MANAGEMENT AGREEMENT Between ESA CANADA OPERATING LESSEE INC. (LESSEE) and HVM L.L.C. (MANAGER) and HVM CANADA HOTEL MANAGEMENT ULC (CANADA EMPLOYER) October 8, 2010Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of October 8, 2010 by and between ESA CANADA OPERATING LESSEE INC. (f/k/a BRE/ESA Canada Lessee Inc.), an Ontario corporation (“Lessee”), HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”), and HVM CANADA HOTEL MANAGEMENT ULC, an Alberta unlimited liability corporation (“Canada Employer”; and together with Manager, collectively, the “Management Parties”).
MANAGEMENT AGREEMENT between ESA 2007 OPERATING LESSEE INC. (LESSEE) and HVM L.L.C. (MANAGER) October 8, 2010Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of October 8, 2010 by and between ESA 2007 OPERATING LESSEE INC., a Delaware corporation (“Lessee”), and HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”).
MANAGEMENT AGREEMENT between ESA P PORTFOLIO OPERATING LESSEE INC. (LESSEE) and HVM L.L.C. (MANAGER) October 8, 2010Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of October 8, 2010 by and between ESA P PORTFOLIO OPERATING LESSEE INC. (f/k/a BRE/ESA P Portfolio Operating Lessee Inc.), a Delaware corporation (“Lessee”), and HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”).
INTERCREDITOR AGREEMENT by and among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, GERMAN AMERICAN CAPITAL CORPORATION, CITIGROUP GLOBAL MARKETS REALTY CORP., BANK OF AMERICA, N.A., and GOLDMAN SACHS MORTGAGE COMPANY, collectively as Senior Lender,...Intercreditor Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
This INTERCREDITOR AGREEMENT, dated as of November 30, 2012 (this “Agreement”), by and among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179 (“JPM”), GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (“GACC”), CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013 (“CGMRC”), BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 (“BofA”) and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (“Goldman”; Goldman collectively with JPM, GACC, CGMRC and BofA, together with their respective successors and assigns in such capacity, “Senior Lender”);
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS TRADEMARK LICENSE AGREEMENT (this “Agreement”), entered into and effective as of October 8, 2010, by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA 2007 OPERATING LESSEE INC., a Delaware Corporation (“Licensee”).
FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC
THIS FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENT (this “Amendment”), entered into and effective as of November 30, 2012 (the “Amendment Effective Date”), by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA CANADA OPERATING LESSEE INC., an Ontario corporation (“Licensee”).
MEZZANINE B LOAN AGREEMENT Dated as of November 30, 2012 by and among ESH MEZZANINE B LLC, ESH MEZZANINE B-2 LLC, ESH CANADA MEZZANINE B LLC, and ESH CANADA MEZZANINE B-2 LLC collectively, as Borrower and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, and...Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MEZZANINE B LOAN AGREEMENT, dated as of November 30, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013, BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (together with their respective successors and assigns, each, a “Co-Lender” and, collectively, “Lender”) and ESH MEZZANINE
LOAN AGREEMENT Dated as of November 30, 2012 by and among THE ENTITIES IDENTIFIED ON SCHEDULE I HERETO AS BORROWER, collectively, as Borrower and ESA P PORTFOLIO MD TRUST, as Maryland Owner ESA CANADA ADMINISTRATOR L.L.C. as Signatory Trustee ESA...Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS LOAN AGREEMENT, dated as of [November 30], 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013, BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (together with their respective successors and assigns, each, a “Co-Lender” and, collectively, “Lender”), THE ENTITIES IDENTIFIED ON
FIRST AMENDMENT TO MANAGEMENT AGREEMENTManagement Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (this “Agreement”) is made as of April 9, 2012 by and between ESA P PORTFOLIO OPERATING LESSEE INC. (f/k/a BRE/ESA P Portfolio Operating Lessee Inc.), a Delaware corporation (“Lessee”), and HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”).
SECOND AMENDMENT TO TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC
THIS SECOND AMENDMENT TO TRADEMARK LICENSE AGREEMENT (this “Amendment”), entered into and effective as of December 13, 2012 (the “Amendment Effective Date”), by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA P PORTFOLIO OPERATING LESSEE INC., a Delaware corporation (“Licensee”).
FIRST AMENDMENT TO LOAN AGREEMENT Dated as of January 31, 2013 by and among THE ENTITIES IDENTIFIED ON SCHEDULE I HERETO AS BORROWER, collectively, as Borrower and ESA P PORTFOLIO MD TRUST, as Maryland Owner ESA CANADA ADMINISTRATOR L.L.C. as...Loan Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS FIRST AMENDMENT TO LOAN AGREEMENT, dated as of January 31, 2013 (this “Amendment”), is by and among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013, BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (together with their respective successors and assigns, each, a “Co-Lender” and, collectively, “Lender”), THE ENTITIES IDENTIFIED ON SCHEDULE I HERETO (together with their respective successor
SECOND AMENDMENT TO MANAGEMENT AGREEMENT between ESA P PORTFOLIO OPERATING LESSEE INC. (LESSEE) and HVM L.L.C. (MANAGER) November 30, 2012Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS SECOND AMENDMENT TO MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 30, 2012 by and between ESA P PORTFOLIO OPERATING LESSEE INC. (f/k/a BRE/ESA P Portfolio Operating Lessee Inc.), a Delaware corporation (“Lessee”), and HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”).
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS TRADEMARK LICENSE AGREEMENT (this “Agreement”), entered into and effective as of October 8, 2010, by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and LVP Acquisitions Corp., a Delaware corporation (“Licensee”).
CREDIT AGREEMENT among EXTENDED STAY LLC, as Borrower, The Several Lenders from Time to Time Parties Hereto, DEUTSCHE BANK AG NEW YORK BRANCH, CITIBANK, N.A., BANK OF AMERICA, N.A. AND GOLDMAN SACHS BANK USA, as Syndication Agents, and JPMORGAN CHASE...Credit Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
CREDIT AGREEMENT (this “Agreement”), dated as of November 30, 2012, among EXTENDED STAY LLC, a Delaware limited liability company (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK AG NEW YORK BRANCH, CITIBANK, N.A., BANK OF AMERICA, N.A. and GOLDMAN SACHS BANK USA, as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
FIRST AMENDMENT TO MANAGEMENT AGREEMENT Between ESA CANADA OPERATING LESSEE INC. (LESSEE) and HVM L.L.C. (MANAGER) and HVM CANADA HOTEL MANAGEMENT ULC (CANADA EMPLOYER) November 30, 2012Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 30, 2012 by and between ESA CANADA OPERATING LESSEE INC. (f/k/a BRE/ESA Canada Lessee Inc.), an Ontario corporation (“Lessee”), HVM L.L.C. (f/k/a Homestead Village Management, LLC), a Delaware limited liability company (“Manager”), and HVM CANADA HOTEL MANAGEMENT ULC, an Alberta unlimited liability corporation (“Canada Employer”; and together with Manager, collectively, the “Management Parties”).
EXTENDED STAY LLC FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
This FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) is dated as of March 28, 2013, and entered into among EXTENDED STAY LLC, a Delaware limited liability company (the “Borrower”), the Lenders party hereto and JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders (in such capacity, the “Administrative Agent”). Reference is made to the Credit Agreement, dated as of November 30, 2012 (the “Credit Agreement”), among the Borrower, the Lenders party thereto, the Administrative Agent and the other parties thereto. Capitalized terms used herein without definition shall have the same meanings as set forth in the Credit Agreement (as amended by this Amendment).
MEZZANINE A LOAN AGREEMENT Dated as of November 30, 2012 by and among ESH MEZZANINE A LLC, ESH MEZZANINE A-2 LLC, ESH CANADA MEZZANINE A LLC, and ESH CANADA MEZZANINE A-2 LLC collectively, as Borrower and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, and...Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MEZZANINE A LOAN AGREEMENT, dated as of November 30, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013, BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (together with their respective successors and assigns, each, a “Co-Lender” and collectively, “Lender”), and ESH MEZZANINE
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS TRADEMARK LICENSE AGREEMENT (this “Agreement”), entered into and effective as of October 8, 2010, by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA P PORTFOLIO OPERATING LESSEE INC., a Delaware corporation (“Licensee”).
