SECOND AMENDED AND RESTATED CREDIT AGREEMENT Dated as of July 27, 2018 among APPLE HOSPITALITY REIT, INC., as the Borrower, CERTAIN SUBSIDIARIES OF APPLE HOSPITALITY REIT, INC. FROM TIME TO TIME PARTY HERETO, as Guarantors, BANK OF AMERICA, N.A., as...Credit Agreement • August 1st, 2018 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of July 27, 2018, among APPLE HOSPITALITY REIT, INC., a Virginia corporation (the “Borrower”), certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent and Swing Line Lender.
PURCHASE CONTRACT between OKC-BRICKTOWN LODGING ASSOCIATES, LLC (“SELLER”) (“SELLER”) AND APPLE NINE HOSPITALITY OWNERSHIP, INC. (“BUYER”) AND RAYMOND MANAGEMENT COMPANY, INC. (“INDEMNITOR”) Dated: March 16, 2010Purchase Contract • April 21st, 2010 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of March 16, 2010, by and between OKC-BRICKTOWN LODGING ASSOCIATES, LLC, a Wisconsin limited liability company (“Seller”) with a principal office at 8333 Greenway Boulevard, Suite 200, Middleton, Wisconsin 53562 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”), and joined in by Raymond Management Company, Inc., a Wisconsin Corporation (“Indemnitor”), with its principal office at 8333 Greenway Boulevard, Suite 200, Middleton, Wisconsin 53562.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 22nd, 2022 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of July 27, 2018, among APPLE HOSPITALITY REIT, INC., a Virginia corporation (the “Borrower”), certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent and Swing Line Lender.
HOTEL LEASE AGREEMENT EFFECTIVE OCTOBER 16, 2008 BETWEEN APPLE NINE HOSPITALITY OWNERSHIP, INC. A VIRGINIA CORPORATION AS LESSOR AND APPLE NINE HOSPITALITY TEXAS SERVICES, INC. A VIRGINIA CORPORATION AS LESSEEHotel Lease Agreement • October 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts
THIS HOTEL LEASE AGREEMENT (hereinafter called “Lease”), effective as of the 16th day of October, 2008, by and between Apple Nine Hospitality Ownership, Inc., a Virginia corporation (hereinafter called “Lessor”), and Apple Nine Hospitality Texas Services, Inc., a Virginia corporation (hereinafter called “Lessee”), provides as follows:
PURCHASE CONTRACT between METTARES, LLC (“SELLER”) (“SELLER”) AND APPLE NINE HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: September 10, 2010Purchase Contract • March 11th, 2011 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of September 10, 2010, by and between METTARES, LLC, an Indiana limited liability company (“Seller”) with a principal office at 1000 East 80th Place, Suite 600 North, Merrillville, Indiana 46410 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219 (“Buyer”)
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • June 8th, 2020 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This SECOND AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of July 27, 2018, among APPLE HOSPITALITY REIT, INC., a Virginia corporation (the “Borrower”), certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent and Swing Line Lender.
AGREEMENT OF PURCHASE AND SALEAgreement of Purchase and Sale • October 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • California
BY THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”), and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto declare, covenant and agree as follows:
ESCROW AGREEMENT (Apple REIT Nine, Inc.)Escrow Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia
THIS ESCROW AGREEMENT, dated as of April 16, 2008 (“Escrow Agreement”), is by and among DAVID LERNER ASSOCIATES, INC., a New York corporation (“Agent”), APPLE REIT NINE, INC., a Virginia corporation (“Company”), and BRANCH BANKING and TRUST Company., a North Carolina Banking Corporation, as Escrow Agent hereunder (“Escrow Agent”).
PURCHASE CONTRACT between LARRY G. BLUMBERG HAYNE HOLLIS BARRY KRASELSKY WATSON & DOWNS INVESTMENTS, LLC HELEN B. LIFLAND RICHARD H. BLUMBERG ELIZABETH B. DONROE MELISSA L. BLUMBERG STEVE BECKER BLUMBERG FUTURES, LLC HOLLIS & SPANN FUTURES, LLC...Purchase Contract • October 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of the date set forth in Item 1 of Schedule 1 by and between the persons and entities set forth in Item 2(a) of Schedule 1 (each, an “Interest Owner” and, collectively, the “Interest Owners”), with an address c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; the entity set forth in Item 2(b) of Schedule 1 (the “Company”), with its principal office c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”).
MANAGEMENT AGREEMENT by and between GATEWAY HOSPITALITY GROUP, INC. as “MANAGER” and APPLE NINE HOSPITALITY TEXAS SERVICES, INC. as “OWNER” Dated as of September 26, 2008Management Agreement • October 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts
THIS MANAGEMENT AGREEMENT (“Agreement”) is executed as of the 26th day of September, 2008 (“Effective Date”), by APPLE NINE HOSPITALITY TEXAS SERVICES, INC., a Virginia corporation (“Owner”), with a mailing address at c/o Apple REIT Companies, 814 E. Main Street, Richmond, Virginia 23219, Attention: Krissy Gathright, and GATEWAY HOSPITALITY GROUP, INC., an Ohio corporation (“Manager”), with a mailing address at c/o Gateway Hospitality Group Inc., 8921 Canyon Falls Blvd., Ste 140, Twinsburg, Ohio 44087
THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • July 27th, 2022 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (this “Agreement”) is entered into as of July 25, 2022, among APPLE HOSPITALITY REIT, INC., a Virginia corporation ( “Apple Hospitality REIT”), certain subsidiaries of Apple Hospitality REIT from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent.
ADVISORY AGREEMENT BETWEEN APPLE REIT NINE, INC. AND APPLE NINE ADVISORS, INC.Advisory Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia
THIS ADVISORY AGREEMENT, dated as of April 23, 2008, is between APPLE REIT NINE, INC., a Virginia corporation (the “Company”), and APPLE NINE ADVISORS, INC., a Virginia corporation (the “Advisor”).
PURCHASE CONTRACT between SLICSPRING, LLC (“SELLER”) (“SELLER”) AND APPLE NINE HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: September 10, 2010Purchase Contract • March 11th, 2011 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of September 10, 2010, by and between SLICSPRING, LLC, an Indiana limited liability company (“Seller”) with a principal office at 1000 East 80th Place, Suite 600 North, Merrillville, Indiana 46410 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219 (“Buyer”)
AMENDED AND RESTATED CREDIT AGREEMENT Dated as of May 18, 2015 among APPLE HOSPITALITY REIT, INC., as the Borrower, CERTAIN SUBSIDIARIES OF APPLE HOSPITALITY REIT, INC. FROM TIME TO TIME PARTY HERETO, as Guarantors, BANK OF AMERICA, N.A., as...Assignment and Assumption • May 18th, 2015 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of May 18, 2015, among APPLE HOSPITALITY REIT, INC., a Virginia corporation (the “Borrower”), certain subsidiaries of the Borrower from time to time party hereto, as Guarantors, each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), each L/C Issuer from time to time party hereto, and BANK OF AMERICA, N.A., as Administrative Agent, Swing Line Lender and an L/C Issuer.
PURCHASE CONTRACT between ROGERS LODGING ASSOCIATES, LLC (“SELLER”) (“SELLER”) AND APPLE NINE HOSPITALITY OWNERSHIP, INC. (“BUYER”) AND RAYMOND MANAGEMENT COMPANY, INC. (“INDEMNITOR”) Dated: March 16, 2010Purchase Contract • April 21st, 2010 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of March 16, 2010, by and between ROGERS LODGING ASSOCIATES, LLC, a Wisconsin limited liability company (“Seller”) with a principal office at 8333 Greenway Boulevard, Suite 200, Middleton, Wisconsin 53562 and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”), and joined in by Raymond Management Company, Inc., a Wisconsin Corporation (“Indemnitor”), with its principal office at 8333 Greenway Boulevard, Suite 200, Middleton, Wisconsin 53562.
182,251,082 Units (Common Shares and Series A Preferred Shares) APPLE REIT NINE, INC. Agency Agreement April 16, 2008Agency Agreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia
Apple REIT Nine, Inc., a Virginia corporation (the “Company”), is a corporation that will elect to qualify as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”). Subject to the terms and conditions stated herein, the Company proposes to engage David Lerner Associates, Inc. as its managing dealer (the “Agent”) to solicit offers to buy and obtain purchasers for Units, as offered by the Prospectus which is part of the Form S-11 Registration Statement under the Securities Act of 1933 (File No. 333-147414) as filed with the Securities and Exchange Commission. Each Unit refers to one share of common stock, no par value, and one Series A preferred share of the Company registered pursuant to the Registration Statement referred to in the preceding sentence. This will confirm our agreement respecting your engagement as the exclusive agent to solicit offers to buy and obtain purchasers for the Units on a “best efforts”
APPLE HOSPITALITY REIT, INC., as Issuer — and — as TrusteeIndenture • April 25th, 2019 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
INDENTURE, dated as of [ ], 20[ ] (the “Indenture”), between Apple Hospitality REIT, Inc., a Virginia corporation (the “Company”), having its principal executive office located at 814 East Main Street, Richmond, Virginia 23219, as issuer, and [ ], as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).
FRANCHISE LICENSE AGREEMENT HILTON GARDEN INN CLEVELAND/TWINSBURG TWINSBURG, OHFranchise License Agreement • October 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • New York
Dated as of the Effective Date in the Rider attached as Attachment B (the “Rider”) between the licensor entity in the Rider (“we,” “us,” “our” or “Licensor”), and the licensee entity (“you,” “your” or “Licensee”) in the Rider.
182,251,082 Units (Common Shares and Series A Preferred Shares) APPLE REIT NINE, INC. Agency AgreementDealer Agreement • November 15th, 2007 • Apple REIT Nine, Inc. • Virginia
PROPERTY ACQUISITION/DISPOSITION AGREEMENTAgreement • November 15th, 2007 • Apple REIT Nine, Inc. • Virginia
THIS AGREEMENT is made and entered into as of , 2008, by and between Apple REIT Nine, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).
APPLE HOSPITALITY REIT, INC., as Issuer — and — as Trustee FORM OF INDENTURE Dated as of [ ] Senior Debt SecuritiesIndenture • February 23rd, 2022 • Apple Hospitality REIT, Inc. • Real estate investment trusts
INDENTURE, dated as of [ ], 202[ ] (the “Indenture”), between Apple Hospitality REIT, Inc., a Virginia corporation (the “Company”), having its principal executive office located at 814 East Main Street, Richmond, Virginia 23219, as issuer, and [ ], as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).
APPLE HOSPITALITY REIT, INC., as Issuer — and — as TrusteeApple Hospitality REIT, Inc. • March 14th, 2016 • Real estate investment trusts • New York
APPLE HOSPITALITY REIT, INC. COMMON SHARES (NO PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENT Dated: February 23, 2024Equity Distribution Agreement • February 23rd, 2024 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
Apple Hospitality REIT, Inc., a Virginia corporation (the “Company”), confirms its agreement (this “Agreement”) with Jefferies LLC, B. Riley Securities, Inc., Robert W. Baird & Co. Incorporated, BMO Capital Markets Corp., BofA Securities, Inc., BTIG, LLC, KeyBanc Capital Markets Inc., Regions Securities LLC, SMBC Nikko Securities America, Inc., Scotia Capital (USA) Inc., Truist Securities, Inc. and Wells Fargo Securities, LLC (each an “Agent” and collectively, the “Agents”), as follows:
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 13th, 2016 • Apple Hospitality REIT, Inc. • Real estate investment trusts • Virginia
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of July 13, 2016, by and among APPLE REIT TEN, INC., a Virginia corporation (the “Company”), APPLE HOSPITALITY REIT, INC., a Virginia corporation (“Parent”) and 34 CONSOLIDATED, INC., a Virginia corporation and wholly-owned subsidiary of Parent (“Merger Sub”).
APPLE HOSPITALITY REIT, INC. COMMON SHARES (NO PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 28th, 2017 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
PROPERTY ACQUISITION/DISPOSITION AGREEMENTAgreement • April 23rd, 2008 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia
THIS AGREEMENT is made and entered into as of April 23, 2008, by and between Apple REIT Nine, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).
Apple Hospitality REIT, Inc. and Apple REIT Ten, Inc. Enter Into Definitive Merger Agreement Combined Portfolio Will Include 234 Hotels in 33 States Combined Enterprise Value of Approximately $5.7 Billion Transaction Maintains Apple Hospitality’s...Definitive Merger Agreement • April 14th, 2016 • Apple Hospitality REIT, Inc. • Real estate investment trusts
RICHMOND, VA, April 14, 2016 – Apple Hospitality REIT, Inc. (NYSE: APLE, “Apple Hospitality”) and Apple REIT Ten, Inc. (“Apple Ten”), collectively the “Pro Forma Combined Company,” announced today that the boards of directors of both companies have approved a definitive merger agreement under which the companies will create one of the largest select service lodging REITs in the industry. The transaction joins two highly complementary select service hotel portfolios with a combined asset base consisting of 234 hotels with 30,017 guestrooms geographically diversified across 94 MSAs throughout 33 states. The Pro Forma Combined Company will have an enterprise value of approximately $5.7 billion and a total equity market capitalization of approximately $4.4 billion, based on the 20 Day VWAP (volume weighted average price) of Apple Hospitality’s common shares ending April 12, 2016.
GROUND LEASE AGREEMENTGround Lease Agreement • April 17th, 2009 • Apple REIT Nine, Inc. • Real estate investment trusts • Texas
THIS GROUND LEASE AGREEMENT (“Lease”) is made and entered into to be effective as of April 7, 2009 (the “Effective Date”) by and between Apple Nine Ventures Ownership, Inc., a Virginia corporation (“Landlord”) and Chesapeake Operating, Inc., an Oklahoma corporation (“Tenant”).
VOTING AGREEMENTVoting Agreement • September 11th, 2013 • Apple REIT Nine, Inc. • Real estate investment trusts • Virginia
THIS VOTING AGREEMENT (this “Agreement”), dated as of August 7, 2013, as amended, is entered into by and among Apple REIT Seven, Inc., a Virginia corporation (“Apple Seven”), Apple REIT Eight, Inc., a Virginia corporation (“Apple Eight”), and Apple REIT Nine, Inc., a Virginia corporation (“Apple Nine,” and collectively with Apple Seven and Apple Eight, the “Apple REITs” or individually, an “Apple REIT”), and Glade M. Knight (a “Company Securityholder”).
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • September 12th, 2013 • Apple REIT Nine, Inc. • Real estate investment trusts
THIS FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of September 9, 2013, is entered into by and among APPLE REIT SEVEN, INC., a Virginia corporation (“Apple Seven”), APPLE REIT EIGHT, INC., a Virginia corporation (“Apple Eight”), (“Apple Eight,” and together with Apple Seven, the “Companies,” or individually a “Company”), APPLE REIT NINE, INC., a Virginia corporation (“Apple Nine,” and together with the Companies, the “Apple REITs,” or individually an “Apple REIT”), APPLE SEVEN ACQUISITION SUB, INC., a Virginia corporation and wholly-owned subsidiary of Apple Nine (“Seven Acquisition Sub”), and APPLE EIGHT ACQUISITION SUB, INC., a Virginia corporation and wholly-owned subsidiary of Apple Nine (“Eight Acquisition Sub,” and together with Seven Acquisition Sub, the “Acquisition Subsidiaries,” or individually an “Acquisition Subsidiary”).
APPLE HOSPITALITY REIT, INC., as Issuer — and — as Trustee FORM OF INDENTURE Dated as of [ ] Subordinated Debt SecuritiesApple Hospitality REIT, Inc. • February 23rd, 2022 • Real estate investment trusts • New York
INDENTURE, dated as of [ ], 202[ ] (the “Indenture”), between Apple Hospitality REIT, Inc., a Virginia corporation (the “Company”), having its principal executive office located at 814 East Main Street, Richmond, Virginia 23219, as issuer, and [ ], as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).
FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • February 27th, 2015 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) dated as of January 15, 2015, is made by and among the Sellers signatory hereto (collectively, jointly and severally, “Seller”), and MCR DEVELOPMENT LLC, a Delaware limited liability company (“Purchaser”). Seller and Purchaser are sometimes referred to herein individually as a “Party”, and collectively as the “Parties”.
PURCHASE AGREEMENT by and between DENALI LODGING, LLC as “SELLER” and APPLE NINE SERVICES ANCHORAGE, LLC as “BUYER” Dated as of March 16, 2010Purchase Contract • April 21st, 2010 • Apple REIT Nine, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of the 16th day of March, 2010, by and between DENALI LODGING, LLC, a Colorado limited liability company (“Seller”), with its principal office c/o Stonebridge Companies, 9100 East Panorama Drive, Suite 300, Englewood, Colorado 80112, and APPLE NINE HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”).
THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • February 27th, 2015 • Apple Hospitality REIT, Inc. • Real estate investment trusts • New York
This THIRD AMENDMENT TO PURCHASE AND SALE AGREEMENT (this “Amendment”) dated as of February 17, 2015, is made by and among the Sellers signatory hereto (collectively, jointly and severally, “Seller”), and MCR DEVELOPMENT LLC, a Delaware limited liability company (“Purchaser”). Seller and Purchaser are sometimes referred to herein individually as a “Party”, and collectively as the “Parties”.
ASSIGNMENT OF CONTRACTAssignment of Contract • January 23rd, 2009 • Apple REIT Nine, Inc. • Real estate investment trusts
THIS ASSIGNMENT OF CONTRACT (the “Assignment”) is made effective as of this 14th day of November, 2008, by and between APPLE EIGHT HOSPITALITY, INC., a Virginia corporation (“Apple Eight”), APPLE NINE HOSPITALITY, INC., a Virginia corporation (“Apple Nine”).
