0001157523-13-002381 Sample Contracts

SUMMIT HOTEL PROPERTIES, INC. Stock Award Agreement (Performance-Based Shares)
Stock Award Agreement • May 6th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota

This Stock Award Agreement (this “Agreement”), dated the __ day of ___, 2013 and made effective as of March 1, 2013, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and _______ (the “Participant”), is made pursuant to the terms of the Summit Hotel Properties, Inc. 2011 Equity Incentive Plan (the “Plan”). All terms that are defined in the Plan and used herein shall have the same meaning given them in the Plan and the terms Change in Control,” “Control Change Date,” “Disability,” “Termination Without Cause” and “Voluntary Termination for Good Reason” shall have the meaning given them in the Employment Agreement between the Company and the Participant effective as of February 14, 2011. In addition, certain capitalized terms used in this Agreement have the meanings specified in Section 13 of this Agreement.

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SUMMIT HOTEL PROPERTIES, INC. Stock Award Agreement (Service-Based Shares)
Stock Award Agreement • May 6th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota

This Stock Award Agreement (this “Agreement”), dated the __ day of ___, 20__ and made effective as of March 1, 2013, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and _______ (the “Participant”), is made pursuant to the terms of the Summit Hotel Properties, Inc. 2011 Equity Incentive Plan (the “Plan”). All terms that are defined in the Plan and used herein shall have the same meaning given them in the Plan and the terms “Termination Without Cause,” “Voluntary Termination for Good Reason” and “Disability” shall have the meaning given them in the Employment Agreement between the Company and the Participant effective as of February 14, 2011.

AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP a Delaware limited partnership dated as of February 14, 2011
Summit Hotel Properties, Inc. • May 6th, 2013 • Real estate investment trusts • Delaware

Summit Hotel OP, LP (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on June 30, 2010 and an Agreement of Limited Partnership entered into as of June 30, 2010 by Summit Hotel Properties, Inc., a Maryland corporation (“Summit REIT”), as the original general partner, and Summit REIT, as the original limited partner of the Partnership. On December 7, 2010, a Certificate of Amendment to the Certificate of Limited Partnership was filed with the Secretary of State of the State of Delaware to reflect the withdrawal of Summit REIT as the original general partner of the Partnership and the admission of Summit Hotel GP, LLC, a Delaware limited liability company, as the successor general partner of the Partnership effective as of November 30, 2010. This First Amended and Restated Agreement of Limited Partnership is entered into this 14th day o

SUMMIT HOTEL PROPERTIES, INC. Incentive Award Agreement
Incentive Award Agreement • May 6th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota

This Incentive Award Agreement (the “Agreement”), dated the ___ day of ___, 20__ and made effective as of March 1, 2013, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and ___________ (the “Participant”), is made pursuant to the terms of the Summit Hotel Properties, Inc. 2011 Equity Incentive Plan (the “Plan”). All terms that are defined in the Plan shall have the same meaning given them in the Plan and the terms “Termination Without Cause,” “Voluntary Termination for Good Reason,” and “Disability” shall have the same meaning given them in the Employment Agreement between the Company and the Participant effective as of February 14, 2011.

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