FORM OF FOURTH AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP DESIGNATION OF 7.125% SERIES C CUMULATIVE REDEEMABLE PREFERRED UNITS March [ ], 2013Fourth Amendment to the First Amended and Restated Agreement of Limited Partnership • March 19th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts
Pursuant to Article XI of the First Amended and Restated Agreement of Limited Partnership of Summit Hotel OP, LP (the “Initial Partnership Agreement”), as amended by the First Amendment to the Initial Partnership Agreement, dated as of October 26, 2011 (the “First Amendment”), as further amended by the Second Amendment to the Initial Partnership Agreement, dated as of April 11, 2012 (the “Second Amendment”), as further amended by the Third Amendment to the Initial Partnership Agreement, dated as of December 7, 2012 (the “Third Amendment” and, together with the Initial Partnership Agreement, the First Amendment and the Second Amendment, the “Partnership Agreement”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of 3,000,000 shares (3,400,000 shares in the event the underwriters exercise in full their over-allotment option to purchase an additional 400,0000 shares) of 7.125% Series C Cumulative Redeemable Preferred Stock, $0.01 par
