BETWEEN THE BORROWER OR BORROWERS LISTED ON SCHEDULE 1 HERETO AS BORROWERS AND MERRILL LYNCH MORTGAGE LENDING, INC. AS LENDERLoan and Security Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
WITNESSETH I.Lease Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • Georgia
EXHIBIT 10.12 EMPLOYMENT AGREEMENT I, W. Thomas Parrington, and Lodgian, Inc. (Company) agree to the terms and conditions of employment set forth in this Employment Agreement (Agreement). 1. TERM OF EMPLOYMENT. My employment under this Agreement shall...Employment Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • Georgia
WITNESSETH:Security Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
RECITALS:Lease Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels
RECITALS:Guaranty of Recourse Obligations • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
EXHIBIT 10.4.6 FIRST AMENDMENT TO LOAN DOCUMENTS Dated as of November, 11, 2003Loan Documents • March 9th, 2004 • Lodgian Inc • Hotels & motels
LODGIAN, INC. ANDWarrant Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • Delaware
EXHIBIT 10.3.2 MEZZANINE NOTEMezzanine Note • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
FOR VALUE RECEIVED, the undersigned, each having an address c/o Lodgian, Inc., 3445 Peachtree Road, NE, Suite 700, Atlanta, Georgia 30326 (each, a "MEZZANINE BORROWER" and collectively, "MEZZANINE BORROWERS"), jointly and severally, promise to pay to the order of MERRILL LYNCH MORTGAGE LENDING, INC., a Delaware corporation (together with its successors and assigns, "MEZZANINE LENDER"), at 4 World Financial Center, New York, New York 10080, or such other place as Mezzanine Lender may designate in writing, the principal sum of SEVENTY-EIGHT MILLION SIX HUNDRED SEVENTY-ONE THOUSAND TWO HUNDRED ONE AND 00/100 DOLLARS ($78,671,201.00), with interest on the unpaid principal balance from the date of this Mezzanine Note, until paid, at the Interest Rate in effect from time to time hereunder. This Mezzanine Note may be referred to herein as the "MEZZANINE NOTE," and the loan evidenced hereby may be referred to herein as the "MEZZANINE LOAN." Capitalized terms used but not otherwise defined here
EXHIBIT 10.3.4 MODIFICATION OF LOAN AGREEMENT AND OTHER LOAN DOCUMENTSModification of Loan Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
EXHIBIT 10.4.4 PRINCIPAL'S AGREEMENT This PRINCIPAL'S AGREEMENT dated as of May 22, 2003 by LODGIAN, INC., a Delaware corporation with an address at 3445 Peachtree Road, N.E., Suite 700, Atlanta, Georgia 30326 ("Principal"), to and for the benefit of...Principal's Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
