0001144204-10-018563 Sample Contracts

AMENDED AND RESTATED FORBEARANCE AGREEMENT
Forbearance Agreement • April 6th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York

This AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of April 2, 2010 (the “Effective Date”), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, “Fortress”) and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively “Eton Park” and together with Fortress, collectively “Lender”), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower (“Borrower”), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. (“Guarantor” together with Borrower and each SHP Subsidiary, collectively, the “Borrower Parties” and each a “Borrower Party”).

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