Common use of Acknowledgement and Agreement Clause in Contracts

Acknowledgement and Agreement. Each Loan Party listed below hereby acknowledges that it has reviewed the First Amendment to Credit Agreement dated as of June 23, 2014 (the “First Amendment”) to which this Acknowledgement and Agreement is attached as an exhibit and hereby consents to the execution, delivery and performance thereof by the Borrower. Each Loan Party hereby confirms its obligation under each Loan Document to which it is a party and agrees that, after giving effect to the First Amendment, neither the modification of the Credit Agreement or any other Loan Document effected pursuant to the First Amendment, nor the execution, delivery, performance or effectiveness of the First Amendment or any other Loan Document impairs the validity or effectiveness of any Loan Document to which it is a party or impairs the validity, effectiveness or priority of the Liens granted pursuant to any other Loan Document to which it is a party or by which it is otherwise bound. THIS ACKNOWLEDGEMENT AND AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS ACKNOWLEDGEMENT AND AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. [ ] By: Name: Title: [ ] By: Name: Title: [ ] By: Name:

Acknowledgement and Agreement. Each Loan Party listed below hereby acknowledges that it has reviewed the First Amendment to Credit Agreement dated as of June 23, 2014 (the “First Amendment”) to which this Acknowledgement and Agreement is attached as an exhibit and hereby consents to the execution, delivery and performance thereof by the Borrower. Each Loan Party hereby confirms its obligation under each Loan Document to which it is a party and agrees that, after giving effect to the First Amendment, neither the modification of the Credit Agreement or any other Loan Document effected pursuant to the First Amendment, nor the execution, delivery, performance or effectiveness of the First Amendment or any other Loan Document impairs the validity or effectiveness of any Loan Document to which it is a party or impairs the validity, effectiveness or priority of the Liens granted pursuant to any other Loan Document to which it is a party or by which it is otherwise bound. THIS ACKNOWLEDGEMENT AND AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS ACKNOWLEDGEMENT AND AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. [ ] By: Name: Title: [ ] By: Name: Title: [ ] By: Name:

Acknowledgement and Agreement. Each Loan Party listed below hereby acknowledges that it has reviewed the First Second Amendment to Credit Agreement dated as of June 23April 15, 2014 2015 (the “First Second Amendment”) to which this Acknowledgement and Agreement is attached as an exhibit and hereby consents to the execution, delivery and performance thereof by the Borrower. Each Loan Party hereby confirms its obligation under each Loan Document to which it is a party and agrees that, after giving effect to the First Second Amendment, neither the modification of the Credit Agreement or any other Loan Document effected pursuant to the First Second Amendment, nor the execution, delivery, performance or effectiveness of the First Second Amendment or any other Loan Document impairs the validity or effectiveness of any Loan Document to which it is a party or impairs the validity, effectiveness or priority of the Liens granted pursuant to any other Loan Document to which it is a party or by which it is otherwise bound. THIS ACKNOWLEDGEMENT AND AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS ACKNOWLEDGEMENT AND AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. [ ] XX XXX INVESTORS, LLC EXTENDED STAY LLC By: /s/ Xxxxxxxx X. Xxxxxxxx Name: Title: [ ] By: Name: Title: [ ] By: Name:Xxxxxxxx X. Xxxxxxxx