0000929545-19-000040 Sample Contracts

UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE
Unconditional Guaranty of Payment and Performance • August 13th, 2019 • Condor Hospitality Trust, Inc. • Real estate investment trusts • New York

THIS UNCONDITIONAL GUARANTY OF PAYMENT AND PERFORMANCE is made as of the 9th day of August, 2019. FOR AND IN CONSIDERATION OF the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration paid or delivered to the undersigned CONDOR HOSPITALITY REIT TRUST, a Maryland real estate investment trust (“General Partner”), CONDOR HOSPITALITY TRUST, INC., a Maryland corporation ("REIT"; REIT and General Partner are hereinafter referred to individually as a “Guarantor” and collectively as “Guarantors”), the receipt and sufficiency whereof are hereby acknowledged by Guarantors, and for the purpose of seeking to induce KEYBANK NATIONAL ASSOCIATION, a national banking association (hereinafter referred to as “Lender”, which term shall also include each other Lender which may now be or hereafter become a party to the “Loan Agreement” (as hereinafter defined), and shall also include any such individual Lender acting as agent for all of the Lenders), to extend credit or otherwise

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TERM LOAN AGREEMENT
Term Loan Agreement • August 13th, 2019 • Condor Hospitality Trust, Inc. • Real estate investment trusts

Reference is made to that certain Term Loan Agreement dated as of August 9, 2019 (as the same may hereafter be amended, the “Credit Agreement”) by and among Condor Hospitality Limited Partnership, a Virginia limited partnership (“Operating Partnership”), Spring Street Hotel Property LLC, a Delaware limited liability company (“Fee Owner”), Spring Street Hotel Opco LLC, a Delaware limited liability company (“Operating Lessee”; Operating Partnership, Fee Owner and Operating Lessee are hereinafter collectively referred to as the “Borrower”), KeyBank National Association for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Credit Agreement and not otherwise defined herein are used herein as defined in the Credit Agreement.

FIFTH AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • August 13th, 2019 • Condor Hospitality Trust, Inc. • Real estate investment trusts

THIS FIFTH AMENDMENT TO CREDIT AGREEMENT (this “Amendment”), dated as of August 9, 2019, effective as of August 9, 2019, by and among CONDOR HOSPITALITY LIMITED PARTNERSHIP, a Virginia limited partnership (“Borrower”), the undersigned parties to this Amendment executing as “Guarantors” (hereinafter referred to individually as “Guarantor” and collectively as “Guarantors”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), THE HUNTINGTON NATIONAL BANK (“Huntington”), BMO HARRIS BANK N.A. (“BMO”; KeyBank, Huntington and BMO collectively, the “Lenders”), and KeyBank as Agent for itself and the other Lenders from time to time a party to the Credit Agreement (as hereinafter defined) (KeyBank, in its capacity as Agent, is hereinafter referred to as “Agent”).

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