SETTLEMENT AGREEMENTSettlement Agreement • September 7th, 2005 • Lodgian Inc • Hotels & motels • Kansas
THIS SETTLEMENT AGREEMENT (the “Agreement”) is made and entered into this 31st day of August, 2005, by and between Lawrence Hospitality Associates, L.P., a limited partnership organized and existing under the laws of the State of Kansas (“LHA”), Manhattan Hospitality Associates, L.P., a limited partnership organized and existing under the laws of the State of Kansas (“MHA”), Servico, Inc., a Florida corporation (“Servico”), Lodgian Inc., a Delaware corporation (“Lodgian”), Lodgian Management, Corp., a Delaware corporation (“Property Manager”) (LHA, MHA, Servico, Lodgian, and the Property Manager may be collectively referred to as the “Lodgian Entities”), and JPMorgan Chase Bank, National Association, a national banking association organized under the laws of the United States, in its capacity as Trustee under two separate Trust Indentures each dated as of January 1, 1997 (more fully defined below) (not in its individual capacity, but solely in its capacity as Trustee, the “Trustee”).
