0000950123-09-068885 Sample Contracts

DIAMONDROCK HOSPITALITY COMPANY $75,000,000 OF COMMON STOCK CONTROLLED EQUITY OFFERINGSM SALES AGREEMENT
Sales Agreement • December 7th, 2009 • DiamondRock Hospitality Co • Real estate investment trusts • New York

DIAMONDROCK HOSPITALITY COMPANY, a Maryland corporation (the “Company”), DIAMONDROCK HOSPITALITY LIMITED PARTNERSHIP, a Delaware limited partnership (the “Partnership”) and Cantor Fitzgerald & Co. (“CF&Co”), were each a party to that certain Sales Agreement dated July 27, 2009 (the “July 2009 Agreement”) providing for the issuance and sale of shares (the “Original Placement Shares”) of the Company’s common stock, par value $0.01 per share (the “Common Stock”). The July 2009 Agreement was terminated prior to the date hereof pursuant to Section 11(d) of the July 2009 Agreement upon the issuance and sale of all of the Original Placement Shares through CF&Co.

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