FORM OF] MORTGAGE, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING between [GROUND LESSEE/FEE OWNER] AND [OPERATING LESSEE], as Mortgagor andMortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing • July 25th, 2014 • FelCor Lodging LP • Real estate investment trusts • New York
This Mortgage, Assignment of Leases and Rents, Security Agreement, and Fixture Filing (this “Security Instrument”) is made as of ______, 2014 (the “Effective Date”), by [________], a [______], and [_______________], a [_________] (together and together with their permitted successors and assigns, individually or collectively (as the context requires) referred to herein as “Mortgagor”), whose address is [_______________________], as mortgagor, for the benefit of DEUTSCHE BANK AG NEW YORK BRANCH, (“DB”) as Administrative Agent (defined below) for the benefit of the Lenders (defined below) from time to time parties to the Credit Agreement (defined below) (together with its successors and assigns, “Mortgagee”), whose address is 60 Wall Street, New York, New York 10005, as mortgagee. All capitalized terms not defined herein shall have the respective meanings set forth in the Credit Agreement (defined below).
CREDIT AGREEMENT Dated as of July 21, 2014 among FELCOR UNION SQUARE HOTEL, L.L.C. FELCOR/JPM PHOENIX HOTEL, L.L.C. FELCOR FQ HOTEL, L.L.C. FELCOR FQ LESSEE, L.L.C. FELCOR UNION SQUARE LESSEE, L.L.C. DJONT/JPM PHOENIX LEASING, L.L.C., each as a...Credit Agreement • July 25th, 2014 • FelCor Lodging LP • Real estate investment trusts • New York
This CREDIT AGREEMENT (this “Agreement”) is entered into as of July 21, 2014, among FELCOR UNION SQUARE HOTEL, L.L.C., a Delaware limited liability company (“FelCor Union Square Hotel”); FELCOR/JPM PHOENIX HOTEL, L.L.C., a Delaware limited liability company (“FelCor Phoenix Hotel”); FELCOR FQ HOTEL, L.L.C., a Delaware limited liability company (“FelCor FQ Hotel”); FELCOR FQ LESSEE, L.L.C., a Delaware limited liability company (“FelCor FQ Lessee”); FELCOR UNION SQUARE LESSEE, L.L.C., a Delaware limited liability company (“FelCor Union Square Lessee”); and DJONT/JPM PHOENIX LEASING, L.L.C., a Delaware limited liability company (“DJONT Phoenix”) (collectively, “Borrowers” and each, a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”) and DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent.
FORM OF GUARANTYGuaranty • July 25th, 2014 • FelCor Lodging LP • Real estate investment trusts • New York
GUARANTY (as amended, modified, restated and/or supplemented from time to time, this “Guaranty”), dated as of __, 2014, made by and between each of the undersigned guarantors (each, a “Guarantor” and, collectively, the “Guarantors”) in favor of Deutsche Bank AG New York Branch, as Administrative Agent (together with any successor administrative agent, the “Administrative Agent”), for the benefit of the Creditors (as defined below). Except as otherwise defined herein, all capitalized terms used herein and defined in the Credit Agreement (as defined below) shall be used herein as therein defined.
