SECOND AMENDED AND RESTATED LIMITED LIABILITY COMPANY AGREEMENT OF HIT PORTFOLIO I HOLDCO, LLC AMONG HIT PORTFOLIO MEMBER, LP, W2007 EQUITY INNS SENIOR MEZZ, LLC and WILLIAM G. POPEO Dated: April 28, 2017Limited Liability Company Agreement • May 15th, 2017 • Hospitality Investors Trust, Inc. • Real estate investment trusts • Delaware
IN RELIANCE UPON CERTAIN EXEMPTIONS FROM REGISTRATION AND QUALIFICATION, THE LIMITED LIABILITY COMPANY INTERESTS DESCRIBED IN AND ISSUED PURSUANT TO THIS AGREEMENT HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES ACT (AS DEFINED HEREIN) OR THE SECURITIES LAWS OF ANY STATE OR THE DISTRICT OF COLUMBIA. ACCORDINGLY, NO SUCH LIMITED LIABILITY COMPANY INTEREST MAY BE SOLD, PLEDGED, HYPOTHECATED OR OTHERWISE TRANSFERRED EXCEPT IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT AND ANY APPLICABLE FEDERAL OR STATE SECURITIES LAWS. ANY VIOLATION OF SUCH PROVISIONS COULD EXPOSE THE SELLING MEMBER AND THE COMPANY TO LIABILITY.
