC and Inland American Retail Management LLC
(incorporated by reference to Exhibit 10.1 to the Registrant’s Form 8-K, as filed by the Registrant with the
Securities and Exchange Commission on October 31, 2013)

Fifth Master Management Agreement and Property Management Agreement Amendment Agreement, dated as of
November 29, 2013, by and among Inland American Real Estate Trust, Inc. and Inland American Industrial
Management LLC, Inland American Office Management LLC and Inland American Retail Management LLC
(incorporated by reference to Exhibit 10.1 to the Registrant’s Form 8-K, as filed by the Registrant with the
Securities and Exchange Commission on December 3, 2013)

Sixth Master Management Agreement and Property Management Agreement Amendment Agreement, dated as
of December 30, 2013, by and among Inland American Real Estate Trust, Inc. and Inland American Industrial
Management LLC, Inland American Office Management LLC and Inland American Retail Management LLC
(incorporated by reference to Exhibit 10.1 to the Registrant’s Form 8-K, as filed by the Registrant with the
Securities and Exchange Commission on January 3, 2014)

First Amended and Restated Property Acquisition Agreement, dated as of July 30, 2007, by and between Inland
American Real Estate Trust, Inc. and Inland American Real Estate Acquisitions, Inc. (incorporated by reference
to Exhibit 10.3.1 to the Registrant’s Amendment No. 1 to Form S-11 Registration Statement, as filed by the
Registrant with the SEC on July 31, 2007 (file number 333-139504))

Form of Indemnification Agreement (previously filed and incorporated by reference to Exhibit 10.5 to the
Registrant’s Amendment No. 4 to Form S-11 Registration Statement, as filed by the Registrant with the SEC on
August 18, 2005 (file number 333-122743))

Indemnity Agreement, dated as of June 9, 2008, by Inland American Real Estate Trust, Inc. in favor of and for
the benefit of Inland Real Estate Acquisitions, Inc. (incorporated by reference to Exhibit 10.177 to the
Registrant’s Form 8-K, as filed by the Registrant with the SEC on June 13, 2008)

Amended and Restated Independent Director Stock Option Plan (incorporated by reference to Exhibit 10.1 to
the Registrant’s Form 8-K, as filed by the Registrant with the SEC on July 26, 2010)

Articles of Association of Oak Real Estate Association by and among Inland Real Estate Corporation, Inland
Real Estate Trust, Inc., Inland Western Retail Real Estate Trust, Inc. and Inland American Real Estate Trust, Inc.,
dated September 29, 2006 (incorporated by reference to Exhibit 10.139 to the Registrant’s Quarterly Report on
Form 10-Q, as filed by the Registrant with the SEC on November 7, 2006)

Operating Agreement of Oak Property and Casualty L.L.C. by and among Inland Real Estate Corporation,
Inland Retail Real Estate Trust, Inc., Inland Western Retail Real Estate Trust, Inc. and Inland American Real
Estate Trust, Inc, dated September 29, 2006 (incorporated by reference to Exhibit 10.140 to the Registrant’s
Quarterly Report on Form 10-Q, as filed by the Registrant with the SEC on November 7, 2006)

Oak Property and Casualty L.L.C. Membership Participation Agreement by and among Inland Real Estate
Corporation, Inland Retail Real Estate Trust, Inc., Inland Western Retail Real Estate Trust, Inc., Inland American
Real Estate Trust, Inc., and Oak Property and Casualty L.L.C. dated September 29, 2006 (incorporated by
reference to Exhibit 10.141 to the Registrant’s Quarterly Report on Form 10-Q, as filed by the Registrant with
the SEC on November 7, 2006)

Letter Agreement, dated May 4, 2012, from Inland American Business Manager & Advisor, Inc. to Inland
American Real Estate Trust, Inc. (incorporated by reference to Exhibit 10.1 to the Registrant's Quarterly Report
on Form 10-Q, as filed by the Registrant with the SEC on May 7, 2012)

Code of Ethics*

Subsidiaries of the Registrant*

Consent of KPMG LLP*

169

EXHIBIT
NO.

DESCRIPTION

31.1

31.2

32.1

32.2

99.1

99.2

99.3

99.4

99.5

99.6

99.7

99.8

101

Certification by Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002*

Certification by Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002*

Certification by Principal Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002*

Certification by Principal Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act of 2002*

Non-Retaliation Policy (incorporated by reference to Exhibit 99.1 to the Registrant’s Form S-11 Registration
Statement, as filed by the Registrant with the SEC on February 11, 2005 (file number 333-122743))

Responsibilities of the Compliance Officer of the Company (incorporated by reference to Exhibit 99.2 to the
Registrant’s Form S-11 Registration Statement, as filed by the Registrant with the SEC on February 11, 2005
(file number 333-122743))

First Amended and Restated Articles of Incorporation of Minto Builders (Florida), Inc. (incorporated by
reference to Exhibit 99.1 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on October 17,
2005)

Articles of Amendment to the First Amended and Restated Articles of Incorporation of Minto Builders
(Florida), Inc. with Respect to 3.5% Series A Cumulative Redeemable Preferred Stock (incorporated by
reference to Exhibit 99.2 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on October 17,
2005)

Second Amended and Restated Articles of Incorporation of Minto Builders (Florida), Inc. (incorporated by
reference to Exhibit 99.3 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on October 17,
2005)

Articles of Amendment to the Second Amended and Restated Articles of Incorporation of Minto Builders
(Florida), Inc. with Respect to Convertible Special Voting Stock (incorporated by reference to Exhibit 99.4 to
the Registrant’s Form 8-K, as filed by the Registrant with the SEC on October 17, 2005)

Articles of Amendment to the Second Amended and Restated Articles of Incorporation of Minto Builders
(Florida), Inc. with Respect to 125 Shares of 12.5% Series B Cumulative Non-Voting Preferred Stock
(incorporated by reference to Exhibit 99.5 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC
on October 17, 2005)

Second Amended and Restated Share Repurchase Program, effective February 1, 2012 (incorporated by
reference to Exhibit 99.2 to the Registrant’s Form 8-K, as filed by the Registrant with the SEC on December 29,
2011)

The following financial information from our Annual Report on Form 10-K for the year ended December 31,
2013, filed with the Securities and Exchange Commission on March 13, 2014, is formatted in Extensible
Business Reporting Language (“XBRL”): (i) Consolidated Balance Sheets, (ii) Consolidated Statements of
Operations and Other Comprehensive Income, (iii) Consolidated Statements of Equity, (iv) Consolidated
Statements of Cash Flows (v) Notes to Consolidated Financial Statements (tagged as blocks of text).

*

Filed as part of this Annual Report on Form 10-K.

170

  
I, Thomas P. McGuiness, certify that: 

Certification of Principal Executive Officer 

Exhibit 31.1 

1. 

I have reviewed this Annual Report on Form 10-K of Inland American Real Estate Trust, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary 
to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to
the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material 
respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this 
report;

4. The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures 

(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act 
Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our 
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the period in which this report is being prepared; 

b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed
under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of 
financial statements for external purposes in accordance with generally accepted accounting principles; 

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on 
such evaluation; and 

d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the 

registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially 
affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial 

reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the
equivalent functions): 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which 
are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information;
and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s

internal control over financial reporting. 

By: 
Name:
Title: 
Date:

/s/ Thomas P. McGuinness 
Thomas P. McGuinness 
President 
March 13, 2014 

 
 
 
I, Jack Potts, certify that: 

Certification of Principal Executive Officer 

Exhibit 31.2 

1. 

I have reviewed this Annual Report on Form 10-K of Inland American Real Estate Trust, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary 
to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to
the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material 
respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this 
report;

4. The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures 

(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act 
Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our 
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the period in which this report is being prepared; 

b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed
under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of 
financial statements for external purposes in accordance with generally accepted accounting principles; 

c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions
about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on 
such evaluation; and 

d) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the 

registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially 
affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial 

reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the
equivalent functions): 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which 
are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information;
and

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s

internal control over financial reporting. 

By: 
Name:

Title: 
Date:

/s/ Jack Potts 
Jack Potts 
Treasurer and principal financial officer 
March 13, 2014 

 
 
 
 
Certification Pursuant to 
18 U.S.C. Section 1350, as Adopted Pursuant to 
Section 906 of the Sarbanes-Oxley Act of 2002 

Exhibit 32.1 

In connection with the Annual Report on Form 10-K of Inland American Real Estate Trust, Inc. (the “Company”) for the fiscal year ended 
December 31, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Thomas P. McGuinness,
president of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 
2002, that, to the best of his knowledge: 

(1) 
amended; and 

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as 

(2) 

The information contained in the Report fairly presents, in all material respects, the financial condition and results of 

operations of the Company. 

Date:  March 13, 2014 

By:

/s/ Thomas P. McGuinness

Name: Thomas P. McGuinness 

Title:  President 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent 
required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 
1934, as amended. A signed original of this written statement required by Section 906 has been provided to the Company and will be retained 
by the Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 
 
Certification Pursuant to 
18 U.S.C. Section 1350, as Adopted Pursuant to 
Section 906 of the Sarbanes-Oxley Act of 2002 

Exhibit 32.2 

In connection with the Annual Report on Form 10-K of Inland American Real Estate Trust, Inc. (the “Company”) for the fiscal year ended 
December 31, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Jack Potts, treasurer and 
principal financial officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, that, to the best of his knowledge: 

(1)  
amended; and 

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as 

(2) 

The information contained in the Report fairly presents, in all material respects, the financial condition and results of 

operations of the Company. 

Date:  March 13, 2014 

By:

/s/ Jack Potts

Name: 

Jack Potts 

Title: 

Treasurer and principal financial officer 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent 
required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 
1934, as amended. A signed original of this written statement required by Section 906 has been provided to the Company and will be retained 
by the Company and furnished to the Securities and Exchange Commission or its staff upon request. 

 
 
(cid:3)

UNITED STATES 
SECURITIES AND EXCHANGE COMMISSION 
Washington, D.C. 20549 

FORM 10-K/A 
(Amendment No. 1) 

(cid:95) ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 

EXCHANGE ACT OF 1934 

For the fiscal year ended December 31, 2013 
OR

(cid:134)

TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES 
EXCHANGE ACT OF 1934 

For the transition period from                          to                          

Commission File No. 001-51609 

Inland American Real Estate Trust, Inc. 
(Exact name of registrant as specified in its charter) 

Maryland 
(State or other jurisdiction of 
incorporation or organization) 

34-2019608 
(I.R.S. Employer 
Identification No.) 

2901 Butterfield Road, Oak Brook, Illinois 60523 
(Address of principal executive offices) (Zip Code) 

(Registrant’s telephone number, including area code) 

630-218-8000

Securities registered pursuant to Section 12(b) of the Act: None 
Securities registered pursuant to Section 12(g) of the Act: Common stock, $0.001 par value per share 
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes (cid:134)  No (cid:95)
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes (cid:134)  No (cid:95)
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange 
Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject 
to such filing requirements for the past 90 days: Yes (cid:95)  No (cid:134)

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive 

Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section §232.405 of this chapter) during the preceding 
12 months (or for such shorter period that the registrant was required to submit and post such files). Yes (cid:95)  No (cid:134)

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be 

contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K 
or any amendment to this Form 10-K. (cid:134)

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting 

company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act: 
Large accelerated filer (cid:134) 

Smaller reporting company (cid:134)

Accelerated filer (cid:134) 

Non-accelerated filer (cid:95)
(Do not check if a smaller 
reporting company) 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes (cid:134)  No (cid:95)
There is no established market for the registrant’s shares of common stock. The aggregate market value of the registrant’s common stock 

held by non-affiliates of the registrant as of June 30, 2013 (the last business day of the registrant’s most recently completed second quarter) was 
approximately $6,210,793,798, based on the estimated per share value of $6.93, as established by the registrant on December 19, 2012. 

As of April 21, 2014, there were 917,154,184.1110 shares of the registrant’s common stock outstanding. 
Documents incorporated by reference: None. 

(cid:3)

(This page intentionally left blank)

(cid:3)

EXPLANATORY NOTE 

Inland American Real Estate Trust, Inc. (referred to herein as “us,” “we,” “our” or the 
“Company”) filed an Annual Report on Form 10-K for the year ended December 31, 2013 (the 
“Form 10-K”) on March 13, 2014, pursuant to which it incorporated by reference into Part III 
thereof portions of its definitive Proxy Statement for its 2014 Annual Meeting of Stockholders 
(the “Proxy Statement”) to be subsequently filed with the Securities and Exchange Commission 
(the “SEC”). The Company has determined to amend the Form 10-K to include the Part III 
information in this Amendment No. 1 on Form 10-K/A (the “Form 10-K/A”), rather than 
incorporating it into the Form 10-K by reference to the Proxy Statement. Accordingly, Part III of 
the Form 10-K is hereby amended and restated in its entirety as set forth below. 

Pursuant to Rules 12b-15 and 13a-14 under the Securities Exchange Act of 1934, as amended 
(the “Exchange Act”), the Company is including with this Form 10-K/A currently dated 
certifications. 

No attempt has been made in this Form 10-K/A to modify or update the other disclosures 
presented in the Form 10-K. This Form 10-K/A does not reflect events occurring after the filing 
of the Form 10-K or modify or update those disclosures, including the exhibits to the Form 10-K, 
affected by subsequent events. Information not affected by the amendments described above is 
unchanged and has not been included herein. Accordingly, this Form 10-K/A should be read in 
conjunction with the Form 10-K and our other filings made with the SEC. 

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1

(cid:3)

Part III 

Item 10. Directors, Executive Officers and Corporate Governance. 

The following biographies set forth each director's principal occupation and business, as well as 
the specific experience, qualifications, attributes and skills that led to the conclusion by the board 
that he or she should serve as a director of the Company. All ages are stated as of January 1, 
2014. As used herein, “Inland” refers to some or all of the entities that are a part of The Inland 
Real Estate Group of Companies, Inc., which is comprised of a group of independent legal 
entities, some of which share ownership or have been sponsored and managed by Inland Real 
Estate Investment Corporation (“IREIC”) or its subsidiaries. 

Robert D. Parks, 70. Chairman of the board and director since October 2004. Mr. Parks has 
over forty years of experience in the commercial real estate industry, having been a principal of 
the Inland organization since May 1968. Mr. Parks is currently chairman of IREIC, a position he 
has held since November 1984. He has also served as a director of Inland Investment Advisors, 
Inc. since June 1995, and served as a director of Inland Securities Corporation from August 1984 
until June 2009. He served as a director of Inland Real Estate Corporation from 1994 through 
June 2008, and served as chairman of the board from May 1994 to May 2004 and president and 
chief executive officer from 1994 to April 2008. He also served as a director and chairman of the 
board of Inland Retail Real Estate Trust, Inc. from its inception in September 1998 to March 
2006, and as chief executive officer until December 2004, and as the chairman of the board and a 
director of Retail Properties of America, Inc. (formerly, Inland Western Retail Real Estate Trust, 
Inc.) from its inception in March 2003 to October 2010. Mr. Parks also has served as the 
chairman of the board and a director of Inland Diversified Real Estate Trust, Inc. since its 
inception in June 2008. Mr. Parks is responsible for the ongoing administration of existing 
investment programs, corporate budgeting and administration for IREIC. He oversees and 
coordinates the marketing of all investments and investor relations. 

Mr. Parks received his bachelor degree from Northeastern Illinois University in Chicago, and his 
master’s degree from the University of Chicago and later taught in Chicago’s public schools. He 
is a member of the National Association of Real Estate Investment Trusts, or “NAREIT.” 

With over forty years of experience in the commercial real estate industry, our board believes 
that Mr. Parks has the depth of experience to oversee our business strategy. As the current or past 
chairman of the board of each of the other REITs sponsored by IREIC, including as the past 
chairman of a New York Stock Exchange-listed REIT, our board believes Mr. Parks has an 
understanding of the requirements of serving on a public company board and the leadership 
experience necessary to serve as our chairman. 

J. Michael Borden, 77. Independent director since October 2004. Mr. Borden is president and 
chief executive officer of Rock Valley Trucking Co., Inc., Rock Valley Leasing, Inc., Hufcor 
Inc. and Airwall, Inc. Mr. Borden also served as the president and chief executive officer of 
Freedom Plastics, Inc. through February 2009, at which time it filed a voluntary petition for a 
court-supervised liquidation of all of its assets in the Circuit Court of Rock County, Wisconsin. 

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Mr. Borden also is the chief executive officer of Hufcor Asia Pacific in China and Hong Kong, 
Marashumi Corp. in Malaysia, Hufcor Australia Group, and F. P. Investments a Real Estate 
Investment Company. He currently serves on the board of directors of ANGI Corp., Dowco, Inc., 
Competitive Wisconsin, and St. Anthony of Padua Charitable Trust, is a trustee of The Nature 
Conservancy and is a regent of the Milwaukee School of Engineering. Mr. Borden previously 
served as chairman of the board of the Wisconsin Workforce Development Board and as a 
member of the SBA Advisory Council and the Federal Reserve Bank Advisory Council. He was 
named Wisconsin entrepreneur of the year in 1998. Mr. Borden received a bachelor degree in 
accounting and finance from Marquette University, Milwaukee, Wisconsin. He also attended a 
master of business administration program in finance at Marquette University. 

Over the past twenty-five years, Mr. Borden’s various businesses have routinely entered into real 
estate transactions in the ordinary course of business, allowing him to develop experience in 
acquiring, leasing, developing and redeveloping real estate assets. Our board believes that this 
experience qualifies him to serve as a director on our board. 

Thomas F. Glavin, 53. Independent director since October 2007. Mr. Glavin is the owner of 
Thomas F. Glavin & Associates, Inc., a certified public accounting firm that he started in 1988. 
In that capacity, Mr. Glavin specializes in providing accounting and tax services to closely held 
companies. Mr. Glavin began his career at Vavrus & Associates, a real estate firm, located in 
Joliet, Illinois, that owned and managed apartment buildings and health clubs. At Vavrus & 
Associates, Mr. Glavin was an internal auditor responsible for reviewing and implementing 
internal controls. In 1984, Mr. Glavin began working in the tax department of Touche Ross & 
Co., where he specialized in international taxation. In addition to his accounting experience, Mr. 
Glavin also has been involved in the real estate business for the past seventeen years. Since 1997, 
Mr. Glavin has been a partner in Gateway Homes, which has zoned, developed and manages a 
440 unit manufactured home park in Frankfort, Illinois. Mr. Glavin received his bachelor degree 
in accounting from Michigan State University in East Lansing, Michigan and a master of science 
in taxation from DePaul University in Chicago, Illinois. Mr. Glavin is a member of the Illinois 
CPA Society and the American Institute of Certified Public Accountants. 

As a result of his financial experience, including over twenty-eight years in the accounting 
profession, our board believes that Mr. Glavin is able to provide valuable insight and advice with 
respect to our financial risk exposures, our financial reporting process and our system of internal 
controls. Mr. Glavin, who currently serves as the chairman of the audit committee of our board, 
qualifies as an “audit committee financial expert” as defined by the SEC. 

Brenda G. Gujral, 71.  Director since October 2004. Ms. Gujral has served as our president 
from October 2004 to September 2012. Ms. Gujral is a director of IREIC and has served as its 
president most recently from January 2013 to December 2013 (and served in that capacity from 
July 1987 through June 1992 and again from January 1998 through January 2011).  Ms. Gujral 
was appointed chief executive officer of IREIC in January 2008 until February 2012. She served 
as a director of Inland Securities Corporation from January 1997 to August 2013 (and served as 
its president and chief operating officer from January 1997 to June 2009). Ms. Gujral served as a 
director of Inland Investment Advisors, Inc., an investment advisor, from January 2001 to May 

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3

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2013, and has served as a director (March 2003 to May 2012) and chief executive officer (June 
2005 to November 2007) of Retail Properties of America, Inc. (formerly, Inland Western Retail 
Real Estate Trust, Inc.) and as president (from June 2008 to May 2009) of Inland Diversified 
Real Estate Trust, Inc.  Ms. Gujral also has been the chairman of the board (since May 2001) and 
the president (since May 2012) of Inland Private Capital Corporation (formerly, Inland Real 
Estate Exchange Corporation) and a director of Inland Opportunity Business Manager & 
Advisor, Inc. since April 2009. Ms. Gujral was a director of Inland Retail Real Estate Trust, Inc. 
from its inception in September 1998 until it was acquired in February 2007. 

Ms. Gujral has been with the Inland organization for over thirty-five years, becoming an officer 
in 1982. Prior to joining the Inland organization, she worked for the Land Use Planning 
Commission of the State of Oregon, establishing an office in Portland, to implement land use 
legislation for Oregon. Ms. Gujral graduated from California State University, in Fresno. She 
holds Series 7, 22, 39 and 63 certifications from FINRA, and is a member of NAREIT, the 
Investment Program Association and the Real Estate Investment Securities Association. 
Additionally, Ms. Gujral serves on the board of directors of the Disability Rights Center of the 
Virgin Islands, an organization that focuses on advancing the legal rights of people with 
disabilities in the U.S. Virgin Islands. In February of 2013, Ms. Gujral was inducted into 
Midwest Real Estate News Commercial Real Estate Hall of Fame. 

Our board believes that this experience, coupled with her leadership experience, qualifies Ms. 
Gujral to serve as a member of our board. 

Thomas F. Meagher, 83. Independent director since October 2004. Mr. Meagher currently 
serves on the board of directors of the TWA Plan Oversight Committee. He also is a former 
member of the board of trustees of Edward Lowe Foundation, Fairfield Savings and Loan, The 
Private Bank Corp. and the Chicago Chamber of Commerce. Mr. Meagher has previously served 
on the board of directors of UNR Industries, Rohn Towers, Greyhound Lines Inc., DuPage 
Airport Authority, Lakeside Bank and Trans World Airlines, where he served as chairman of the 
board for two years and participated in the sale of the company to American Airlines. 

Mr. Meagher began his business career in 1958 when he was selected by American Airlines for 
its management training program. He subsequently joined Continental Air Transport of Chicago 
as Executive Vice-President in 1964. In 1970, Mr. Meagher was appointed the first president and 
chief executive officer of the Chicago Convention and Tourism Bureau, returning to Continental 
Air Transport as president and chief executive officer in 1972, and he sold the company in 1996. 
In 1980, Mr. Meagher purchased Howell Tractor and Equipment Company, a large heavy 
construction equipment dealership, and sold the company in April 2005. 

Mr. Meagher received his bachelor degree from St. Mary’s University of Minnesota. Upon 
graduation, he entered the U.S. Marine Corps Officer Candidate Program, serving with the 2nd 
Marine Air Wing and achieving the rank of Captain. Mr. Meagher also attended graduate 
business school at the University of Chicago. 

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4

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As a result of Mr. Meagher’s extensive business experience, including his leadership experience, 
our board believes that he is qualified to serve as a director on our board. 

Paula Saban, 60. Independent director since October 2004. Ms. Saban has worked in the 
financial services and banking industry for over twenty-five years. She began her career in 1978 
with Continental Bank, which later merged into Bank of America. From 1978 to 1990, Ms. 
Saban held various consultative sales roles in treasury management and in traditional lending 
areas. She also managed client service teams and developed numerous client satisfaction 
programs. In 1990, Ms. Saban began designing and implementing various financial solutions for 
clients with Bank of America’s Private Bank and Banc of America Investment Services, Inc. Her 
clients included top management of publicly held companies and entrepreneurs. In addition to 
managing a diverse client portfolio, she was responsible for client management and overall client 
satisfaction. She retired from Bank of America in 2006 as a senior vice president/private client 
manager. In 1994, Ms. Saban and her husband started a construction products company, Newport 
Distribution, Inc., of which she is secretary and treasurer, and a principal stockholder. 

Ms. Saban received her bachelor degree from MacMurray College, Jacksonville, Illinois, and her 
master of business administration from DePaul University, Chicago, Illinois. She holds Series 7 
and 63 certifications from FINRA. She is a former president of the Fairview Elementary School 
PTA and a former trustee of both the Goodman Theatre and Urban Gateways. She served as 
Legislative Chair of Illinois PTA District 37 and as liaison to the No Child Left Behind Task 
Force of School District 54. She is currently a board member of a Hands On Suburban Chicago 
which is a not-for-profit organization that matches community and corporate volunteers of all 
ages and skills with opportunities to connect and serve. 

In light of Ms. Saban’s experience in financial services and banking, among other things, our 
board believes that Ms. Saban has the necessary experience and insight to serve on our board. 

William J. Wierzbicki, 68. Independent director since October 2005. Mr. Wierzbicki is a 
registered Professional Planner in the Province of Ontario, Canada, and is a member of both the 
Canadian Institute of Planners and the Ontario Professional Planners Institute. Mr. Wierzbicki is 
the sole proprietor of “Planning Advisory Services,” a land-use planning consulting service 
providing consultation and advice to various local governments, developers and individuals. 
Through Planning Advisory Services, Mr. Wierzbicki is the planner for the Municipalities of 
Huron Shores, the Sault Ste. Marie North Planning Board, Township of Prince, as well as the 
Town of Chapleau. Mr. Wierzbicki previously served as the Coordinator of Current Planning 
with the City of Sault Ste. Marie, Ontario. In that capacity, his expertise was in the review of 
residential, commercial and industrial development proposals. Mr. Wierzbicki led the program to 
develop a new Comprehensive Zoning By-Law for the City of Sault Ste. Marie. Mr. Wierzbicki 
was the leader of the team that developed the Sault Ste. Marie’s Industrial Development 
Strategy. More recently he has completed Community Development Plans for Batchwana First 
Nation’s Rankin site and for Pic Mobert First Nations. He has also developed an Official Plan 
and Comprehensive Zoning Bylaw for the Township of Prince. Mr. Wierzbicki received an 
architectural technologist diploma from the Sault Ste. Marie Technical and Vocational School in 
Ontario, Canada, and attended Sault College and Algoma University. 

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Our board believes that Mr. Wierzbicki’s experience and knowledge of commercial real estate 
industry, including with real estate development and land-use planning, qualifies him to serve on 
our board. 

Executive Officers 

In addition to Mr. Parks, whose biography is set forth above, the following individuals serve as 
our executive officers. All ages are stated as of January 1, 2014. 

Thomas P. McGuinness, 58. President and principal executive officer since September 2012. 
Mr. McGuinness joined Inland Property Management, Inc. in 1982, and has served as its 
president since 1991. Mr. McGuinness also has served as president (since 1990) and chairman 
(since 2001) of Mid-America Management Corporation. From August 2005 through December 
2011, Mr. McGuinness served as the president of Inland American HOLDCO LLC 
(“HOLDCO”), the sole member of each of the property managers, Inland American Industrial 
Management LLC (“Inland Industrial”), Inland American Office Management LLC (“Inland 
Office”) and Inland American Retail Management LLC (“Inland Retail”) (“HOLDCO” and 
collectively with Inland Industrial, Inland Office and Inland Retail, the “Property Managers”), 
and as the chairman, a director and the chief executive officer of the three members of 
HOLDCO. 

Mr. McGuinness previously served as the president of the Chicagoland Apartment Association 
and as the regional vice president of the National Apartment Association. He also served on the 
board of directors of the Apartment Building Owners and Managers Association, and was a 
trustee with the Service Employees’ Local No. 1 Health and Welfare Fund and its Pension Fund. 
He holds SCLS and SCSM accreditations from the International Council of Shopping Centers 
(“ICSC”). 

Jack Potts, 44. Executive Vice President since March 2014 and Treasurer and principal financial 
officer of the Company since February 2012. Mr. Potts previously served as our principal 
accounting officer and the chief accounting officer of Inland American Business Manager & 
Advisor, Inc. (the “Business Manager”), from September 2007 to January 2012. Mr. Potts also 
has served as the treasurer of Inland Real Estate Income Trust, Inc., and the treasurer of its 
business manager from February 2012 through July 2012. Prior to joining the Inland 
organization, from February 1998 to April 2007, Mr. Potts held various accounting and financial 
reporting positions with Equity Office Properties Trust, Inc., a then-publicly-traded owner and 
manager of office properties. Mr. Potts previously worked in the field of public accounting and 
was a manager in the real estate division for Ernst and Young LLP. He received a bachelor 
degree in accounting from Michigan State University in East Lansing. Mr. Potts is a certified 
public accountant. 

Anna Fitzgerald, 38. Executive Vice President since March 2014 and principal accounting 
officer of the Company since February 2012. Ms. Fitzgerald served as the vice president of 
accounting of the Business Manager from January 2011 through March 2014. Prior to joining the 

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6

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Inland organization, she had worked as a consultant to the Company, from March 2008 to 
December 2010. Ms. Fitzgerald was previously employed by Equity Office Properties Trust, Inc. 
from October 1999 to February 2008, where she held various positions in accounting, financial 
reporting and treasury. She received a bachelor degree in accounting and finance from Drake 
University in Des Moines, Iowa. Ms. Fitzgerald is a certified public accountant. 

Michael E. Podboy, 37. Executive Vice President since March 2014. Mr. Podboy served as the 
senior vice president of non core asset management of the Business Manager from January 2012 
through March 2014 and vice president asset management of the Business Manager from May 
2007 through December 2011.  Mr. Podboy previously worked in the field of public accounting 
and was a senior manager in the real estate division for KPMG LLP. He received a B.A. in 
accounting and computer science from the University of Saint Thomas in Saint Paul, Minnesota. 
Mr. Podboy is a certified public accountant (inactive).  Mr. Podboy serves as a Trust Manager 
for Cobalt Industrial REIT II which focuses on light industrial as well as an Executive 
Committee member of our retail joint venture entity IAGM Retail Fund I, LLC. 

Scott W. Wilton, 53. General Counsel since March 2014 and Secretary since October 2004. Mr. 
Wilton joined The Inland Group, Inc. in January 1995. Mr. Wilton served as the vice president of 
the Business Manager from July 2013 through March 2014. Prior to that time, he served as 
assistant vice president of The Inland Real Estate Group, Inc. and senior counsel with The Inland 
Real Estate Group law department. Mr. Wilton previously served as secretary of Retail 
Properties of America, Inc. (formerly, Inland Western Retail Real Estate Trust, Inc.) from March 
2003 to November 2005, as secretary of Inland Private Capital Corporation from May 2001 to 
August 2009 and as secretary of Inland Retail Real Estate Trust, Inc. and Inland Retail Real 
Estate Advisory Services, Inc. from September 1998 to December 2004. Mr. Wilton was 
involved in all aspects of The Inland Group, Inc.’s business, including real estate acquisitions 
and financing, securities law and corporate governance matters, leasing and tenant matters and 
litigation management. He received bachelor degrees in economics and history from the 
University of Illinois, Champaign, in 1982 and his law degree from Loyola University, Chicago, 
Illinois, in 1985. Prior to joining The Inland Group, Inc. Mr. Wilton worked for the Chicago law 
firm of Williams, Rutstein, Goldfarb, Sibrava and Midura, Ltd., specializing in real estate, 
corporate transactions and litigation. 

Audit Committee

Our board has formed an audit committee comprised of four independent directors, Messrs. 
Borden, Glavin, Meagher and Ms. Saban. The board has determined that Mr. Glavin, the 
chairman of the committee, qualifies as an “audit committee financial expert,” as defined by the 
SEC, and that each member of the committee is independent in accordance with the standards set 
forth in the committee's charter. The audit committee assists the board in fulfilling its oversight 
responsibility relating to: (1) the integrity of our financial statements; (2) our compliance with 
legal and regulatory requirements; (3) the qualifications and independence of the independent 
registered public accounting firm; (4) the adequacy of our internal controls; and (5) the 
performance of our independent registered public accounting firm. The audit committee has 
adopted a written charter, which is available on our website at www.inland-american.com under 
the “Corporate Governance” tab. 

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Section 16(a) Beneficial Ownership Reporting Compliance

Section 16(a) of the Exchange Act requires each director, officer and individual beneficially 
owning more than 10% of our common stock to file initial statements of beneficial ownership 
(Form 3) and statements of changes in beneficial ownership (Forms 4 and 5) of our common 
stock with the SEC. Officers, directors and greater than 10% beneficial owners are required by 
SEC rules to furnish us with copies of all such forms they file. Based solely on a review of the 
copies of such forms furnished to us during and with respect to the fiscal year ended 
December 31, 2013, or written representations that no additional forms were required, we believe 
that all of our officers and directors and persons that beneficially own more than 10% of the 
outstanding shares of our common stock complied with these filing requirements in 2013. 

Code of Ethics 

We have adopted a code of ethics applicable to our directors, officers and employees, which is 
available on our website free of charge at http://www.inlandamerican.com. We will provide the 
code of ethics free of charge upon request to our customer relations group. 

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Item 11. Executive Compensation

Compensation of Named Executive Officers

Since the Company’s inception in 2004 until March 12, 2014, all of our named executive officers 
were officers and employees of one or more of the affiliates of the Business Manager and were 
compensated by those entities, in part, for services rendered to us. We did not separately 
compensate our named executive officers, nor did we reimburse the Business Manager, the 
Property Managers or their respective affiliates for any compensation paid to their employees 
who also served as our named executive officers.  We paid the Business Manager and the 
Property Managers fees under the agreements with them. We also reimbursed them for certain 
fees and expenses incurred on our behalf. These fees and expenses are described in more detail 
in Item 13 of this Form 10-K. For the purposes of reimbursement, our corporate secretary was 
not considered an “executive officer,” and, accordingly, not a named executive officer.  Because 
we did not separately compensate our executive officers during the year ended December 31, 
2013, we did not have, and our board did not consider, a compensation policy or program for our 
named executive officers and has not included in this Form 10-K a “Compensation Discussion 
and Analysis” or a report from our board with respect to executive compensation.  

On March 12, 2014, we agreed with the Business Manager to terminate our business 
management agreement, hired all of the Business Manager’s employees, and acquired the assets 
necessary to conduct the functions previously performed by the Business Manager. As a result, 
we now directly employ our executive officers, including our named executive officers, and the 
other former employees of the Business Manager and will no longer pay a fee to the Business 
Manager. We expect that during 2014, our board will review all forms of compensation to our 
named executive officers and approve any stock option grants, warrants, stock appreciation 
rights and other current or deferred compensation that may be payable to our named executive 
officers with respect to the current or future value of our shares. In addition, we will include the 
non-binding stockholder advisory votes on executive compensation and on the frequency of 
stockholder votes on executive compensation in our 2015 proxy statement as required pursuant 
to Section 14A of the Exchange Act. 

Independent Director Compensation

We pay each of our independent directors an annual fee of $30,000, plus $1,000 for each 
meeting of the board attended in person and $500 for each meeting of the board attended by 
telephone. We also pay the chairperson of the audit committee an annual fee of $10,000, and pay 
each member of the audit committee $1,000 for each meeting of the audit committee attended in 
person and $500 for each meeting of the audit committee attended by telephone. We pay the 
chairperson of every other committee, including any special committee, an annual fee of $5,000, 
and pay each member of such committee $1,000 for each meeting of the committee attended in 
person and $500 for each meeting of the committee attended by telephone. Under certain 
circumstances, our board may determine that in consideration of the time and effort required of 
members of a special committee, certain fees are appropriate in addition to such member’s 
normal remuneration. For example, members of the special litigation committee, which consists 

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9

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solely of independent directors and is charged with, among things, reviewing and evaluating a 
series of demands from stockholders to conduct investigations regarding breach of fiduciary duty 
claims related to matters that are the subject of an SEC investigation, as described below under 
Item 13, receive an additional $7,500 per month during the existence of the special litigation 
committee. We reimburse all of our directors for any out-of-pocket expenses incurred by them in 
attending meetings. In addition, on the date of each annual meeting of stockholders, we grant to 
each independent director then in office options to purchase 500 shares of our common stock 
under our independent director stock option plan. This grant was not made at our annual meeting 
of stockholders held on November 15, 2013, but was later made at the reconvened meeting held 
on February 26, 2014. 

We do not compensate any director that also is an employee of our Company, or who was an 
employee of the Business Manager or any of its affiliates. 

The following table further summarizes compensation earned by the independent directors for 
the year ended December 31, 2013. 

J. Michael Borden 
Thomas F. Glavin 
Thomas F. Meagher 
Paula Saban 
William J. Wierzbicki 

Fees Earned in Cash Option Awards (1)
-
-
-
-
-

$147,000 
$160,000 
$56,500 
$150,000
$46,000 

Total
$147,000 
$160,000 
$56,500 
$150,000 
$46,000 

(1) With the exception of Mr. Glavin, each independent director had options to purchase 6,000 shares of our common 
stock outstanding at December 31, 2013. Mr. Glavin had options to purchase 5,000 shares of our common stock 
outstanding at December 31, 2013. All options have been granted pursuant to our independent director stock 
option plan. 

Stock Option Grants

Under our independent director stock option plan, we have authorized and reserved a total of 
75,000 shares of our common stock for issuance. The number and type of shares that could be 
issued under the plan may be adjusted if we are the surviving entity after a reorganization or 
merger or if we split our stock, are consolidated or are recapitalized. If this occurs, the exercise 
price of the options will be correspondingly adjusted. 

The independent director stock option plan generally provides for the grant of non-qualified 
stock options to purchase 3,000 shares to each independent director upon his or her appointment 
subject to satisfying the conditions set forth in the plan. The plan also provides for subsequent 
grants of options to purchase 500 shares on the date of each annual stockholder’s meeting to each 
independent director then in office. The exercise price for all options is equal to the fair market 
value of our shares, as defined in the plan, on the date of each grant. However, options may not 
be granted at any time when the grant, along with the grants to be made at the same time to other 
independent directors, would exceed 9.8% in value of our issued and outstanding shares of stock 
10 

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or 9.8% in value or number of shares, whichever is more restrictive, of our issued and 
outstanding shares of common stock. 

One-third of the options granted following an individual initially becoming an independent 
director are exercisable beginning on the date of their grant, one-third become exercisable on the 
first anniversary of the date of their grant and the remaining one-third become exercisable on the 
second anniversary of the date of their grant. All other options granted under the independent 
director stock option plan become fully exercisable on the second anniversary of their date of 
grant.

Options granted under the independent director stock option plan are exercisable until the first to 
occur of: (i) the tenth anniversary of the date of grant; (ii) the removal for cause of the person as 
an independent director; or (iii) three months following the date the person ceases to be an 
independent director for any other reason except death or disability. 

All options generally are exercisable in the case of death or disability for a period of one year 
after death or the disabling event, provided that the death or disabling event occurs while the 
person is an independent director. However, if the option is exercised within the first six months 
after it becomes exercisable, any shares issued pursuant to such exercise may not be sold until 
the six month anniversary of the date of the grant of the option. Notwithstanding any other 
provisions of the independent director stock option plan to the contrary, no option issued 
pursuant thereto may be exercised if exercise would jeopardize our status as a REIT under the 
Internal Revenue Code of 1986, as amended. 

No option may be sold, pledged, assigned or transferred by an independent director in any 
manner otherwise than by will or by the laws of descent or distribution. 

 Upon our dissolution, liquidation, reorganization, merger or consolidation as a result of which 
we are not the surviving corporation, or upon sale of all or substantially all of our assets, the 
independent director stock option plan will terminate, and any outstanding unexercised options 
will terminate and be forfeited. However, holders of options may exercise any options that are 
otherwise exercisable immediately prior to the dissolution, liquidation, consolidation or merger. 
Additionally, our board may provide for other alternatives in the case of a dissolution, 
liquidation, consolidation or merger. 

Compensation Committee Interlocks and Insider Participation

None of our current or former officers or employees, or the current or former officers or 
employees of our subsidiaries, participated in any deliberations of our board of directors 
concerning executive officer compensation during the year ended December 31, 2013. In 
addition, during the year ended December 31, 2013, none of our executive officers served as a 
director or a member of the compensation committee of any entity that has one or more 
executive officers serving as a member of our board of directors. 

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Item 12. Security Ownership of Certain Beneficial Owners and Management and Related 
Stockholder Matters.

Equity Compensation Plan Information

The following table provides information regarding our equity compensation plans as of 
December 31, 2013. 

Number of 
securities to 
be issued upon 
exercise 
of outstanding 
options, warrants 
and rights 

Weighted-
average exercise 
price of 
outstanding
options, warrants 
and rights 

Number of 
securities
remaining available for 
future issuance under 
equity compensation 
plans

29,000 

$8.87 

46,000 

— 

29,000 

— 

$8.87 

— 

46,000 

Plan category 
Equity compensation plans 
approved by security 
holders:
Independent Director 
Stock Option Plan 
Equity compensation plans 
not approved by security 
holders 

Total: 

As described above, we have adopted an Independent Director Stock Option Plan; see “Stock 
Option Grants” above. 

Stock Owned by Certain Beneficial Owners and Management

Based on a review of filings with the SEC, the following table shows the amount of common 
stock beneficially owned (unless otherwise indicated) by: (1) persons that are known to 
beneficially own more than 5% of the outstanding shares of our common stock; (2) our directors 
and each nominee for director; (3) our executive officers; and (4) our directors and executive 
officers as a group. All information is as of December 31, 2013. 

Name and Address of Beneficial Owner (1)
J. Michael Borden, Independent Director 
Thomas F. Glavin, Independent Director 
Brenda G. Gujral, Director 

Amount and Nature 
of Beneficial Ownership (2)
165,403 
28,610
9,853 

(3)

(4)

(5)

Percent
of Class 
*
*
*

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12 

(cid:3)

Thomas F. Meagher, Independent Director 
Robert D. Parks, Director and Chairman of the Board
Paula Saban, Independent Director 
William J. Wierzbicki, Independent Director 
Thomas P. McGuinness, President 
Jack Potts, Treasurer and Principal Financial Officer
Anna Fitzgerald, Principal Accounting Officer 
Scott W. Wilton, Secretary 

21,193
451,920 
5,500 
6,996 
— 
— 
— 
4,028 

All Directors and Officers as a group (11 persons) 

693,503 

(6)

(7)

(8)

(9)

(10)

*
*
*
*
—
—
—
*

* 

*Less than 1% 

(1) 

The business address of each person listed in the table is c/o Inland American Real Estate Trust, Inc., 2901 
Butterfield Road, Oak Brook, Illinois 60523. 

(2)  All fractional ownership amounts have been rounded to the nearest whole number. 
(3)  Mr. Borden has sole voting and dispositive power over 158,826 shares, including 61,962 shares owned by St. 
Anthony Padua Charitable Trust, for which Mr. Borden is the trustee, and Mr. Borden and his wife share 
voting and dispositive power over 6,577 shares. Mr. Borden’s shares include vested options exercisable into 
5,500 shares of common stock. 

(4)  Mr. Glavin has sole voting and dispositive power over 4,500 shares. Mr. Glavin and his wife share voting and 
dispositive power over 24,110 shares. Mr. Glavin’s shares include vested options exercisable into 4,500 
shares of common stock. 

(5)  Ms. Gujral has sole voting and dispositive power over 3,542 shares. Ms. Gujral and her husband share voting 

and dispositive power over 6,311 shares. 

(6)  Mr. Meagher has sole voting and dispositive power over all of the shares that he owns. Mr. Meagher’s shares 

include vested options exercisable into 5,500 shares of common stock. 

(7)  Mr. Parks has sole voting and dispositive power over all 451,920 shares. 
(8)  Ms. Saban has sole voting and dispositive power over all of the shares that she owns. Ms. Saban’s ownership 

is comprised of vested options exercisable into 5,500 shares of common stock. 

(9)  Mr. Wierzbicki has sole voting and dispositive power over 5,500 shares. Mr. Wierzbicki and his wife share 
voting and dispositive power over 1,496 shares. Mr. Wierzbicki’s shares include vested options exercisable 
into 5,500 shares of common stock. 

(10)  Mr. Wilton and his mother share voting and dispositive power over all 3,351 shares, and Mr. Wilton and his 
spouse share voting and dispositive power over 677 shares owned by Mr. Wilton’s spouse through her 
individual IRA. 

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13 

  
  
  
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Item 13. Certain Relationships and Related Transactions, and Director Independence.

Director Independence

Our business is managed under the direction and oversight of our board. The members of our 
board are J. Michael Borden, Thomas F. Glavin, Brenda G. Gujral, Thomas F. Meagher, Robert 
D. Parks, Paula Saban and William J. Wierzbicki. As required by our charter, a majority of our 
directors must be “independent.” Although our shares are not listed for trading on any national 
securities exchange, our charter defines, an “independent director” as a person who qualifies as 
an “independent director” pursuant to the provisions of the New York Stock Exchange Listed 
Company Manual. The New York Stock Exchange Listed Company Manual provides that to 
qualify as an independent director, in addition to satisfying certain bright-line criteria, the board 
of directors must affirmatively determine that a director has no material relationship with the 
Company (either directly or as a partner, stockholder or officer of an organization that has a 
relationship with the Company). 

Consistent with these considerations, after reviewing all relevant transactions or relationships 
between each director, or any of his or her family members, and the Company, our management 
and our independent registered public accounting firm, and considering each director’s direct and 
indirect association with the Company and IREIC, our former sponsor, and its affiliates, the 
board has determined that Ms. Saban and Messrs. Borden, Glavin, Meagher and Wierzbicki 
qualify as independent directors. 

Related Party Transactions

During the year ended December 31, 2013 we paid the Business Manager, an affiliate of our 
sponsor, IREIC, and its affiliates various fees and compensation. The following is a summary of 
the fees and compensation we paid to the Business Manager and its affiliates during that period. 
In addition, on March 12, 2014, we began the process of becoming fully self-managed by 
terminating our business management agreement with the Business Manager, hiring all of the 
Business Manager’s employees, and acquiring the assets of the Business Manager necessary to 
perform the functions previously performed by the Business Manager. As a first step towards 
internalizing the Property Managers, we hired certain of their employees; assumed responsibility 
for performing certain significant property management functions; and amended our property 
management agreements to reduce our property management fees as a result of our assumption 
of such responsibilities. As the second step, on December 31, 2014, we expect to terminate our 
property management agreements, hire the remaining Property Manager employees and acquire 
the assets necessary to conduct the remaining functions performed by the Property Managers. As 
a consequence, beginning January 1, 2015, we expect to become fully self-managed. We will not 
pay an internalization fee or self-management fee in connection with these self-management 
transactions. These self-management transactions immediately eliminated the management and 
advisory fees paid to the Business Manager and at the end of 2014, we expect to eliminate the 
fees paid to the Property Managers and terminate the property management agreements. As part 
of the self-management transactions, we agreed to reimburse the Business Manager and the 
Property Managers for certain transaction and employee related expenses and directly retain 

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affiliates of The Inland Group, Inc. for IT services, customer service and certain back-office 
services that were provided to us and managed by the Business Manager prior to the termination 
of the business management agreement. 

Pursuant to the terms of the now terminated business management agreement, after our 
stockholders received a non-cumulative, non-compounded return of 5.0% per annum on their 
“invested capital,” we paid the Business Manager an annual business management fee of up to 
1% of the “average invested assets,” payable quarterly in an amount up to 0.25% of the average 
invested assets as of the last day of the immediately preceding quarter. For these purposes, 
“average invested assets” meant, for any period, the average of the aggregate book value of our 
assets, including lease intangibles, invested, directly or indirectly, in financial instruments, debt 
and equity securities and equity interests in and loans secured by real estate assets, including 
amounts invested in REITs and other real estate operating companies, before reserves for 
depreciation or bad debts or other similar non-cash reserves, computed by taking the average of 
these values at the end of each month during the period. We paid this fee for services provided or 
arranged by the Business Manager, such as managing our day-to-day business operations, 
arranging for the ancillary services provided by other affiliates and overseeing these services, 
administering our bookkeeping and accounting functions, consulting with our board, overseeing 
our real estate assets and providing other services as our board deems appropriate. Pursuant to 
the letter agreement dated May 4, 2012, the business management fee was reduced in each 
particular quarter for investigation costs (excluding legal fees) incurred in conjunction with a 
non-public, formal, fact-finding investigation by the SEC to determine whether there have been 
violations of certain provisions of the federal securities laws regarding the business management 
fees, property management fees, transactions with affiliates, timing and amount of distributions 
paid to investors, determination of property impairments, and any decision regarding whether the 
Company might become a self-administered REIT. The Company has not been accused of any 
wrongdoing by the SEC. The Company also has been informed by the SEC that the existence of 
this investigation does not mean that the SEC has concluded that anyone has broken the law or 
that the SEC has a negative opinion of any person, entity or security. During the year ended 
December 31, 2013, the Company incurred $2.04 million of investigation costs, and paid the 
Business Manager a business management fee equal to approximately $37.96 million, or 
approximately 0.37% of our “average invested assets” on an annual basis, for the year ended 
December 31, 2013. 

For the year ended December 31, 2013, we paid Inland Investment Advisors, Inc., another 
affiliate of the Business Manager, an annual fee, paid on a monthly basis, totaling 1% of the first 
$1 to $5 million of marketable securities under management, 0.85% of marketable securities 
from $5 to $10 million, 0.75% of marketable securities from $10 to $25 million, 0.65% of 
marketable securities from $25 to $50 million, 0.60% of marketable securities from $50 to $100 
million and 0.50% of marketable securities above $100 million. Notwithstanding the above, the 
total annual fees paid to Inland Investment Advisors plus the annual business management fee 
paid to the Business Manager could not exceed the amounts we paid as the annual business 
management fee. For the year ended December 31, 2013, we paid fees to Inland Investment 
Advisors in an amount equal to approximately $1.67 million. 

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For the year ended December 31, 2013, we also reimbursed the Business Manager and its 
affiliates for all expenses that it, or any affiliate, paid or incurred on our behalf, including the 
salaries and benefits of persons employed by the Business Manager or its affiliates and 
performing services for us, except for the salaries and benefits of persons who also serve as one 
of the executive officers or as an executive officer of the Business Manager. For the purposes of 
reimbursement, our corporate secretary is not considered an “executive officer.” For the year 
ended December 31, 2013, we incurred approximately $15.7 million of these costs. 

We pay the Property Managers, the sole member of each of which is Inland American Holdco 
Management LLC which has three corporate members (owners) that are controlled by the 
principals of The Inland Group, Inc. but which are also owned by a number of other individuals, 
a monthly fee up to a certain percentage of gross operating income. For the year ended 
December 31, 2013, we paid the Property Managers monthly management fees by property type. 
These fees are as follows: (i) for any bank branch facility (office or retail), 2.50% of the gross 
income generated by the property; (ii) for any multi-tenant industrial property, 4.00% of the 
gross income generated by the property; (iii) for any multi-family property, 3.75% of the gross 
income generated by the property; (iv) for any multi-tenant office property, 3.75% of the gross 
income generated by the property; (v) for any multi-tenant retail property, 4.50% of the gross 
income generated by the property; (vi) for any single-tenant industrial property, 2.25% of the 
gross income generated by the property; (vii) for any single-tenant office property, 2.90% of the 
gross income generated by the property; and (viii) for any single-tenant retail property, 2.90% of 
the gross income generated by the property. 

We did not pay the Property Managers a management fee with respect to our lodging properties. 
Further, as is customary in the industry, we reimbursed each Property Managers, its affiliates and 
agents for property-level expenses that it or they paid, such as salaries and benefit expenses for 
on-site employees and other miscellaneous expenses. For the year ended December 31, 2013, we 
paid the Property Managers management aggregate fees of approximately $21.8 million. We did 
not pay any oversight fees for the year ended December 31, 2013. For the year ended December 
31, 2013, we also reimbursed the Property Managers approximately $11.0 million, related to 
property level payroll expenses. 

For the year ended December 31, 2013, we paid a related party of the Business Manager 0.2% of 
the principal amount of each loan placed on our behalf by the affiliate. These costs are 
capitalized as loan fees and amortized over the respective loan term. We paid $0.52 million for 
the year ended December 31, 2013. We did not pay loan servicing fees for the year ended 
December 31, 2013. 

As of December 31, 2013, we had deposited approximately $0.38 million, in Inland Bank and 
Trust, a subsidiary of Inland Bancorp, Inc., an affiliate of The Inland Real Estate Group, Inc., 
which is owned by The Inland Group, Inc. 

We are party to an agreement with a limited liability company formed as an insurance 
association captive, which is wholly owned by us and three related parties, Inland Real Estate 
Corporation (“IRC”), Inland Diversified Real Estate Trust, Inc., Inland Real Estate Income Trust, 

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16 

(cid:3)

Inc., and an unrelated third party, Retail Properties of America. We paid insurance premiums of 
$12.4 million for the year ended December 31, 2013. 

We held 889,820 shares of IRC valued at approximately $9.5 million as of December 31, 2013. 

Policies and Procedures with Respect to Related Party Transactions

Our board, acting in accordance with the standard of care imposed on each director by the 
Maryland General Corporation Law, may approve a transaction with a related party if the board 
believes that the transaction would be in the best interest of the Company. All transactions 
described in this Item 13 were approved by our board, including a majority of the independent 
directors not otherwise interested in the transaction. In determining whether to approve or 
authorize a particular related party transaction, these directors considered whether the transaction 
between us and the related party was fair and reasonable to us and has terms and conditions no 
less favorable to us than those available from unaffiliated third parties. We may in the future 
adopt more specific written policies and procedures regarding related party transactions. 

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Item 14. Principal Accounting Fees and Services.

Fees to Independent Registered Public Accounting Firm

The following table presents fees for professional services rendered by our independent 
registered public accounting firm, KPMG LLC (“KPMG”), for the audit of our annual financial 
statements for the years ended December 31, 2013 and 2012, together with fees for audit-related 
services and tax services rendered by KPMG for the years ended December 31, 2013 and 2012, 
respectively. 

Audit fees (1) 
Audit-related fees 
Tax fees (2) 
All other fees 

Year ended December 31,

2013 
$2,466,805 

2012 
$1,638,845 

—
$748,300 
— 

—
$514,774 
— 

TOTAL 

$3,215,105 

$2,153,619 

(1)  Audit fees consist principally of fees paid for the audit of our annual consolidated financial statements, review 
of our consolidated financial statements included in our quarterly reports and reimbursement of out-of-pocket 
legal expenses associated with the ongoing SEC investigation described herein. 

(2)  Tax fees are comprised of tax compliance fees. 

Approval of Services and Fees

Our audit committee has reviewed and approved all of the fees charged by KPMG for the years 
ended December 31, 2013 and 2012, and actively monitors the relationship between audit and 
non-audit services provided by KPMG. The audit committee concluded that all services rendered 
by KPMG during the years ended December 31, 2013 and 2012, respectively, were consistent 
with maintaining KPMG’s independence. As a matter of policy, the Company will not engage its 
primary independent registered public accounting firm for non-audit services other than “audit-
related services,” as defined by the SEC, certain tax services and other permissible non-audit 
services as specifically approved by the chairperson of the audit committee and presented to the 
full committee at its next regular meeting. The policy also includes limits on hiring partners of, 
and other professionals employed by, KPMG to ensure that the SEC’s auditor independence 
rules are satisfied. 

Under the policy, the audit committee must pre-approve any engagements to render services 
provided by the Company’s independent registered public accounting firm and the fees charged 
for these services including an annual review of audit fees, audit-related fees, tax fees and other 
fees with specific dollar value limits for each category of service. During the year, the audit 
committee will periodically monitor the levels of fees charged by KPMG and compare these fees 

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18 

  
 
  
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to the amounts previously approved. The audit committee also will consider on a case-by-case 
basis and, if appropriate, approve specific engagements that are not otherwise pre-approved. Any 
proposed engagement that does not fit within the definition of a pre-approved service may be 
presented to the chairperson of the audit committee for approval. 

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Item 15.  Exhibits and Financial Statement Schedules

Part IV

(a) List of documents filed: 

(3) Exhibits: 

The list of exhibits filed as part of this Form 10-K/A is set forth in (b) below and on the 
Exhibit Index attached hereto. 

(b)  Exhibits: 

31.1  Certification by Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act 

of 2002* 

31.2  Certification by Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act 

of 2002* 

32.1  Certification by Principal Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act 

of 2002* 

32.2  Certification by Principal Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act 

of 2002* 

*   Filed herewith. 

(cid:3)

20 

  
  
  
  
  
  
  
  
  
  
  
  
(cid:3)

SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant 
has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized. 

INLAND AMERICAN REAL ESTATE TRUST, INC.

By: 

Date: 

/s/ Thomas P. McGuinness 
Thomas P. McGuinness 
President
April 30, 2014 

Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by 
the following persons on behalf of the registrant and in the capacities and on the dates indicated. 

Signature

Title 

Date

Director and chairman of the board 

April 30, 2014 

President (principal executive officer) 

April 30, 2014 

Treasurer and principal financial officer 

April 30, 2014 

Principal accounting officer 

April 30, 2014 

Director 

Director 

Director 

Director 

Director 

Director 

Director 

April 30, 2014 

April 30, 2014 

April 30, 2014 

April 30, 2014 

April 30, 2014 

April 30, 2014 

April 30, 2014 

By:       /s/ Robert D. Parks
Name:  Robert D. Parks   

By:       /s/ Thomas P. McGuinness
Name:  Thomas P. McGuinness 

By:       /s/ Jack Potts
Name:  Jack Potts 

By:     /s/ Anna N. Fitzgerald
Name:  Anna N. Fitzgerald 

By:     /s/ J. Michael Borden
Name:  J. Michael Borden 

By:     /s/ Thomas F. Glavin
Name:  Thomas F. Glavin 

By:       /s/ David Mahon
Name:  David Mahon 

By:       /s/ Thomas F. Meagher
Name:  Thomas F. Meagher 

By:       /s/ Paula Saban
Name:  Paula Saban 

By:       /s/ William J. Wierzbicki
Name:  William J. Wierzbicki 

By:       /s/ Brenda G. Gujral
Name:  Brenda G. Gujral 

(cid:3)

  
 
  
  
(cid:3)

Exhibit Index

31.1  Certification by Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act 

of 2002* 

31.2  Certification by Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act 

of 2002* 

32.1  Certification by Principal Executive Officer pursuant to Section 906 of the Sarbanes-Oxley Act 

of 2002* 

32.2  Certification by Principal Financial Officer pursuant to Section 906 of the Sarbanes-Oxley Act 

of 2002* 

* Filed as part of this Form 10-K/A. 

(cid:3)
(cid:3)(cid:3)

  
  
  
  
  
  
  
  
  
Exhibit 31.1 

Certification of Principal Executive Officer 

I, Thomas P. McGuinness, certify that: 

1.(cid:3)

I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Inland American Real 
Estate Trust, Inc.; 

2.(cid:3) Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state 
a material fact necessary to make the statements made, in light of the circumstances under which such 
statements were made, not misleading with respect to the period covered by this report; 

3.(cid:3) Based on my knowledge, the financial statements, and other financial information included in this report, 
fairly present in all material respects the financial conditions, results of operations and cash flows of the 
registrant as of, and for, the periods presented in this report; 

4.(cid:3) The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure 
controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) and internal control 
over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f) for the registrant and 
have: 

a)(cid:3) Designed such disclosure controls and procedures, or caused such disclosure controls and 

procedures to be designed under our supervision, to ensure that material information relating to the 
registrant, including its consolidated subsidiaries, is made known to us by others within those 
entities, particularly during the period in which this report is being prepared; 

b)(cid:3) Designed such internal control over financial reporting, or caused such internal control over 
financial reporting to be designed under our supervision, to provide reasonable assurance 
regarding the reliability of financial reporting and the preparation of financial statements for 
external purposes in accordance with generally accepted accounting principles; 

c)(cid:3) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in 
this report our conclusions about the effectiveness of the disclosure controls and procedures, as of 
the end of the period covered by this report based on such evaluation; and 

d)(cid:3) Disclosed in this report any change in the registrant’s internal control over financial reporting that 
occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in 
the case of an annual report) that has materially affected, or is reasonably likely to material affect, 
the registrant’s internal control over financial reporting; and 

5.(cid:3) The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of 
internal control over financial reporting, to the registrant’s auditors and the audit committee of the 
registrant’s board of directors (or persons performing the equivalent functions): 

a)(cid:3) All significant deficiencies and material weaknesses in the design or operation of internal control 
over financial reporting which are reasonably likely to adversely affect the registrant’s ability to 
record, process, summarize and report financial information; and 

b)(cid:3) Any fraud, whether or not material, that involves management or other employees who have 

significant role in the registrant’s internal control over financial reporting. 

/s/ Thomas P. McGuinness 

By: 
Name:  Thomas P. McGuinness 
Title: 
Date: 

President 
April 30, 2014 

(cid:3)

Exhibit 31.2 

Certification of Principal Financial Officer 

I, Jack Potts, certify that: 

1.(cid:3)

I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Inland American Real 
Estate Trust, Inc.; 

2.(cid:3) Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state 
a material fact necessary to make the statements made, in light of the circumstances under which such 
statements were made, not misleading with respect to the period covered by this report; 

3.(cid:3) Based on my knowledge, the financial statements, and other financial information included in this report, 
fairly present in all material respects the financial conditions, results of operations and cash flows of the 
registrant as of, and for, the periods presented in this report; 

4.(cid:3) The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure 
controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) and internal control 
over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f) for the registrant and 
have: 

a)(cid:3) Designed such disclosure controls and procedures, or caused such disclosure controls and 

procedures to be designed under our supervision, to ensure that material information relating to the 
registrant, including its consolidated subsidiaries, is made known to us by others within those 
entities, particularly during the period in which this report is being prepared; 

b)(cid:3) Designed such internal control over financial reporting, or caused such internal control over 
financial reporting to be designed under our supervision, to provide reasonable assurance 
regarding the reliability of financial reporting and the preparation of financial statements for 
external purposes in accordance with generally accepted accounting principles; 

c)(cid:3) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in 
this report our conclusions about the effectiveness of the disclosure controls and procedures, as of 
the end of the period covered by this report based on such evaluation; and 

d)(cid:3) Disclosed in this report any change in the registrant’s internal control over financial reporting that 
occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in 
the case of an annual report) that has materially affected, or is reasonably likely to material affect, 
the registrant’s internal control over financial reporting; and 

5.(cid:3) The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of 
internal control over financial reporting, to the registrant’s auditors and the audit committee of the 
registrant’s board of directors (or persons performing the equivalent functions): 

a)(cid:3) All significant deficiencies and material weaknesses in the design or operation of internal control 
over financial reporting which are reasonably likely to adversely affect the registrant’s ability to 
record, process, summarize and report financial information; and 

b)(cid:3) Any fraud, whether or not material, that involves management or other employees who have 

significant role in the registrant’s internal control over financial reporting. 

By: 
Name: 
Title: 

Date: 

/s/ Jack Potts 
Jack Potts 
Executive Vice President, Treasurer and  
principal financial officer 
April 30, 2014 

(cid:3)

Exhibit 32.1 

Certification Pursuant to 
18 U.S.C. Section 1350, as Adopted Pursuant to 
Section 906 of the Sarbanes-Oxley Act of 2002 

In connection with Amendment No. 1 to Annual Report on Form 10-K of Inland American Real Estate Trust, Inc. 
(the “Company”) for the fiscal year ended December 31, 2013, as filed with the Securities and Exchange 
Commission on the date hereof (the “Report”), Thomas P. McGuinness, president of the Company, certifies, 
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to 
the best of his knowledge: 

(1)(cid:3) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act 

of 1934, as amended; and 

(2)(cid:3) The information contained in the Report fairly presents, in all material respects, the financial condition and 

results of operations of the Company. 

Date: April 30, 2014 

By: 
Name:  Thomas P. McGuinness 

/s/ Thomas P. McGuinness 

Title: 

President 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, 
except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of 
Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required 
by Section 906 has been provided to the Company and will be retained by the Company and furnished to the 
Securities and Exchange Commission or its staff upon request. 

(cid:3)

 
 
Exhibit 32.2 

Certification Pursuant to 
18 U.S.C. Section 1350, as Adopted Pursuant to 
Section 906 of the Sarbanes-Oxley Act of 2002 

In connection with Amendment No. 1 to Annual Report on Form 10-K of Inland American Real Estate Trust, Inc. 
(the “Company”) for the fiscal year ended December 31, 2013, as filed with the Securities and Exchange 
Commission on the date hereof (the “Report”), Jack Potts, Executive Vice President, Treasurer and principal 
financial officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 
of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge: 

(1)(cid:3) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act 

of 1934, as amended; and 

(2)(cid:3) The information contained in the Report fairly presents, in all material respects, the financial condition and 

results of operations of the Company. 

Date: April 30, 2014 

By: 
Name: 

/s/ Jack Potts 
Jack Potts 

Title: 

Executive Vice President, Treasurer and principal 
financial officer 

This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, 
except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of 
Section 18 of the Securities Exchange Act of 1934, as amended.  A signed original of this written statement required 
by Section 906 has been provided to the Company and will be retained by the Company and furnished to the 
Securities and Exchange Commission or its staff upon request. 

(cid:3)

 
Inland American Real Estate Trust, Inc. 

CORPORATE PROFILE

Inland American Real Estate Trust, Inc. was incorporated in October 2004 as a Maryland 
corporation and has elected to be taxed, and currently qualifies, as a real estate investment 
trust for federal tax purposes. Inland American owns, manages, acquires and develops a 
diversified portfolio of commercial real estate located throughout the United States. In 
addition, Inland American owns assets and properties in development through various 
joint ventures with various controlling and noncontrolling interests, as well as investments 
in marketable securities and other assets. Inland American’s strategic focus is to realign its 
diversified portfolio in three specific asset classes - retail, lodging and student housing.

Legal Counsel
Proskauer Rose LLP
Three First National Plaza
70 West Madison, Suite 3800
Chicago, IL 60602-4342

Transfer Agent 
DST Systems, Inc. 
333 W. 11th St.
Kansas City, MO 64105
888.DST.INFO

Independent Auditors
KPMG LLP
303 East Wacker Drive
Chicago, IL 60601

Memberships

Investor Relations
If you have any questions, please contact Dan Lombardo, Vice President of Investor 
Relations, at 630.586.6314 or by e-mail at custserv@inland-investments.com.

Forward-Looking Statements
Certain statements and assumptions in this press release contain or are based upon “forward-looking” information.  When we use 
the words “will,” may,” “anticipate,” “estimate,” “should,” “expect,” “believe,” “intend,” or similar expressions, we intend to identify 
forward-looking statements.  Such statements are subject to numerous assumptions and uncertainties, including the fulfillment of 
conditions to the Offer, many of which are outside of the Company’s control, which could cause actual results to differ materially 
from those expressed in or implied by the content of this document.  Forward-looking statements made in this annual report 
are made only as of the date of their initial publication and neither party undertakes an obligation to publicly update any of 
these forward-looking statements as actual events unfold.  We describe risks, uncertainties and assumptions that could affect 
the outcome or results of operations in the “Risk Factors” section of our Annual Report on Form 10-K for the fiscal year ended 
December 31, 2013.

 
 
.

2901 Butterfield Road · Oak Brook, IL 60523
Phone: 800.826.8228
www.inlandamerican.com

The companies depicted in the photographs herein may have proprietary interests in their trade names and trademarks and nothing 
herein shall be considered to be an endorsement, authorization or approval of Inland American Real Estate Trust, Inc. (“Inland 
American”) by the companies. Further, none of these companies are affiliated with Inland American in any manner. The Inland 
American name and logo are registered trademarks being used under license.