FIRST AMENDMENT TO LOAN AGREEMENT, NOTE SPLITTER AND LOAN MODIFICATION AGREEMENTLoan Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • New York
THIS FIRST AMENDMENT TO LOAN AGREEMENT, NOTE SPLITTER AND LOAN MODIFICATION AGREEMENT (this “Agreement”), dated as of October 28, 2015, made by and between the Borrowers listed on Schedule I, each having an address at c/o American Realty Capital, 405 Park Avenue, New York, New York 10022 (together with each of their permitted successor and assigns, collectively, “Borrowers” and each a “Borrower”), LADDER CAPITAL FINANCE III LLC - SERIES 97 – TRS – EQUITY INNS PORTFOLIO, a segregated series of Ladder Capital Finance III LLC, a Delaware limited liability company, having an address at 345 Park Avenue, 8th Floor, New York, New York 10154 (“Ladder”), and GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation, having an address at 60 Wall Street, New York, New York 10005 (“GACC”; together with Ladder and each of their respective successors and assigns, individually or collectively as the context may require, “Lender”).
SECOND AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P.Agreement of Limited Partnership • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This SECOND AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HOSPITALITY OPERATING PARTNERSHIP, L.P. (this “Amendment”) is made as of November 11, 2015 by American Realty Capital Hospitality Trust, Inc., a Maryland corporation, in its capacity as the general partner (the “General Partner”) of American Realty Capital Hospitality Operating Partnership, L.P., a Delaware limited partnership (the “Partnership”). Capitalized terms used but not otherwise defined in this Amendment shall have the meanings given to such terms in the Agreement of Limited Partnership of the Partnership, dated as of January 7, 2014 (as amended hereby and by that certain First Amendment to Agreement of Limited Partnership of the Partnership dated August 7, 2015, the “Partnership Agreement”).
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Real Estate Purchase and Sale Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated June 2, 2015 (the “Agreement”), by and among the sellers listed on Schedule 1 thereto, Summit Hotel OP, LP and American Realty Capital Hospitality Portfolio SMT, LLC. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.
FOURTH AMENDMENT TO AGREEMENT FOR SALE AND PURCHASEAgreement for Sale and Purchase • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This FOURTH Amendment to the Agreement for Sale and Purchase (this “Amendment”) by and between WS CINCINNATI, LLC, a Delaware limited liability company, WS COLLEGE STATION JV, LLC, a Delaware limited liability company, WS-CNO JV, LLC, a Delaware limited liability company, WS-FNO, LLC, a Delaware limited liability company, and WS SPHERICAL STONE, LLC, a Delaware limited liability company (collectively, “Seller”), and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company (“Purchaser”), is made as of October 8, 2015 (the “Amendment Effective Date”). Seller and Purchaser are sometimes referred to collectively in this Amendment as the “Parties.”
FIRST AMENDMENT TO ADVISORY AGREEMENTAdvisory Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This FIRST AMENDMENT TO ADVISORY AGREEMENT is entered into as of November 11, 2015, among American Realty Capital Hospitality Trust, Inc., American Realty Capital Hospitality Operating Partnership, L.P. (the “Operating Partnership”) and American Realty Capital Hospitality Advisors, LLC (the “Advisor”).
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Real Estate Purchase and Sale Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated June 2, 2015 (the “Agreement”), by and among the sellers listed on Schedule 1 thereto, Summit Hotel OP, LP and American Realty Capital Hospitality Portfolio SMT, LLC, as amended by that certain letter agreement, dated July 15, 2015, by and among certain parties to the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.
THIRD AMENDMENT TO AGREEMENT FOR SALE AND PURCHASEAgreement for Sale and Purchase • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This Third Amendment to the Agreement for Sale and Purchase (this “Amendment”) by and between WS CINCINNATI, LLC, a Delaware limited liability company, WS COLLEGE STATION JV, LLC, a Delaware limited liability company, WS-CNO JV, LLC, a Delaware limited liability company, WS-FNO, LLC, a Delaware limited liability company, and WS SPHERICAL STONE, LLC, a Delaware limited liability company (collectively, “Seller”), and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company (“Purchaser”), is made as of August 3, 2015 (the “Amendment Effective Date”). Seller and Purchaser are sometimes referred to collectively in this Amendment as the “Parties.”
FIFTH AMENDMENT TO AGREEMENT FOR SALE AND PURCHASEAgreement for Sale and Purchase • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This FIFTH Amendment to the Agreement for Sale and Purchase (this “Amendment”) by and between WS CINCINNATI, LLC, a Delaware limited liability company, WS COLLEGE STATION JV, LLC, a Delaware limited liability company, WS-CNO JV, LLC, a Delaware limited liability company, WS-FNO, LLC, a Delaware limited liability company, and WS SPHERICAL STONE, LLC, a Delaware limited liability company (collectively, “Seller”), and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company (“Purchaser”), is made as of October 27, 2015 (the “Amendment Effective Date”). Seller and Purchaser are sometimes referred to collectively in this Amendment as the “Parties.”
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Real Estate Purchase and Sale Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts • Texas
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated June 2, 2015 (the “Original Agreement”), as amended (the “Agreement”), by and among the sellers listed on Schedule 1 thereto, Summit Hotel OP, LP and American Realty Capital Hospitality Portfolio SMT, LLC. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.
FIRST AMENDMENT TO AGREEMENT FOR SALE AND PURCHASEAgreement for Sale and Purchase • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This First Amendment to the Agreement for Sale and Purchase by and between WS CINCINNATI, LLC, a Delaware limited liability company, WS COLLEGE STATION JV, LLC, a Delaware limited liability company, WS-CNO JV, LLC, a Delaware limited liability company, WS-FNO, LLC, a Delaware limited liability company, and WS SPHERICAL STONE, LLC, a Delaware limited liability company (collectively, the "Seller") and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company (the "Purchaser") (this “Amendment”) is made as of July 13, 2015 (the “Effective Date”). Seller and Purchaser are sometimes referred to collectively in this Amendment as the “Parties” and each individually as a “Party.”
SECOND AMENDMENT TO AGREEMENT FOR SALE AND PURCHASEAgreement for Sale and Purchase • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
This Second Amendment to the Agreement for Sale and Purchase (this “Amendment”) by and between WS CINCINNATI, LLC, a Delaware limited liability company, WS COLLEGE STATION JV, LLC, a Delaware limited liability company, WS-CNO JV, LLC, a Delaware limited liability company, WS-FNO, LLC, a Delaware limited liability company, and WS SPHERICAL STONE, LLC, a Delaware limited liability company (collectively, “Seller”), and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO WSC, LLC, a Delaware limited liability company (“Purchaser”) is made as of July 13, 2015 (the “Amendment Effective Date”). Seller and Purchaser are sometimes referred to collectively in this Amendment as the “Parties.”
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Real Estate Purchase and Sale Agreement • November 16th, 2015 • American Realty Capital Hospitality Trust, Inc. • Real estate investment trusts
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated June 2, 2015 (the “Agreement”), by and among the sellers listed on Schedule 1 thereto, Summit Hotel OP, LP and American Realty Capital Hospitality Portfolio SMT, LLC, as amended by that certain letter agreement, dated July 15, 2015, by and among certain parties to the Agreement. Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Agreement.
