BRAEMAR HOTELS & RESORTS INC. as Issuer AND as Trustee INDENTURE Dated as of May 18, 2021Indenture • May 18th, 2021 • Braemar Hotels & Resorts Inc. • Real estate investment trusts • New York
AMENDMENT NO. 6 TO THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF BRAEMAR HOSPITALITY LIMITED PARTNERSHIP May 18, 2021Agreement of Limited Partnership • May 18th, 2021 • Braemar Hotels & Resorts Inc. • Real estate investment trusts • Delaware
This Amendment No. 6 to the Third Amended and Restated Agreement of Limited Partnership of Braemar Hospitality Limited Partnership (this “Amendment”) is made as of May 18, 2021, by Braemar OP General Partner LLC, a Delaware limited liability company, as general partner (the “General Partner”) of Braemar Hospitality Limited Partnership, a Delaware limited partnership (the “Partnership”), pursuant to the authority granted in Section 11.1 of the Third Amended and Restated Agreement of Limited Partnership of Braemar Hospitality Limited Partnership, dated March 7, 2017, as amended by Amendment No. 1 thereto dated as of April 23, 2018, Amendment No. 2 thereto dated as of November 20, 2018, Amendment No. 3 thereto dated as of December 3, 2019, Amendment No. 4 thereto dated as of January 24, 2020, and Amendment No. 5 thereto dated as of April 2, 2021 (the “Partnership Agreement”), for the purposes of documenting the issuance of convertible debt and providing for the potential conversion of su
BRAEMAR HOTELS & RESORTS INC.Purchase Agreement • May 18th, 2021 • Braemar Hotels & Resorts Inc. • Real estate investment trusts • New York
Braemar Hotels & Resorts Inc., a Maryland corporation (the “Company”), Braemar Hospitality Limited Partnership, a Delaware limited partnership and the Company’s operating partnership (the “Operating Partnership”), and Ashford Hospitality Advisors LLC, a Delaware limited liability company (the “Advisor”), confirm their respective agreements (this “Agreement”) with UBS Securities LLC (“UBS” or the “Initial Purchaser”), with respect to (i) the sale by the Company and the purchase by the Initial Purchaser, of $75,000,000 aggregate principal amount of the Company’s 4.50% Convertible Senior Notes Due 2026 (the “Firm Securities”) to be issued pursuant to the provisions of an Indenture to be dated as of the Closing Time (as defined below) (the “Indenture”) among the Company, the Operating Partnership and U.S. Bank National Association, as trustee (the “Trustee”), and (ii) the grant by the Company to the Initial Purchaser of the option to purchase up to an additional $11,250,000 aggregate princ
