PERMANENT LOAN CROSS INDEMNITYPermanent Loan Cross Indemnity • August 14th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Virginia
THIS PERMANENT LOAN CROSS INDEMNITY (this "Agreement"), made effective as of the 1st day of April, 2014, by TCA BLOCK 7, INC., a Virginia corporation ("TCAB7"), ARMADA/HOFFLER PROPERTIES II, L.L.C., a Virginia limited liability company ("AHPII"), DANIEL A. HOFFLER ("Hoffler"), LOUIS S. HADDAD ("Haddad"), CHRI VIRGINIA BEACH HOTEL (A/H) MINORITY HOLDING, LLC, a Delaware limited liability company ("CVBH"), AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation ("ARC REIT"), HAMPTON W COMPANY, LLC, a Virginia limited liability company ("HWC"), HAMPTON UNIVERSITY, a private non-stock foundation ("HU"), LEGACY HOSPITALITY, LLC, a Maryland limited liability company ("Legacy"), and VB CITY HOTELS LLC, a Virginia limited liability company ("VBCH").
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • August 14th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of April 8, 2014 by DANIEL A. HOFFLER, an individual, having an office at 222 Central Park Avenue, Suite 2100, Virginia Beach, Virginia 23462 (“Hoffler”), LOUIS S. HADDAD, an individual, having an office at 222 Central Park Avenue, Suite 2100, Virginia Beach, Virginia 23462 (“Haddad”) and AMERICAN REALTY CAPITAL HOSPITALITY TRUST, INC., a Maryland corporation, having an office at 405 Park Avenue, 15th Floor, New York, NY 10022, Attn: Jon Mehlman (“ARC REIT”; each of the foregoing, a “Guarantor”, and collectively, “Guarantors”), for the benefit of GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and/or assigns, “Lender”).
GUARANTY OF RECOURSE OBLIGATIONSGuaranty of Recourse Obligations • August 14th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
This GUARANTY OF RECOURSE OBLIGATIONS (this “Guaranty”) is executed as of March 21st, 2014 by AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (“ARC OF”), having an address at 106 York Road, Jenkintown, Pennsylvania 19046, AR CAPITAL, LLC, a Delaware limited liability company (“AR Capital”), having an address at 106 York Road, Jenkintown, Pennsylvania 19046, NICHOLAS S. SCHORSCH, an individual having an address at 161 E. 70th Street, New York, NY 10021(“Schorsch”), WILLIAM M. KAHANE, an individual having an address at 1 West 64th Street, New York, NY 10023 (“Kahane”), EDWARD M. WEIL, JR., an individual having an address at 200 East 66th Street, E-1504, New York, NY 10065 (“Weil”), BRIAN S. BLOCK, an individual having an address at 605 Edwin Lane, Hatfield, PA 19440 (“Block”) and PETER M. BUDKO, an individual having an address at 5080 Red Willow Lane, Matthews, NC 28104 (“Budko”; together with Schorsch, Kahane, Weil and Block, the “Individu
LOAN AGREEMENTLoan Agreement • August 14th, 2014 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of March 21, 2014 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, 10th Floor, New York, New York 10005 (together with its successors and assigns, collectively, “Lender”), ARC HOSPITALITY BALTIMORE, LLC (“MD Borrower”) and ARC HOSPITALITY PROVIDENCE, LLC (“RI Borrower”), each a Delaware limited liability company, having an address at 106 York Road, Jenkintown, Pennsylvania 19046 (each a “Borrower” and collectively, together with their respective permitted successors and assigns, “Borrowers”) and ARC HOSPITALITY TRS BALTIMORE, LLC (“MD Operating Lessee”) and ARC HOSPITALITY TRS PROVIDENCE, LLC (“RI Operating Lessee”), each a Delaware limited liability company, having an address at 106 York Road, Jenkintown, Pennsylvania 19046 (each an “Operating Lessee” and collectively, together with their respec
