SUMMIT HOTEL PROPERTIES, INC. Underwriting AgreementUnderwriting Agreement • June 24th, 2016 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and Summit Hotel OP, LP, a Delaware limited partnership (the “Operating Partnership”), propose that the Company will issue and sell to the several Underwriters named in Schedule I annexed hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), 3,000,000 shares of the 6.45% Series D Preferred Stock, $0.01 par value per share, of the Company (the “Firm Shares”).
FIFTH AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP DESIGNATION OF 6.45% SERIES D CUMULATIVE REDEEMABLE PREFERRED UNITS June 24, 2016Agreement of Limited Partnership • June 24th, 2016 • 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”), as further amended by the Fourth Amendment to the Initial Partnership Agreement, dated as of March 20, 2013 (the “Fourth Amendment,” and, together with the Initial Partnership Agreement, the First Amendment, the Second Amendment and the Third Amendment, the “Partnership Agreement”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of 3,000,000 shares of 6.45% Series D Cumulative Redeemable Preferr
