1 EXHIBIT 10.1 AMENDMENT NO. 1, WAIVER AND CONSENT TO THE CREDIT AGREEMENTLodgian Inc • December 15th, 2000 • Hotels & motels • New York
INDENTURE AMONG SERVICO, INC. AS ISSUER, LODGIAN, INC. AND WILMINGTON TRUST COMPANY AS TRUSTEE DATED AS OF JUNE 17, 1998 SUBORDINATED DEBENTURES ========== ======================================================================Lodgian Inc • July 17th, 1998 • New York
EXHIBIT 10.6 EXECUTIVE EMPLOYMENT AGREEMENTEmployment Agreement • May 14th, 2004 • Lodgian Inc • Hotels & motels • Georgia
WITNESSETH I.Lease Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • Georgia
PLEDGE AGREEMENT THIS PLEDGE AGREEMENT, dated as of December 11, 1998, (the "Pledge Agreement") among Secore Financial Corporation, a Pennsylvania corporation ("Secore"), Lehman Brothers Holdings Inc., a Delaware corporation, as collateral agent (the...Pledge Agreement • December 28th, 1998 • Lodgian Inc • Hotels & motels • Georgia
BETWEEN THE BORROWERS LISTED ON SCHEDULE 1 HERETO AS BORROWERS AND MERRILL LYNCH MORTGAGE LENDING, INC. AS LENDERLoan and Security Agreement • August 16th, 2004 • Lodgian Inc • Hotels & motels • New York
EXHIBIT 10.1 LOAN AGREEMENT This LOAN AGREEMENT dated as of May __, 2003, between LODGIAN DENVER LLC, LODGIAN NORTH MIAMI LLC, LODGIAN COCONUT GROVE LLC, LODGIAN AUGUSTA LLC, LODGIAN FLORENCE LLC, LODGIAN FORT MITCHELL LLC, LODGIAN LAFAYETTE LLC,...Loan Agreement • May 29th, 2003 • Lodgian Inc • Hotels & motels
andRights Agreement • April 2nd, 1999 • Lodgian Inc • Hotels & motels • Delaware
RECITALSAssignment and Assumption Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • New York
RECITALS:Lease Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels
EXHIBIT 10.3.7 ASSIGNMENT OF AGREEMENTS, LICENSES, PERMITS AND CONTRACTS This ASSIGNMENT OF AGREEMENTS, LICENSES, PERMITS AND CONTRACTS, dated as of June 25, 2004 (this "ASSIGNMENT"), made by the undersigned, each having an address at c/o Lodgian,...Lodgian Inc • August 16th, 2004 • Hotels & motels
EXHIBIT 10.33 STOCK OPTION AGREEMENT A Stock Option (this "Option") is hereby granted by Lodgian, Inc., a Delaware corporation (the "Company"), to the Eligible Individual named below ("Optionee"), for and with respect to common stock of the Company,...Stock Option Agreement • March 23rd, 2005 • Lodgian Inc • Hotels & motels • Delaware
WITNESSETH:Lease Agreement • August 9th, 2005 • Lodgian Inc • Hotels & motels • Georgia
The Capital Company of America LLC Two World Financial Center, Building B New York, New York 10281 Gentlemen: We refer to the Consolidated, Amended and Restated Loan Agreement of even date herewith between The Capital Company of America LLC and the...Loan Agreement • December 15th, 2000 • Lodgian Inc • Hotels & motels • New York
1 Exhibit 10.4 REGISTRATION RIGHTS AGREEMENT Dated as of June 17, 1998Registration Rights Agreement • July 17th, 1998 • Lodgian Inc • New York
FORM OF REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • June 21st, 2004 • Lodgian Inc • Hotels & motels • Delaware
LODGIAN, INC. (a Delaware corporation) ________ Shares of Common Stock (Par Value $.01 Per Share) PURCHASE AGREEMENTLodgian Inc • June 4th, 2004 • Hotels & motels • New York
EXHIBIT 10.34 INCENTIVE STOCK OPTION AGREEMENT A Stock Option (this "Option") is hereby granted by Lodgian, Inc., a Delaware corporation (the "Company"), to the Eligible Individual named below ("Optionee"), for and with respect to common stock of the...Incentive Stock Option Agreement • March 23rd, 2005 • Lodgian Inc • Hotels & motels • Delaware
ARTICLE I DEFINITIONSRegistration Rights Agreement • August 16th, 2004 • Lodgian Inc • Hotels & motels • Delaware
First Supplemental Indenture Dated as of June 17, 1998 TABLE OF CONTENTS ----------------------Merger Agreement • July 17th, 1998 • Lodgian Inc • New York
October 17, 2005Security Agreement • October 21st, 2005 • Lodgian Inc • Hotels & motels
RE: Loan and Security Agreement (Fixed Rate #4), dated as of June 25, 2004 (as amended or modified, "Loan Agreement"), between the Borrowers listed on the signature pages below ("Borrowers") and Merrill Lynch Mortgage Lending, Inc. ("Lender") -----------------------------------------------------------------
1 EXHIBIT 10.11 SEPARATION AGREEMENT This Separation Agreement (the "Agreement") is made and entered into as of February 9, 2001, by and between Lodgian, Inc., a Delaware corporation with its principal offices located in Atlanta, Georgia (the...Separation Agreement • March 28th, 2001 • Lodgian Inc • Hotels & motels
BETWEEN THE BORROWERS LISTED ON SCHEDULE 1 HERETO AS BORROWERS AND MERRILL LYNCH MORTGAGE LENDING, INC. AS LENDERLoan and Security Agreement • August 16th, 2004 • Lodgian Inc • Hotels & motels • New York
RECITALSEmployment Agreement • July 17th, 1998 • Lodgian Inc • Georgia
LODGIAN, INC. (a Delaware corporation) 18,285,714 Shares of Common Stock (Par Value $.01 Per Share) PURCHASE AGREEMENTPurchase Agreement • August 16th, 2004 • Lodgian Inc • Hotels & motels • New York
LOAN AGREEMENT This LOAN AGREEMENT dated as of December 11, 1998, between the undersigned borrowers listed on the signature pages hereto (collectively, "Borrower"), and SERVICO WINDSOR, INC., listed on the signature pages hereto as "Canadian...Loan Agreement • December 28th, 1998 • Lodgian Inc • Hotels & motels
LODGIAN, INC.Restricted Stock Award Agreement • August 9th, 2005 • Lodgian Inc • Hotels & motels • Delaware
MERRILL LYNCH MORTGAGE LENDING, INC.Management Agreement • August 16th, 2004 • Lodgian Inc • Hotels & motels • New York
FORBEARANCE AGREEMENTForbearance Agreement • April 1st, 2002 • Lodgian Inc • Hotels & motels • New York
RECITALS:Loan Modification Agreement • March 23rd, 2005 • Lodgian Inc • Hotels & motels • New York
EXHIBIT 10.4.7 ASSIGNMENT OF AGREEMENTS, LICENSES, PERMITS AND CONTRACTS This ASSIGNMENT OF AGREEMENTS, LICENSES, PERMITS AND CONTRACTS, dated as of June 25, 2004 (this "ASSIGNMENT"), made by the undersigned, each having an address at c/o Lodgian,...Lodgian Inc • August 16th, 2004 • Hotels & motels
EXHIBIT 10.5.10 ENVIRONMENTAL INDEMNITY This ENVIRONMENTAL INDEMNITY, made as of June 25, 2004 (this "AGREEMENT"), by the Borrowers named on the signature pages hereto, each having an address at c/o Lodgian, Inc., 3445 Peachtree Road, NE, Suite 700,...Lodgian Inc • August 16th, 2004 • Hotels & motels • New York
Exhibit 10.7 SEVERANCE AGREEMENT THIS SEVERANCE AGREEMENT (the "Agreement") is entered into this 28th day of February, 1999, by and between LODGIAN, INC. and the LODGIAN, INC. 401K PLAN (collectively, the "Company") and WARREN M. KNIGHT ("Knight")....Severance Agreement • April 1st, 1999 • Lodgian Inc • Hotels & motels • Florida
EXHIBIT 10.12 EMPLOYMENT AGREEMENT I, W. Thomas Parrington, and Lodgian, Inc. (Company) agree to the terms and conditions of employment set forth in this Employment Agreement (Agreement). 1. TERM OF EMPLOYMENT. My employment under this Agreement shall...Employment Agreement • March 9th, 2004 • Lodgian Inc • Hotels & motels • Georgia
Exhibit 10.55 AMENDMENT TO EMPLOYMENT AGREEMENT FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this "Amendment") dated as of November __, 2002, by and between Lodgian, Inc., a Delaware corporation (the "Company"), and David Hawthorne (the "Executive")....Employment Agreement • March 31st, 2003 • Lodgian Inc • Hotels & motels • Georgia
