Common use of ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER Clause in Contracts

ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. Executed and effective as of the date first set forth above. LENDER: GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxxxx Printed Name: Xxxx Xxxxxxxx Its: Authorized Signatory Date Signed: February 14, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer PRE-MERGER BORROWER: SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company By: THE SUMMIT GROUP, INC., a South Dakota corporation, its Company Manager By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWER: SUMMIT HOTEL OP, LP, a Delaware limited partnership By: SUMMIT HOTEL GP, LLC, a Delaware limited liability company, its General Partner By: SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation, its Sole Member By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng 18 EXHIBIT A LOAN SCHEDULE EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOAN/DESIGNATED PROPERTY EXHIBIT C CONSENT LETTER

Appears in 1 contract

Samples: Loan Modification Agreement (Summit Hotel Properties, Inc.)

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ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. Executed and effective as of the date first set forth above. LENDER: GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxxxx Printed Name: Xxxx Xxxxxxxx Its: Authorized Signatory Date Signed: February 14, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer PRE-MERGER BORROWER: SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company By: THE SUMMIT GROUP, INC., a South Dakota corporation, its Company Manager By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWER: SUMMIT HOTEL OP, LP, a Delaware limited partnership By: SUMMIT HOTEL GP, LLC, a Delaware limited liability company, its General Partner By: SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation, its Sole Member By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng 18 EXHIBIT A LOAN SCHEDULE EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOAN/DESIGNATED PROPERTY EXHIBIT C CONSENT LETTER

Appears in 1 contract

Samples: Loan Modification Agreement (Summit Hotel Properties, Inc.)

ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. Executed and effective as of the date first set forth above. LENDER: GE FRANCHISE FINANCE COMMERCIAL LLC, a Delaware limited liability company By: /s/ Xxxxx Xxxxx Name: Xxxxx Xxxxx Its Authorized Signatory GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxxxx Printed Xxxxx Xxxxx Name: Xxxx Xxxxxxxx Its: Xxxxx Xxxxx Its Authorized Signatory Date SignedAddress for Notices: February 14, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX Xxxxxxx 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer PRE-MERGER BORROWER: SUMMIT HOTEL PROPERTIES, LLCSUPERTEL LIMITED PARTNERSHIP, a South Dakota limited liability company By: THE SUMMIT GROUP, INC., a South Dakota corporation, its Company Manager By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWER: SUMMIT HOTEL OP, LP, a Delaware Virginia limited partnership By: SUMMIT HOTEL GPSUPERTEL HOSPITALITY REIT TRUST, a Maryland real estate investment trust, its General Partner By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: President SPPR – SOUTH BEND, LLC, a Delaware limited liability companycompany By: SUPERTEL LIMITED PARTNERSHIP, a Virginia limited partnership, its Manager By: SUPERTEL HOSPITALITY REIT TRUST, a Maryland real estate investment trust, its General Partner By: SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation, its Sole Member By: /s/ Xxxxxxxxxxx Eng Xxxxx X. Xxxxxxx Name: Xxxxxxxxxxx Eng TitleXxxxx X. Xxxxxxx Its: Secretary President Address for Notices: 0000 X. Xxxxxxxxx XxxxxxXxxxxxxx Avenue, Xxxxx 0 Xxxxx XxxxxSuite 200 Norfolk, XX 00000 Nebraska 68701 Attention: Xxxxxxxxxxx Eng 18 Chief Financial Officer GUARANTOR: SUPERTEL HOSPITALITY, INC., a Virginia corporation By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: President SUPERTEL HOSPITALITY REIT TRUST, a Maryland real estate investment trust By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: President SUPERTEL LIMITED PARTNERSHIP, a Virginia limited partnership By: SUPERTEL HOSPITALITY REIT TRUST, a Maryland real estate investment trust, its General Partner By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: President Address for Notices: 0000 X. Xxxxxxxx Avenue, Suite 200 Norfolk, Nebraska 68701 Attention: Chief Financial Officer EXHIBIT A LOAN SCHEDULE Borrower, guarantor or other credit party (collectively, the “Borrower”) Loan Contract No. (collectively, the “Loan”) Loan 1 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000431562 Loan 2 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000431830 Loan 3 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000432039 Loan 4 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000432169 Loan 5 Borrower: South Bend, LLC Guarantors: Supertel LP, Supertel REIT and Supertel Hospitality 000435130 Loan 6 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000435126 Loan 7 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000435127 Loan 8 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000435128 Loan 9 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000435129 Loan 10 Borrower: Supertel LP Guarantors: Supertel REIT and Supertel Hospitality 000435397 Borrower Loan # Original Balance Principal Balance Concept(s) # Prop Current Lender SPPR - SOUTH BEND, LLC 435130 7,875,000 4,768,814.86 Comfort Inn Suites 1 FF-GE Franchise Finance Comm LLC-AH SUPERTEL LIMITED PARTNERSHIP 432169 27,755,000 12,393,440.63* Masters Inn 7 FF-GE Franchise Finance Comm LLC-AH SUPERTEL LIMITED PARTNERSHIP 431830 15,600,000 12,610,056.37 Super 8 4 FF-GE Franchise Finance Comm LLC-AH SUPERTEL LIMITED PARTNERSHIP 435397 2,470,000 2,347,681.49 Super 8 Green Bay 1 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 431562 17,850,000 16,281,584.07 Savannah Suites 6 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 432039 3,445,000 3,161,810.90 Savannah Suites 1 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 435128 6,765,000 6,415,900.41 2 Comfort 1 Baymont 3 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 435127 3,380,000 3,205,579.22 Days Inn Kentucky 2 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 435129 1,100,000 1,043,235.86 Sleep Inn Louisville, KY 1 FF-GE Capital Commercial of Utah, LLC SUPERTEL LIMITED PARTNERSHIP 435126 4,355,000 4,130,265.55 Days Inn Sioux Falls, SD 2 FF-GE Capital Commercial of Utah, LLC *Plus $1,088,078.61 prepayment premium plus deferred charges at 5% interest from 1/1/2012 10 $90,595,000 $66,358,369.36 28 EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOANCREDIT FACILITIES Principal Balance (000's) as of Supertel Loan & Credit Facilities 9/30/2011 Greenwich Capital 29,810 Great Western Bank 36,453 Citigroup/DESIGNATED PROPERTY Citicorp 13,118 EXHIBIT C CONSENT LETTERC

Appears in 1 contract

Samples: Loan Modification Agreement (Supertel Hospitality Inc)

ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. [SIGNATURE PAGES FOLLOW] 18 Executed and effective as of the date first set forth above. LENDER: GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company /s/ Xxxxxxxx Xxxxxxxxx By: /s/ Xxxx Xxxxxxxx Printed Name: Xxxx Xxxxxxxx Xxxxxxxxx Its: Authorized Signatory Date Signed: February 148/10, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer PRE-MERGER BORROWER: SUMMIT HOTEL PROPERTIESOP, LP, a Delaware limited partnership By: Summit Hotel GP, LLC, a South Dakota Delaware limited liability company company, its General Partner By: THE SUMMIT GROUPSummit Hotel Properties, INC.Inc., a South Dakota Maryland corporation, its Company Manager By: Sole Member /s/ Xxxxxxxxxxx Eng By: Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWERPLEDGOR: SUMMIT HOTEL OP, LP, a Delaware limited partnership By: SUMMIT HOTEL GPTRS 022, LLC, a Delaware limited liability company, its General Partner company By: SUMMIT HOTEL PROPERTIESSummit Hotel TRS, INC.Inc., a Maryland Delaware corporation, its Sole Member By: sole member /s/ Xxxxxxxxxxx Eng By: Printed Name: Xxxxxxxxxxx Eng TitleIts: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng 18 EXHIBIT A LOAN SCHEDULE EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOAN/PROPERTY DESIGNATED PROPERTY EXHIBIT C CONSENT LETTERLOANS SCHEDULE 1 ADDITIONAL SITES

Appears in 1 contract

Samples: Second Loan Modification Agreement (Summit Hotel Properties, Inc.)

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ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. Executed and effective as of the date first set forth above. LENDER: GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company By: /s/ Xxxx Xxxxxxxx Printed Name: Xxxx Xxxxxxxx Its: Authorized Signatory Date Signed: February 14, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer BORROWER: SUMMIT HOSPITALITY V, LLC, a South Dakota limited liability company By: SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company, its Sole Member By: THE SUMMIT GROUP, INC., a South Dakota corporation, its Company Manager By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng PRE-MERGER BORROWERGUARANTOR: SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company By: THE SUMMIT GROUP, INC., a South Dakota corporation, its Company Manager By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWERGUARANTOR: SUMMIT HOTEL OP, LP, a Delaware limited partnership By: SUMMIT HOTEL GP, LLC, a Delaware limited liability company, its General Partner By: SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation, its Sole Member By: /s/ Xxxxxxxxxxx Eng Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng 18 EXHIBIT A LOAN SCHEDULE EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOAN/DESIGNATED PROPERTY EXHIBIT C CONSENT LETTER

Appears in 1 contract

Samples: Loan Modification Agreement (Summit Hotel Properties, Inc.)

ENTIRE AGREEMENT, CHANGE, DISCHARGE, TERMINATION, OR WAIVER. The Current Loan Documents, as modified by this Modification, contain the entire understanding and agreement of Borrower and Lender in respect of the Loan and supersede all prior representations, warranties, agreements and understandings. No provision of the Loan Documents may be changed, discharged, supplemented, terminated or waived except in a writing signed by Lender and Borrower. Executed and effective as of the date first set forth above. LENDER: GE CAPITAL COMMERCIAL OF UTAH LLC, a Delaware limited liability company /s/ Xxxxxxxx Xxxxxxxxx By: /s/ Xxxx Xxxxxxxx Printed Name: Xxxx Xxxxxxxx Xxxxxxxxx Its: Authorized Signatory Date Signed: February 148/10, 2011 0000 Xxxx Xxxxxxxx Xxxxx Xxxxx 000 Xxxxxxxxxx, XX 00000 Attention: Collateral Management With a copy to: GE Capital Commercial Inc. 0000 Xxxxxxx Xxxxx, Xxxxx 000 Xxxx Xxxx Xxxx, XX 00000 Attention: Chief Financial Officer PRE-MERGER BORROWER: SUMMIT HOTEL PROPERTIESHOSPITALITY V, LLC, a South Dakota limited liability company By: THE SUMMIT GROUPSummit Hotel OP, INC.LP, a South Dakota Delaware limited partnership, its Sole Member By: Summit Hotel GP, LLC, a Delaware limited liability company, its General Partner By: Summit Hotel Properties, Inc., a Maryland corporation, its Company Manager By: Sole Member /s/ Xxxxxxxxxxx Eng By: Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng BORROWERGUARANTOR: SUMMIT HOTEL OP, LP, a Delaware limited partnership By: SUMMIT HOTEL Summit Hotel GP, LLC, a Delaware limited liability company, its General Partner By: SUMMIT HOTEL PROPERTIESSummit Hotel Properties, INC.Inc., a Maryland corporation, its Sole Member By: /s/ Xxxxxxxxxxx Eng By: Name: Xxxxxxxxxxx Eng Title: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng 18 PLEDGOR: SUMMIT HOTEL TRS 006, LLC, a Delaware limited liability company By: Summit Hotel TRS, Inc., a Delaware corporation, its sole member /s/ Xxxxxxxxxxx Eng By: Printed Name: Xxxxxxxxxxx Eng Its: Secretary Address for Notices: 0000 X. Xxxxxxxxx Xxxxxx, Xxxxx 0 Xxxxx Xxxxx, XX 00000 Attention: Xxxxxxxxxxx Eng EXHIBIT A LOAN SCHEDULE EXHIBIT B DESIGNATED PARTIES AND DESIGNATED LOAN/PROPERTY DESIGNATED PROPERTY EXHIBIT C CONSENT LETTERLOANS SCHEDULE 1 ADDITIONAL SITES

Appears in 1 contract

Samples: Second Loan Modification Agreement (Summit Hotel Properties, Inc.)

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