Winston Hotels Inc Sample Contracts
EXHIBIT 10.50 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE ("Agreement"), dated as of the date of this Agreement as defined hereinafter, between WINN Limited Partnership, a North Carolina limited partnership, or its assigns, with...Purchase and Sale Agreement • August 8th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledAugust 8th, 1997 Company Industry Jurisdiction
Standard Contracts
WINSTON SPE LLC (Borrower) to CMF CAPITAL COMPANY, LLC (Lender) LOAN AGREEMENT Dated: As of November 3, 1998 DOCUMENT PREPARED BY: Cadwalader, Wickersham & Taft 100 Maiden Lane New York, New York 10038 Attention: Stephen Hauck, Esq.Loan Agreement • November 16th, 1998 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledNovember 16th, 1998 Company Industry Jurisdiction
EXHIBIT 10.1 TERMINATION AGREEMENTTermination Agreement • August 13th, 2003 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledAugust 13th, 2003 Company Industry Jurisdiction
EXHIBIT 10.3 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE (this "First Amendment to Lease"), made as of the 24th day of November, 1997, by and between WINN LIMITED PARTNERSHIP, a North Carolina limited partnership and WINSTON HOTELS, INC., a...Lease • December 11th, 1997 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledDecember 11th, 1997 Company Industry
EXHIBIT 4.1 SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIPLimited Partnership Agreement • July 24th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledJuly 24th, 1997 Company Industry Jurisdiction
PROMISSORY NOTE --------------- $71,000,000 November 3, 1998 For value received, WINSTON SPE LLC, a Virginia limited liability company ("Borrower"), promises and agrees to pay to the order of CMF CAPITAL COMPANY, LLC, a Delaware limited liability...Promissory Note • November 16th, 1998 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledNovember 16th, 1998 Company Industry
Exhibit 1.1 2,750,000 SHARES OF COMMON STOCK WINSTON HOTELS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • March 21st, 2002 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledMarch 21st, 2002 Company Industry Jurisdiction
EXHIBIT 10.49 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT OF PURCHASE AND SALE ("Agreement"), dated as of the date of this Agreement as defined hereinafter, between WINN Limited Partnership, a North Carolina limited partnership, or its assigns, with...Purchase and Sale Agreement • August 8th, 1997 • Winston Hotels Inc • Real estate investment trusts • Florida
Contract Type FiledAugust 8th, 1997 Company Industry Jurisdiction
BETWEEN WINSTON SPE II LLC AS BORROWER AND GENERAL ELECTRIC CAPITAL CORPORATION AS LENDERLoan Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
3,200,000 Shares of 8.00% Series B Cumulative Preferred Stock WINSTON HOTELS, INC. UNDERWRITING AGREEMENT January 22, 2004 BEAR, STEARNS & CO. INC. WACHOVIA CAPITAL MARKETS, LLC FRIEDMAN, BILLINGS, RAMSEY & CO., INC. RAYMOND JAMES & ASSOCIATES, INC....Underwriting Agreement • January 23rd, 2004 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledJanuary 23rd, 2004 Company Industry Jurisdiction
EXHIBIT 10.41 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into by WINSTON HOTELS, INC., a North Carolina corporation (hereinafter the "Corporation"), and JAMES P. FREY (hereinafter the "Employee"). The Corporation...Employment Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
INVESTMENT AGREEMENT INVESTMENT AGREEMENT dated as of the 17th day of November, 1997 by and among WINSTON HOTELS, INC., a North Carolina corporation (the "REIT") and Robert W. Winston, III and John B. Harris, Jr. (collectively, the "Shareholders"). W...Investment Agreement • December 11th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledDecember 11th, 1997 Company Industry Jurisdiction
EXHIBIT 10.40 CREDIT AGREEMENTCredit Agreement • March 27th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 27th, 1997 Company Industry Jurisdiction
40,000,000.00 Raleigh, North Carolina as of January 15, 1999 For value received, the undersigned, WINSTON HOTELS, INC., a North Carolina corporation (the "Company"), and WINN LIMITED PARTNERSHIP, a North Carolina limited partnership (the...Loan Agreement • March 25th, 1999 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 25th, 1999 Company Industry Jurisdiction
EXHIBIT 10.23 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into by WINSTON HOTELS, INC., a North Carolina corporation (hereinafter the "Corporation"), and JOSEPH V. GREEN (hereinafter the "Employee"). The...Employment Agreement • March 14th, 2003 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 14th, 2003 Company Industry Jurisdiction
AMENDED AND RESTATED NOTENote • March 15th, 2002 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledMarch 15th, 2002 Company IndustryThis note is one of the Bank Notes referred to in the Second Amended and Restated Syndicated Credit Agreement dated as of December 19, 2001, among the Borrower, the banks listed on the signature pages thereof and their successors and assigns, and Wachovia Bank, N.A., as Agent (as the same may be amended or modified from time to time, the "Credit Agreement"). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof. This Note amends and restates in its entirety that certain note dated January 15, 1999, executed by the Borrower and payable to the Bank.
EXHIBIT 10.6 FIRST AMENDMENT TO CREDIT AGREEMENT THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this "Amendment"), made as of the 17th day of November, 1997, among WINSTON HOTELS, INC., a North Carolina corporation (the "Company"), WINN LIMITED...Credit Agreement • December 11th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledDecember 11th, 1997 Company Industry Jurisdiction
AMENDMENT NO. 7 TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WINN LIMITED PARTNERSHIP This Amendment No. 7 (the "Amendment") to the Second Amended and Restated Agreement of Limited Partnership of WINN Limited Partnership...Second Amended and Restated Agreement of Limited Partnership • November 12th, 2003 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledNovember 12th, 2003 Company IndustryThis Amendment No. 7 (the "Amendment") to the Second Amended and Restated Agreement of Limited Partnership of WINN Limited Partnership dated July 11, 1997 (the "Partnership Agreement") is entered into as of October 10, 2003, by Winston Hotels, Inc., the general partner (the "General Partner") of WINN Limited Partnership (the "Partnership"). All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Partnership Agreement.
EXHIBIT 10.39 EMPLOYMENT AGREEMENT This Employment Agreement ("Agreement") is made and entered into by WINSTON HOTELS, INC., a North Carolina corporation (hereinafter the "Corporation"), and BRENT V. WEST (hereinafter the "Employee"). The Corporation...Employment Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
EXHIBIT 10.2 HOTEL MANAGEMENT AGREEMENT By and Between BARCLAY HOSPITALITY SERVICES INC. and ALLIANCE HOSPITALITY MANAGEMENT, LLC Dated July 1, 2003 TABLE OF CONTENTSHotel Management Agreement • August 13th, 2003 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledAugust 13th, 2003 Company Industry Jurisdiction
WINSTON SPE II LLC (Borrower) to GENERAL ELECTRIC CAPITAL CORPORATION (Lender) FORM OF MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILINGMortgage, Security Agreement and Fixture Filing • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
WITNESSETHSyndicated Credit Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENTEmployment Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledMarch 16th, 2005 Company Industry
RECITALS:Deed of Trust • March 25th, 1999 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 25th, 1999 Company Industry Jurisdiction
WINSTON SPE II LLC (Borrower) to GENERAL ELECTRIC CAPITAL CORPORATION (Lender) FORM OF DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILINGDeed of Trust, Security Agreement and Fixture Filing • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledMarch 16th, 2005 Company Industry Jurisdiction
REGISTERED PRINCIPAL AMOUNT No.: $ CUSIP No.: _________ Winston Hotels, Inc. [Designation of Senior Security] Winston Hotels, Inc., a North Carolina corporation (hereinafter called the "Corporation," which term shall include any successor corporation...Senior Security Agreement • October 2nd, 2003 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledOctober 2nd, 2003 Company Industry
AMENDMENT NO. 8 TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WINN LIMITED PARTNERSHIPAmendment to the Second Amended and Restated Agreement of Limited Partnership • March 12th, 2004 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledMarch 12th, 2004 Company Industry
AGREEMENT AND PLAN OF MERGER by and among WINSTON HOTELS, INC., WINN LIMITED PARTNERSHIP, INLAND AMERICAN REAL ESTATE TRUST, INC. and INLAND AMERICAN ACQUISITION (WINSTON), LLCMerger Agreement • April 3rd, 2007 • Winston Hotels Inc • Real estate investment trusts • Delaware
Contract Type FiledApril 3rd, 2007 Company Industry JurisdictionThis AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 2, 2007, by and among Winston Hotels, Inc., a North Carolina corporation operating so as to qualify as a real estate investment trust (the “Company”), WINN Limited Partnership, a North Carolina limited partnership whose sole general partner is the Company (the “Operating Partnership” and together with the Company the “Company Parties ”), Inland American Real Estate Trust, Inc., a Maryland corporation (the “Parent”), Inland American Acquisition (Winston), LLC, a Delaware limited liability company and a wholly-owned Subsidiary of Parent (“MergerCo” and together with Parent, the “Buyer Parties”).
WITHMaster Lease Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledMarch 16th, 2005 Company Industry
REGISTERED PRINCIPAL AMOUNT No.: $ CUSIP No.: _________ Winston Hotels, Inc. [Designation of Subordinated Security] Winston Hotels, Inc., a North Carolina corporation (hereinafter called the "Corporation," which term shall include any successor...Subordinated Security Agreement • October 2nd, 2003 • Winston Hotels Inc • Real estate investment trusts
Contract Type FiledOctober 2nd, 2003 Company Industry
ARTICLE IV PARTNERSHIP AGREEMENT MATTERSRedemption and Registration Rights Agreement • August 8th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledAugust 8th, 1997 Company Industry Jurisdiction
EXHIBIT 10.1 MASTER REPURCHASE AGREEMENTMaster Repurchase Agreement • October 12th, 2004 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledOctober 12th, 2004 Company Industry Jurisdiction
EMPLOYMENT AGREEMENTEmployment Agreement • May 10th, 2004 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMay 10th, 2004 Company Industry JurisdictionThis Employment Agreement (“Agreement”) is made and entered into by Winston Hotels, Inc., a North Carolina corporation (hereinafter the “Corporation”), and Brent V. West (hereinafter the “Employee”).
2,400,000 SHARES OF COMMON STOCK WINSTON HOTELS, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • August 25th, 2006 • Winston Hotels Inc • Real estate investment trusts • New York
Contract Type FiledAugust 25th, 2006 Company Industry JurisdictionWinston Hotels, Inc., a North Carolina corporation (the “COMPANY”), proposes to issue and sell to Friedman, Billings, Ramsey & Co., Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated and BB&T Capital Markets, a Division of Scott & Stringfellow, Inc. (the “UNDERWRITERS,” which term shall also include any underwriters substituted as provided in Section 10 hereof) an aggregate of 2,400,000 shares (the “FIRM SHARES”) of common stock, $0.01 par value per share, of the Company (“COMMON STOCK”). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 2 hereof, up to an additional 360,000 shares (the “ADDITIONAL SHARES”) of Common Stock. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “SHARES.” Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Registration Statement (as defined below).
Prepared by and Return to: North Carolina William C. Matthews, Jr. -------------- Womble Carlyle Sandridge & Rice, PLLC Wake County Post Office Box 831 Moore County Raleigh, North Carolina 27602 Onslow County Watauga County New Hanover County Durham...Extension Agreement; Second Modification Agreement • March 15th, 2002 • Winston Hotels Inc • Real estate investment trusts • North Carolina
Contract Type FiledMarch 15th, 2002 Company Industry Jurisdiction