0001356115-24-000016 Sample Contracts

SECOND AMENDMENT TO AMENDED AND RESTATED COMPANY AGREEMENT OF NHT OPERATING PARTNERSHIP, LLC
Company Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This Second Amendment (this “Amendment”) dated as of August 16, 2019 with an effective date of March 29, 2019 is to the Amended and Restated Company Agreement of NHT Operating Partnership, LLC, as amended (the “Company”), dated January 8, 2019, by and among the Manager and the Persons that are party thereto from time to time and whose names are set forth on Exhibit A attached thereto (as it may be amended from time to time) (as amended, the “Operating Agreement”).

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AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NHT OPERATING PARTNERSHIP, LLC a Delaware limited liability company MEMBERSHIP INTERESTS ARE SUBJECT TO TRANSFER AND OTHER RESTRICTIONS AMENDED AND RESTATED AS OF JANUARY 8, 2019
Limited Liability Company Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • Delaware

THIS AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NHT OPERATING PARTNERSHIP, LLC (the “Company”), dated as of January 8, 2019, is entered into by and among the Manager, the Persons that are party hereto from time to time and whose names are set forth on Exhibit A attached hereto (as it may be amended from time to time) and for the limited purposes set forth herein and not as Members of the Company, (1) Nexpoint Hospitality Trust (“NHT”) and (2) Jesse Blair, the sole equityholder of the initial Manager.

AMENDED AND RESTATED ADVISORY AGREEMENT BY AND AMONG NEXPOINT HOSPITALITY TRUST, NHT HOLDINGS, LLC AND NEXPOINT REAL ESTATE ADVISORS VI, L.P.
Advisory Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • New York
FIRST AMENDMENT TO AMENDED AND RESTATED COMPANY AGREEMENT OF NHT OPERATING PARTNERSHIP, LLC
Company Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This First Amendment (this “Amendment”) dated as of March 27, 2019 with an effective date of January 8, 2019, is to the Amended and Restated Company Agreement of NHT Operating Partnership, LLC (the “Company”), dated January 8, 2019, by and among the Manager and the Persons that are party thereto from time to time and whose names are set forth on Exhibit A attached thereto (as it may be amended from time to time) (as amended, the “Operating Agreement”).

THIRD AMENDMENT TO AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF NHT OPERATING PARTNERSHIP, LLC
Limited Liability Company Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts

This Third Amendment (this “Amendment”) dated as of September 25, 2022 with an effective date of June 30, 2022 is to the Amended and Restated Limited Liability Company Agreement of NHT Operating Partnership, LLC, as amended (the “Company”), dated January 8, 2019, by and among the Manager and the Persons that are party thereto from time to time and whose names are set forth on Exhibit A attached thereto (as it may be amended from time to time) (as amended, the “Operating Agreement”).

LOAN AGREEMENT Dated as of February 23, 2019 Among 2325 STEMMONS TRS, INC., a Delaware corporation, 2325 STEMMONS HOTEL PARTNERS, LLC, a Delaware limited liability company, HCRE ADDISON, LLC, a Delaware limited liability company, HCRE ADDISON TRS,...
Loan Agreement • August 9th, 2024 • Nexpoint Diversified Real Estate Trust • Real estate investment trusts • New York

THIS LOAN AGREEMENT, dated as of February 23, 2019 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), is made by and among the entity or entities identified on the signature page hereto as Borrower (together with its permitted successors and assigns. ‘‘Borrower”) the entity or entities identified on the signature page hereto as Lender and the other Lenders from time to time party hereto, and ACORE CAPITAL MORTGAGE, LP, a Delaware limited partnership, as administrative agent for the Lenders (in such capacity, together with its successors and assigns. “Administrative Agent”).

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