FORM OF GUARANTEE AGREEMENT between HOSPITALITY PROPERTIES TRUST andGuarantee Agreement • August 28th, 2009 • HPT Capital Trust I • Real estate investment trusts • New York
This GUARANTEE AGREEMENT, dated as of , 20 , is executed and delivered by HOSPITALITY PROPERTIES TRUST, a Maryland real estate investment trust (the “Guarantor”) and , as trustee (the “Guarantee Trustee”), for the benefit of the Holders (as defined herein) from time to time of the Preferred Securities (as defined herein) of HPT Capital Trust [ ], a Maryland statutory business trust (the “Issuer”).
FORM OF AMENDED AND RESTATED TRUST AGREEMENT AMONG HPT CAPITAL TRUST HOLDINGS AS SPONSOR, AS PROPERTY TRUSTEE, AND THE REGULAR TRUSTEES NAMED HEREIN RELATING TO HPT CAPITAL TRUST [ ] DATED AS OF [ , ]Trust Agreement • August 28th, 2009 • HPT Capital Trust I • Real estate investment trusts • Maryland
AMENDED AND RESTATED TRUST AGREEMENT, dated as of [ ] among (i) HPT Capital Trust Holdings, a Maryland business trust (including any successors or assigns, the “Sponsor”), (ii) [ ], a [ ], as property trustee (in such capacity, the “Property Trustee” and, in its personal capacity and not in its capacity as Property Trustee, the “Bank”), (iii) [[ ], an individual, and [ ], an individual], each of whose address is c/o Hospitality Properties Trust, 400 Centre Street, Newton, Massachusetts 02458 (each, a “Regular Trustee” and, collectively, the “Regular Trustees” and collectively with the Property Trustee, the “Trustees”) and (iv) the several Holders as hereinafter defined.
