AGREEMENT AND PLAN OF MERGER Dated as of July 25, 2007 Among APPLE HOSPITALITY FIVE, INC. INLAND AMERICAN REAL ESTATE TRUST, INC. and INLAND AMERICAN ORCHARD HOTELS, INC.Merger Agreement • July 26th, 2007 • Apple Hospitality Five Inc • Real estate investment trusts • Virginia
Contract Type FiledJuly 26th, 2007 Company Industry JurisdictionAGREEMENT AND PLAN OF MERGER (the “Agreement”), dated as of July 25, 2007, among Apple Hospitality Five, Inc., a Virginia corporation (the “Company”), Inland American Real Estate Trust, Inc., a Maryland corporation (“Buyer”) and Inland American Orchard Hotels, Inc., a Delaware corporation (“Acquisition Sub”) and a wholly-owned subsidiary of Inland American Lodging Corporation, a Delaware corporation which is a wholly-owned subsidiary of Inland American Lodging Group, Inc., a Delaware corporation which is a wholly-owned subsidiary of Buyer. Buyer, Acquisition Sub and the Company are each sometimes referred to herein as a “Party” and collectively as the “Parties.”