HOST HOTELS & RESORTS, L.P. UNDERWRITING AGREEMENTUnderwriting Agreement • August 9th, 2012 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York
Contract Type FiledAugust 9th, 2012 Company Industry JurisdictionMerrill Lynch, Pierce, Fenner & Smith Incorporated, Goldman, Sachs & Co., J.P. Morgan Securities LLC and Wells Fargo Securities, LLC are acting as representatives (collectively, the “Representatives”), an aggregate of $450,000,000 principal amount of the Company’s 4.750% Series C Senior Notes due 2023 (the “Securities”). The Securities are to be issued pursuant to the provisions of the Amended and Restated Indenture, dated as of August 5, 1998, by and among HMH Properties, Inc. (which later merged with and into the Company), the guarantors named therein and Marine Midland Bank, later succeeded by The Bank of New York (now known as The Bank of New York Mellon), as successor trustee (the “Trustee”) (the “Base Indenture”), and the Forty-Third Supplemental Indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”) to be dated as of the Closing Date (as defined in Section 4 below), by and between the Company and the Trustee.
FORTY-THIRD SUPPLEMENTAL INDENTURE TO AMENDED AND RESTATED INDENTUREIndenture • August 9th, 2012 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York
Contract Type FiledAugust 9th, 2012 Company Industry JurisdictionFORTY-THIRD SUPPLEMENTAL INDENTURE dated August 9, 2012, among HOST HOTELS & RESORTS, L.P., a Delaware limited partnership (the “Company”), and THE BANK OF NEW YORK MELLON, as Successor Trustee (the “Trustee”), to the Amended and Restated Indenture, dated as of August 5, 1998, as amended and supplemented through the date of this Forty-Third Supplemental Indenture (the “Indenture”).