Common use of Name; Formation Clause in Contracts

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 13, 2004, in accordance with the Act, by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her powers as an “authorized person” ceased, and the Member thereupon became the designated “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES MORGANS HOLDINGS LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 13July 23, 2004, 1998 in accordance with the Act, by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇Vered Rabia, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her powers as an “authorized person” ceased, and the . The Member thereupon became the is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES DDD HOLDINGS, LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 13December 17, 20042007, in accordance with the Act, Act by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her such person’s powers as an “authorized person” ceased, and the . The Managing Member thereupon became the is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Amended Agreement are hereby amended and restated in their entirety as set forth herein.

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES 43rd RESTAURANT LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 13May 2, 20042000, in accordance with the Act, by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her powers as an “authorized person” ceased, and the Member thereupon became the designated “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Agreement are hereby amended and restated in their entirety as set forth herein.. 43rd Restaurant LLC — Fifth Amended & Restated Operating Agreement

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES ROYALTON PLEDGOR LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 1310, 2004, in accordance with the Act, by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her powers as an “authorized person” ceased, and the Member thereupon became the designated “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Agreement are hereby amended and restated in their entirety as set forth herein.. Royalton Pledgor LLC — Third Amended & Restated Operating Agreement

Name; Formation. The name of the limited liability company is BEACH HOTEL ASSOCIATES HHH HOLDINGS, LLC. The Certificate of Formation of the Company was filed for record in the office of the Secretary of State of the State of Delaware on August 13December 17, 20042007, in accordance with the Act, Act by ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, an authorized person within the meaning of the Act. Upon the filing of the Certificate of Formation with the Secretary of State of the State of Delaware, her such person’s powers as an “authorized person” ceased, and the . The Managing Member thereupon became the is hereby designated as an “authorized person” and shall continue as the designated “authorized person” within the meaning of the Act. The Managing Member, as an authorized person, within the meaning of the Act, shall execute, deliver and file, or cause the execution, delivery and filing of, all certificates (and any amendments and/or restatements thereof) required or permitted by the Act to be filed with the Secretary of State of the State of Delaware. The Managing Member shall execute, deliver and file, or cause the execution, delivery and filing of any certificates (and any amendments and/or restatements thereof) necessary for the Company to qualify to do business in any other jurisdiction in which the Company may wish to conduct business. The terms and provisions of the Original Amended Agreement are hereby amended and restated in their entirety as set forth herein.