Spirit Realty Capital

The General Partner may give priority to the separate interests of the REIT's public stockholders over the interests of the limited partners of the operating partnership when conflicts arise, and this does not constitute a breach of fiduciary duty.

“in the event of a conflict between the interests of the Partnership or any Partner, on the one hand, and the separate interests of the Special Limited Partner or its stockholders, on the other hand, the General Partner and the Special Limited Partner, as the sole member of the General Partner, are under no obligation not to give priority to the separate interests of the Special Limited Partner or the stockholders of the Special Limited Partner and may give priority to the separate interests of the Special Limited Partner and its stockholders in a manner that is adverse to the Partnership and its Partners”