AMENDMENT NO. 1 TO NOTE AGREEMENTNote Agreement • December 22nd, 2011 • MHI Hospitality CORP • Real estate investment trusts • New York
THIS AMENDMENT NO. 1 (the “Amendment”) to the Note Agreement dated as of April 18, 2011 (the “Agreement”), by and among MHI Hospitality Corporation, a Maryland corporation (the “Borrower”) and each lender a party thereto from time to time (together with their successors and assigns, each, a “Lender”, and collectively, the “Lenders”) and Essex Equity High Income Joint Investment Vehicle, LLC, a Delaware limited liability company, as agent for the Lenders (the “Agent”, and collectively with the Borrower and the Lenders, the “Parties”), is made and entered into by and among the Parties as of December 21, 2011 (the “Amendment Date”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Agreement.
AMENDMENT TO WARRANT To Purchase Common Stock of MHI Hospitality CorporationWarrant Amendment • December 22nd, 2011 • MHI Hospitality CORP • Real estate investment trusts
THIS AMENDMENT (this “Amendment”) to the Warrant, dated as of April 18, 2011 (as further defined below, the “Warrant”), issued by MHI Hospitality Corporation, a Maryland corporation (the “Company”), to Essex Illiquid, LLC and Richmond Hill Capital Partners, LP as the Initial Holders identified on Schedule 1 to the Warrant, is made and entered into by the Company, and agreed and acknowledged by such Initial Holders, as of December 21, 2011 (the “Amendment Date”). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Warrant.
