INDEMNIFICATION AGREEMENTIndemnification Agreement • March 31st, 2017 • Hospitality Investors Trust, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the [*] day of [*], 2017, by and between Hospitality Investors Trust, Inc., a Maryland corporation (the “Company”), and [*] (“Indemnitee”).
AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P. Dated as of January 7, 2014Limited Partnership Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of January 7, 2014, is entered into among AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL HOSPITALITY ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC. UP TO 101,052,631 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT January 7, 2014Exclusive Dealer Manager Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
American Realty Capital Hospitality Trust, Inc. (the “Company”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2014, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 80,000,000 shares (the “Primary Shares”) of its common stock, $0.01 par value per share (“Common Stock”), in the primary offering (the “Primary Offering”), and (b) up to 21,052,631 shares of its Common Stock (the “DRP Shares” and, together with the Primary Shares, the “Shares”), for issuance through the Company’s distribution reinvestment plan (the “DRP” and together with the Primary Offering, the “Offering”) (subject to the right of the Company to reallocate such Shares between the Primary Shares and the DRP Shares), all upon the other terms and subject to the conditions set forth in the Prospectus (as defined in Sectio
FORM OF ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HOSPITALITY ADVISORS, LLC Dated as of , 2013Advisory Agreement • December 9th, 2013 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of , 2013, is entered into among American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Hospitality Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Hospitality Advisors, LLC, a Delaware limited liability company.
AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC. FORM OF SOLICITING DEALER AGREEMENTSoliciting Dealer Agreement • November 14th, 2013 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
Realty Capital Securities, LLC (the “Dealer Manager”) entered into an exclusive dealer manager agreement, dated as of , 2013 (the “Dealer Manager Agreement”), with American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Company”) and American Realty Capital Hospitality Advisors, LLC, pursuant to which the Dealer Manager agreed to use its reasonable best efforts to solicit subscriptions in connection with the public offering (the “Offering”) of (i) up to 80,000,000 shares of the Company's common stock, $0.01 par value per share (“Common Stock”) offered to the public in the primary offering (the “Primary Shares”), and (ii) up to 21,052,631 in shares of Common Stock offered pursuant to the Company's distribution reinvestment plan (the “DRP Shares” and, together with the Primary Shares, the “Shares”) commencing on the Effective Date (as defined below). Notwithstanding the foregoing, the Company has reserved the right to reallocate the Shares between Primary Shares and
FORM OF SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • December 16th, 2013 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of , 2013 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Hospitality Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HOSPITALITY ADVISORS, LLC Dated as of January 7, 2014Advisory Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT (this “Agreement”) dated as of January 7, 2014, is entered into among American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Company”), American Realty Capital Hospitality Operating Partnership, L.P., a Delaware limited partnership (the “Operating Partnership”), and American Realty Capital Hospitality Advisors, LLC, a Delaware limited liability company.
FORM OF RESTRICTED SHARE AWARD AGREEMENT PURSUANT TO THE EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC.Restricted Share Award Agreement • December 9th, 2013 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Maryland
THIS RESTRICTED SHARE AWARD AGREEMENT (this “Agreement”), made as __________, 201___, is by and between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Company”), and ___________ (the “Participant”).
FORM OF RESTRICTED STOCK AWARD AGREEMENT PURSUANT TO THE EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC.Restricted Stock Award Agreement • August 12th, 2016 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Maryland
THIS AGREEMENT (this “Agreement”) is made as of [ ] (the “Grant Date”), by and between American Realty Capital Hospitality Trust, Inc., a Maryland corporation with its principal office at 405 Park Avenue, New York, New York 10022 (the “Company”), and [ ] (the “Participant”).
MANAGEMENT AGREEMENTManagement Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This Management Agreement (“Agreement”) is made effective as of the 27th day of January, 2014 (“Effective Date”) by and between ARC HOSPITALITY TRS STATFORD, LLC, a Delaware limited liability company, with an address at 405 Park Avenue, New York, New York 10022 (“TRS”), and AMERICAN REALTY CAPITAL HOSPITALITY PROPERTIES, LLC, a Delaware limited liability company, with an address at 405 Park Avenue, New York, New York 10022 (“Management Company”).
SUB-MANAGEMENT AGREEMENTSub-Management Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This SUB-MANAGEMENT AGREEMENT (“Agreement”) is made effective as of the 27th day of January, 2014 (“Effective Date”) by and between AMERICAN REALTY CAPITAL HOSPITALITY PROPERTIES, LLC, a Delaware limited liability company, with an address at 405 Park Avenue, New York, New York 10022 (“Manager”), and CRESTLINE HOTELS & RESORTS, LLC, a Delaware limited liability company, with its principal place of business at 3950 University Drive, Suite 301, Fairfax, Virginia 22030 (“Sub-Manager”).
AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS AMENDED AND RESTATED SUBSCRIPTION ESCROW AGREEMENT dated as of January 29, 2014 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Hospitality Trust, Inc. (the “Company”) and UMB Bank, N.A., as escrow agent (the “Escrow Agent”).
LEASE AGREEMENT DATED AS OF MARCH 13, 2014 BETWEEN ARC Hospitality GA Tech, LLC, A Delaware limited liability company AS LESSOR AND ARC Hospitality TRS GA Tech, LLC, A Delaware limited liability company AS LESSEE LEASE AGREEMENTLease Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
EMPLOYMENT AGREEMENTEmployment Agreement • May 9th, 2019 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of May 8, 2019 (the “Effective Date”), by and between Hospitality Investors Trust, Inc., a Maryland corporation (the “Company”), and Bruce A. Riggins (“Executive”).
COURTYARD BY MARRIOTT HOTEL RELICENSING FRANCHISE AGREEMENT BETWEEN MARRIOTT INTERNATIONAL, INC. AND ARC HOSPITALITY TRS PROVIDENCE, LLC Location: 32 Exchange Terrace at Memorial Blvd, Providence, RI 02903 Dated as of: March 21, 2014Franchise Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Maryland
This Courtyard by Marriott Hotel Relicensing Franchise Agreement is effective as of the 21st day of March, 2014 (“Effective Date”) by Marriott International, Inc., a Delaware corporation, and ARC Hospitality TRS Providence, LLC, a Delaware limited liability company (“Franchisee”).
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • May 6th, 2019 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of May 1, 2019, by HOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“OP Guarantor”), and hOSPITALITY INVESTORS TRUST, INC., a Maryland corporation (“Parent Guarantor”), each having an office at c/o Hospitality Investors Trust, Inc., 3950 University Drive, Fairfax, Virginia 22030 (each of the foregoing, a “Guarantor”, and collectively, “Guarantors”), for the benefit of MORGAN STANLEY BANK, N.A., a national banking association, having an address at 1585 Broadway, 25th Floor, New York, New York 10036 (together with its successors and/or assigns, “MS”), CITI REAL ESTATE FUNDING INC., a New York corporation, having an address at 388 Greenwich Street, 6th Floor, New York, New York 10013 (together with its successors and/or assigns, “Citi”), DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank authorized by the New York Department of Financial Services, havi
FORM OF RESTRICTED SHARE UNIT AWARD AGREEMENT PURSUANT TO THE AMENDED AND RESTATED EMPLOYEE AND DIRECTOR INCENTIVE RESTRICTED SHARE PLAN OF HOSPITALITY INVESTORS TRUST, INC.Restricted Share Unit Award Agreement • November 8th, 2018 • Hospitality Investors Trust, Inc. • Real estate investment trusts • Maryland
THIS AGREEMENT (this “Agreement”) is made as of [________] (the “Grant Date”), by and between Hospitality Investors Trust, Inc., a Maryland corporation with its principal office at 3950 University Drive, Fairfax, Virginia 22030 (the “Company”), and [___________] (the “Participant”).
SECOND AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF ARC HOSPITALITY PORTFOLIO II HOLDCO, LLCLimited Liability Company Agreement • March 31st, 2017 • Hospitality Investors Trust, Inc. • Real estate investment trusts • Delaware
THIS SECOND AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT (this “Amendment”) of ARC HOSPITALITY PORTFOLIO II HOLDCO, LLC, a Delaware limited liability company (the “Company”), is entered into as of March 31, 2017.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • October 25th, 2017 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of August 10, 2017, by and between Hospitality Investors Trust, Inc., a Maryland corporation (the “Company”), and Jonathan P. Mehlman (“Executive”).
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 31st, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of February 27, 2015, by AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, having an office at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022, AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation, having an office at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022, Nicholas S. Schorsch, an individual, William M. Kahane, an individual, Edward M. Weil, Jr., an individual, and Peter M. Budko, an individual (each of the foregoing, an “Indemnitor”, and together with their respective permitted successors and assigns, collectively, “Indemnitors”), in favor of W2007 EQUITY INNS SENIOR MEZZ, LLC, a Delaware limited liability company, having an office at c/o Goldman Sachs Realty Management, L.P., 6011 Connection Drive, Irving, Texas 75039 (together with its successors and/or assigns, “Indemnitee”) and the other Indem
MEZZANINE A ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • May 6th, 2019 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
THIS MEZZANINE A ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of May 1, 2019, by HIT PORTFOLIO I MEZZ, LP, a Delaware limited partnership (together with its permitted successors and assigns, “Borrower”), having its principal place of business at c/o Hospitality Investors Trust, Inc., 3950 University Drive, Fairfax, Virginia 22030, HOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, and hOSPITALITY INVESTORS TRUST, INC., a Maryland corporation, each having an office at c/o Hospitality Investors Trust, Inc., 3950 University Drive, Fairfax, Virginia 22030 (each, a “Non-Borrower Indemnitor”, and together with their respective permitted successors and assigns, collectively, “Non-Borrower Indemnitors”; and together with Borrower, “Indemnitors”, and each, an “Indemnitor”), in favor of MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, a New York limited liability company, having an address at 1585 Broadway, 25th Floor, New York, New York 1003
LOAN AGREEMENT Dated as of May 1, 2019 Among THE ENTITIES LISTED ON SCHEDULE I-A collectively, as Borrower and THE ENTITIES LISTED ON SCHEDULE I-B, collectively, as Operating Lessee and MORGAN STANLEY BANK, N.A., CITI REAL ESTATE FUNDING INC.,...Loan Agreement • May 6th, 2019 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of May 1, 2019 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among MORGAN STANLEY BANK, N.A., a national banking association having an office at 1585 Broadway, New York, New York 10036 (together with its successors and/or assigns, “MS”), CITI REAL ESTATE FUNDING INC., a New York corporation, have an address at 388 Greenwich Street, New York, New York 10013 (together with its successors and/or assigns, “Citi”), DEUTSCHE BANK AG, NEW YORK BRANCH, a branch of Deutsche Bank AG, a German Bank authorized by the New York Department of Financial Services, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, “DBNY”), GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership, have an address at 200 West Street, New York, New York 10282 (together with its successors and/or assigns, “GS”), and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a
SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • February 19th, 2020 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is made and entered into as of February 12, 2020, by and between Hospitality Investors Trust, Inc., a Maryland corporation (the “Company”), and Bruce A. Riggins (“Executive”).
MEZZANINE A LOAN AGREEMENT Dated as of May 1, 2019 Among HIT Portfolio I Mezz, lP, as Borrower, HIT PORTFOLIO I TRS HOLDCO, LLC and HIT 2PK TRS MEZZ, LLC, collectively, as Leasehold Pledgor, and MORGAN STANLEY MORTGAGE CAPITAL HOLDINGS LLC, CITIGROUP...Mezzanine Loan Agreement • May 6th, 2019 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
ENVIRONMENTAL INDEMNITY AGREEMENTEnvironmental Indemnity Agreement • March 28th, 2016 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS ENVIRONMENTAL INDEMNITY AGREEMENT (this “Agreement”) is made as of February 27, 2015, by ARC HOSPITALITY PORTFOLIO I OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I BHGL OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I PXGL OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I GBGL OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I NFGL OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I MBGL 1000 OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I MBGL 950 OWNER, LLC, a Delaware limited liability company, ARC HOSPITALITY PORTFOLIO I NTC OWNER, LP, a Delaware limited partnership, ARC HOSPITALITY PORTFOLIO I DLGL OWNER, LP, a Delaware limited partnership, and ARC HOSPITALITY PORTFOLIO I SAGL OWNER, LP, a Delaware limited partnership, each having an office at c/o American Realty Capital, 405 Park Avenue, New York, New York
REAL ESTATE PURCHASE AND SALE AGREEMENT by and among THE SELLERS LISTED ON SCHEDULE 1 ATTACHED HERETO, SUMMIT HOTEL OP, LP and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC Dated as of June 2, 2015Real Estate Purchase and Sale Agreement • July 17th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of the 2nd day of June, 2015 (the “Effective Date”), by and among the sellers listed on Schedule 1 attached hereto (each, a “Seller” and collectively, “Sellers”), Summit Hotel OP, LP, a Delaware limited partnership (“Summit”), and American Realty Capital Hospitality Portfolio SMT, LLC, a Delaware limited liability company (“Purchaser”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • January 13th, 2017 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This FIRST AMENDMENT TO LOAN AGREEMENT, dated as of January 12, 2017 (this “Amendment”) is made between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Borrower”) and Summit Hotel OP, LP (the “Lender”).
BAD BOY GUARANTYBad Boy Guaranty • March 31st, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This BAD BOY GUARANTY (this “Guaranty”) is executed as of February 27, 2015, by American Realty Capital Hospitality Operating Partnership, L.P., a Delaware limited partnership, AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation, having an office at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022, Nicholas S. Schorsch, an individual, William M. Kahane, an individual, Edward M. Weil, Jr., an individual, and Peter M. Budko, an individual (each of the foregoing, a “Guarantor”, and collectively, “Guarantors”), for the benefit of W2007 EQUITY INNS PARTNERSHIP, L.P., a Tennessee limited partnership, and W2007 EQUITY INNS TRUST, a Maryland trust, each having an office at c/o Goldman Sachs Realty Management, L.P., 6011 Connection Drive, Irving, Texas 75039 (collectively, and together with their respective successors and/or assigns, the “Class A Member”).
MANAGEMENT AGREEMENTManagement Agreement • March 28th, 2016 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This Management Agreement (“Agreement”) is made, effective as of [_____] [_], [____] (the “Effective Date”), by and between [________], a [Delaware limited liability company] whose principal place of business is 405 Park Avenue, New York, NY 10022 and ARC HOSPITALITY PORTFOLIO I NTC HIL TRS, LP, a Delaware limited partnership whose principal place of business is 405 Park Avenue, New York, NY 10022 (collectively hereinafter referred to as “Owner”); and AMERICAN REALTY CAPITAL HOSPITALITY GRACE PORTFOLIO, LLC, a Delaware limited liability company, whose principal place of business is 405 Park Avenue, New York, NY 10022 (hereinafter referred to as “Manager”).
AGREEMENT OF PURCHASE AND SALE BY AND BETWEEN barcelÓ CRESTLINE CORPORATION aS “sELLER,” AND ARC HOSPITALITY TRS HOLDING, LLC A DELAWARE LIMITED LIABILITY COMPANY, As “PuRCHASER” January 30, 2014Purchase and Sale Agreement • April 7th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS AGREEMENT OF PURCHASE AND SALE (this “Agreement”) is made as of January 30, 2014 (“Contract Date”), between (i) ARC Hospitality TRS Holding, LLC, a Delaware limited liability company (“Purchaser”), and Barceló Crestline Corporation, a Maryland corporation (“Seller”).
LOAN AGREEMENTLoan Agreement • January 13th, 2017 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This LOAN AGREEMENT, dated as of January 12, 2017 (as amended, supplemented or otherwise modified, this “Agreement”) is made between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Borrower”) and Summit Hotel OP, LP (the “Lender”).
SECOND AMENDED AND RESTATED TERM LOAN AGREEMENTTerm Loan Agreement • May 3rd, 2017 • Hospitality Investors Trust, Inc. • Real estate investment trusts • New York
SECOND AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of April 27, 2017 (this “Agreement”) among the borrowers party hereto (together with any Additional Borrowers (as hereinafter defined) acceding hereto pursuant to Section 3.02, collectively, the “Borrowers”), HOSPITALITY INVESTORS TRUST, INC., a Maryland corporation (the “Parent Guarantor”), HOSPITALITY INVESTORS TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “Operating Partnership”, and, together with the Parent Guarantor, the “Guarantors”), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the “Initial Lenders”), and CITIBANK, N.A. (“Citibank”), as administrative agent (together with any successor administrative agent appointed pursuant to Article VIII, the “Administrative Agent”) for Lenders (as hereinafter defined), Citibank, as collateral agent (together with any successor collateral agent appointed pursuant to Article IX, th
MANDATORY REDEMPTION GUARANTYMandatory Redemption Guaranty • March 31st, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This MANDATORY REDEMPTION GUARANTY (this “Guaranty”) is executed as of February 27, 2015, by AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership, AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation, having an office at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022, Nicholas S. Schorsch, an individual, William M. Kahane, an individual, Edward M. Weil, Jr., an individual, and Peter M. Budko, an individual (each of the foregoing, a “Guarantor”, and collectively, “Guarantors”), for the benefit of W2007 EQUITY INNS PARTNERSHIP, L.P., a Tennessee limited partnership, and W2007 EQUITY INNS TRUST, a Maryland trust, each having an office at c/o Goldman Sachs Realty Management, L.P., 6011 Connection Drive, Irving, Texas 75039 (collectively, and together with their respective successors and/or assigns, the “Class A Member”).
FIRST AMENDMENT TO LOAN AGREEMENT, NOTE SPLITTER AND LOAN MODIFICATION AGREEMENTLoan Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO LOAN AGREEMENT, NOTE SPLITTER AND LOAN MODIFICATION AGREEMENT (this “Agreement”), dated as of October 28, 2015, made by and between the Borrowers listed on Schedule I, each having an address at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022 (together with each of their permitted successor and assigns, collectively, “Borrowers” and each a “Borrower”), LADDER CAPITAL FINANCE III LLC - SERIES 97 – TRS – EQUITY INNS PORTFOLIO, a segregated series of Ladder Capital Finance III LLC, a Delaware limited liability company, having an address at 345 Park Avenue, 8th Floor, New York, New York 10154 (“Ladder”), and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, New York, New York 10005 (“GACC”; together with Ladder and each of their respective successors and assigns, individually or collectively as the context may require, “Lender”).
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT ALT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Real Estate Purchase and Sale Agreement • January 13th, 2017 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated as of June 2, 2015, by and among the sellers listed on Schedule 1 attached thereto (each a “Seller” and collectively the “Sellers”), Summit Hotel OP, LP (“Summit”) and American Realty Capital Hospitality Portfolio SMT, LLC (the “Original Purchaser”), as amended pursuant to that certain letter agreement dated as of July 15, 2015 (the “July 15 Letter Agreement”), that certain letter agreement dated as of August 21, 2015 (the “August 21 Letter Agreement”), that certain letter agreement dated as of October 20, 2015 (the “October 20 Letter Agreement”), that certain extension notice dated as of October 26, 2015 (the “Extension Notice”), that certain reinstatement agreement dated as of February 11, 2016 (the “Reinstatement Agreement”), that certain letter agreement dated as of December 30, 2016 (the “December 30 Letter Agreement”) and that certain letter agreement dated as of January 10, 2017 (the “January 10 Let
