SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENTForbearance Agreement • April 21st, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York
This SECOND AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of April 19, 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”).
