REVISED FORM OF NEW WARRANTS COMMON STOCK PURCHASE WARRANT SUPERTEL HOSPITALITY, INC.Supertel Hospitality Inc • September 12th, 2013 • Real estate investment trusts • New York
THIS COMMON STOCK PURCHASE WARRANT (the “Warrant”) certifies that, for value received, Real Estate Strategies L.P., a Bermuda Limited Partnership, and, or its assigns (the “Holder”) is entitled, upon the terms and subject to the limitations on exercise and the conditions hereinafter set forth, at any time on or after the date hereof (the “Initial Exercise Date”) and on or prior to the close of business on (the “Termination Date”) but not thereafter, to subscribe for and purchase from Supertel Hospitality, Inc., a Virginia corporation (the “Company”), shares (subject to adjustment hereunder, the “Warrant Shares”) of Common Stock. The purchase price of one share of Common Stock under this Warrant shall be equal to the Exercise Price, as defined in Section 2(b).
AMENDMENT TO AGREEMENTAmendment to Agreement • September 12th, 2013 • Supertel Hospitality Inc • Real estate investment trusts
This Amendment to Agreement (the “Amendment”) is dated as of September 12, 2013, and amends the Agreement (the “Agreement”) dated August 9, 2013 by and among Real Estate Strategies L.P., a Bermuda Limited Partnership (“RES”) IRSA Inversiones y Representaciones Sociedad Anónima, an Argentine sociedad anónima (“IRSA”) (IRSA participates solely for purposes of Sections 1 and 5(e) of the Agreement) and Supertel Hospitality, Inc., a Virginia corporation (the “Company” and, together with RES and IRSA, the “Parties” and any of them individually, a “Party”). Defined terms not otherwise defined herein shall have the meanings set forth in the Agreement.
Shares SUPERTEL HOSPITALITY, INC. COMMON STOCK ($0.01 PAR VALUE) UNDERWRITING AGREEMENTUnderwriting Agreement • September 12th, 2013 • Supertel Hospitality Inc • Real estate investment trusts • New York
Common Stock or any securities convertible into or exercisable or exchangeable for Common Stock, or make any demand for or exercise any right with respect to (other than piggyback registration rights, if any) the registration of any shares of Common Stock or the filing of any registration statement with respect thereto, or (4) publicly disclose or announce an intention to effect any transaction specified in clause (1), (2) or (3). The undersigned also agrees and consents to the entry of stop transfer instructions with the Company’s transfer agent and registrar against the transfer by the undersigned of shares of Common Stock except in compliance with this agreement.
