EMPLOYMENT AGREEMENTEmployment Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS EMPLOYMENT AGREEMENT, effective as of _______ ___, 2010, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and RYAN A. BERTUCCI (the “Executive”), recites and provides as follows:
SEVERANCE AGREEMENTSeverance Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS SEVERANCE AGREEMENT, effective as of , 2010, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and JoLynn M. Sorum (the “Executive”), recites and provides as follows:
FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP (a Delaware limited partnership)Limited Partnership Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Delaware
Summit Hotel OP, LP (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware effective as of June 30, 2010 and an Agreement of Limited Partnership entered into as of June 28, 2010, by and between Summit Hotel Properties, Inc., a Maryland corporation (the “General Partner”), and Summit Hotel Properties, Inc. (the “Original Limited Partner”). This First Amended and Restated Agreement of Limited Partnership is entered into this day of , 2010 among the General Partner and the Limited Partners set forth on Exhibit A hereto, for the purpose of amending and restating the Agreement of Limited Partnership.
CONTRIBUTION AGREEMENT BY AND BETWEEN GARY THARALDSON as the Contributor, AND SUMMIT HOTEL OP, LP, a Delaware limited partnership, as the AcquirerContribution Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made as of the ___ day of _____________, 2010 by and between GARY THARALDSON, individually (the “Contributor”); and SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Acquirer”).
FIRST MODIFICATION OF LOAN AGREEMENTLoan Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts
THIS FIRST MODIFICATION OF LOAN AGREEMENT is made and entered into on April 24, 2007 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (“Borrower”), and ING LIFE INSURANCE AND ANNUITY COMPANY, a Connecticut corporation (“Lender”).
MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT THIS MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT is made and entered into on November 28, 2007 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company...Modification of Promissory Note and Loan Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts
WHEREAS, Lender made a loan (the “Loan”) to Borrower evidenced by that certain Promissory Note dated June 15, 2006 made by Borrower to the order of Lender in the original principal amount of $36,600,800.00 (the “Note”); and
LOAN AGREEMENT BY AND BETWEEN SUMMIT HOTEL PROPERTIES, LLC A SOUTH DAKOTA LIMITED LIABILITY COMPANY AND ING LIFE INSURANCE AND ANNUITY COMPANY, A CONNECTICUT CORPORATION, DATED AS OF DECEMBER 23, 2005Loan Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Tennessee
THIS AGREEMENT is made and entered into as of December ___, 2005 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company, (“BORROWER”), and ING LIFE INSURANCE AND ANNUITY COMPANY, a Connecticut corporation (“LENDER”).
SUMMIT HOTEL PROPERTIES, INC. Stock Option AgreementStock Option Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS AGREEMENT dated as of the __ day of _______, 2010, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”) and _____________ (the “Participant”), is made pursuant to and subject to the provisions of the Summit Hotel Properties, Inc. 2010 Equity Incentive Plan (the “Plan”), a copy of which has been made available to the Participant. All terms used herein that are defined in the Plan have the same meaning given them in the Plan.
AGREEMENT AND PLAN OF MERGER SUMMIT HOTEL PROPERTIES, LLC SUMMIT HOTEL OP, LPMerger Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Delaware
AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 5, 2010 by and between Summit Hotel Properties, LLC, a South Dakota limited liability company (the “LLC”), and Summit Hotel OP, LP, a Delaware limited partnership (the “OP”).
CONTRIBUTION AGREEMENT BY AND BETWEEN THE SUMMIT GROUP, INC., a South Dakota corporation, as the Contributor, AND SUMMIT HOTEL OP, LP, a Delaware limited partnership, as the AcquirerContribution Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made as of the day of , 2010 by and between THE SUMMIT GROUP, INC., a South Dakota corporation (the “Contributor”); and SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Acquirer”).
