Host Hotels & Resorts, Inc. Sample Contracts

AMONG
Trust Agreement • March 26th, 1999 • Host Marriott Corp/ • Hotels & motels • Delaware
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Amendment to the Distribution Agreement between Host Marriott Corporation and Host Marriott Services Corporation
Distribution Agreement • March 26th, 1999 • Host Marriott Corp/ • Hotels & motels
SECOND AMENDMENT TO LEASE AGREEMENT
Lease Agreement • November 23rd, 1999 • Host Marriott Corp/ • Hotels & motels
Common Stock
Underwriting Agreement • August 14th, 2003 • Host Marriott Corp/ • Real estate investment trusts • New York
FORM ----
Lease Agreement • April 2nd, 2001 • Host Marriott Corp/ • Hotels & motels • Maryland
AMENDMENT NO. 2 TO RIGHTS AGREEMENT
Rights Agreement • October 21st, 2002 • Host Marriott Corp/ • Real estate investment trusts • Maryland
AMENDED AND RESTATED INDEMNIFICATION AGREEMENT
Indemnification Agreement • July 21st, 2017 • Host Hotels & Resorts, Inc. • Real estate investment trusts • Maryland

THIS AMENDED AND RESTATED INDEMNIFICATION AGREEMENT is made and entered into this day of , 2017 (“Agreement”), by and between Host Hotels & Resorts, Inc., a Maryland corporation (the “Company”), and (“Indemnitee”).

12,500,000 Shares Common Stock ($.01 par value) Underwriting Agreement
Host Marriott Corp/ • February 7th, 2001 • Hotels & motels • New York
ARTICLE ONE DEFINITIONS
Noncompetition Agreement • March 26th, 1999 • Host Marriott Corp/ • Hotels & motels • Maryland
AND
Rights Agreement • December 11th, 1998 • HMC Merger Corp • Hotels & motels • Maryland
HOST MARRIOTT, L.P., Issuer MARINE MIDLAND BANK, as Trustee ---------------------- INDENTURE
HMC Merger Corp • October 2nd, 1998 • Hotels & motels • New York
THIS OPERATING AGREEMENT (the "Agreement") is entered into as of July 28, 1998.
Operating Agreement • October 8th, 1998 • HMC Merger Corp • Hotels & motels • Delaware
INDEMNIFICATION AGREEMENT
Indemnification Agreement • December 7th, 2004 • Host Marriott Corp/ • Real estate investment trusts • Maryland

THIS INDEMNIFICATION AGREEMENT is made and entered into this day of , 200 (“Agreement”), by and between Host Marriott Corporation, a Maryland corporation (the “Company”), and (“Indemnitee”).

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SALES AGENCY FINANCING AGREEMENT
Sales Agency Financing Agreement • April 25th, 2012 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York

Sales Agency Financing Agreement (this “Agreement”), dated as of April 24, 2012 between HOST HOTELS & RESORTS, INC., a Maryland corporation (the “Company”), and BNY MELLON CAPITAL MARKETS, LLC, a registered broker-dealer organized under the laws of Delaware (“BNYMCM”).

RESTATED NONCOMPETITION AGREEMENT ---------------------------------
Noncompetition Agreement • November 20th, 1998 • HMC Merger Corp • Hotels & motels • Maryland
HOST HOTELS & RESORTS, L.P. UNDERWRITING AGREEMENT
Underwriting Agreement • September 3rd, 2020 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York

Host Hotels & Resorts, L.P., a Delaware limited partnership (the “Company” or the “Operating Partnership”), proposes to issue and sell to the several underwriters named in Schedule A hereto (each, an Underwriter, and collectively, the “Underwriters”) for which J.P. Morgan Securities LLC, BofA Securities, Inc. and Wells Fargo Securities, LLC are acting as representatives (collectively, the “Representatives”), an aggregate of $150,000,000 principal amount of the Company’s 3.500% Series I Senior Notes due 2030 (the “Securities”). The Securities are to be issued pursuant to the provisions of the indenture, dated as of May 15, 2015, by and between the Company and The Bank of New York Mellon, as trustee (the “Trustee”) (the “Base Indenture”), and the Sixth Supplemental Indenture (the “Supplemental Indenture” and, together with the Base Indenture, the “Indenture”) dated August 20, 2020 (as defined in Section 4 below), by and between the Company and the Trustee.

AMENDMENT AGREEMENT TO CREDIT AGREEMENT
Pledge and Security Agreement • July 25th, 2012 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York

This AMENDED AND RESTATED CREDIT AGREEMENT (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, this “Agreement”) is entered into as of July 25, 2012, among Host Hotels & Resorts, L.P., a Delaware limited partnership (the “Company”), certain Subsidiaries of the Company party hereto pursuant to Section 2.19 (each a “Designated Borrower” and, together with the Company, the “Borrowers” and each, a “Borrower”), each lender from time to time party hereto (collectively, the “Lenders” and individually, a “Lender”), and BANK OF AMERICA, N.A., as Administrative Agent, Collateral Agent, Swing Line Lender and the L/C Issuer.

RECITALS
License Agreement • March 26th, 1999 • Host Marriott Corp/ • Hotels & motels • Maryland
SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of HHR EURO C.V. Dated as of May 27, 2010
Host Hotels & Resorts, Inc. • July 27th, 2010 • Real estate investment trusts

SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP dated as of May 27, 2010 (this “Agreement”) of HHR Euro C.V. (the “Partnership”).

HOST MARRIOTT, L.P. RETIREMENT AND SAVINGS PLAN (Amended and Restated)
Retirement and Savings Plan • October 19th, 2004 • Host Marriott Corp/ • Real estate investment trusts • Maryland

When used in this instrument, the following words and phrases have the indicated meanings except where the contrary is expressly stated:

TRUST AGREEMENT
Trust Agreement • March 10th, 2006 • Host Marriott Corp/ • Real estate investment trusts • Maryland

THIS TRUST AGREEMENT is made by and between HOST MARRIOTT, L.P., a Delaware limited partnership (the “Employer”), and T. ROWE PRICE TRUST COMPANY, a Maryland limited purpose trust company (the “Trustee”).

REGISTRATION RIGHTS AGREEMENT Dated as of November 18, 2011 by and among HOST HOTELS & RESORTS, L.P., as Issuer, the Guarantors named herein and GOLDMAN, SACHS & CO., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, AND WELLS FARGO SECURITIES, LLC...
Registration Rights Agreement • November 18th, 2011 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York

THIS REGISTRATION RIGHTS AGREEMENT, among HOST HOTELS & RESORTS, L.P., a Delaware limited partnership (the “Issuer”), the guarantor parties hereto (the “Guarantors”) and J.P. Morgan Securities LLC, Goldman, Sachs & Co., Merrill Lynch, Pierce, Fenner & Smith Incorporated, and Wells Fargo Securities, LLC, as representatives (the “Representatives”) of the several Initial Purchasers listed on Schedule B to the Purchase Agreement (as defined below) (the “Purchasers”).

HOST HOTELS & RESORTS, INC. Common Stock Underwriting Agreement
Underwriting Agreement • April 27th, 2009 • Host Hotels & Resorts, Inc. • Real estate investment trusts • New York

Host Hotels & Resorts, Inc., a Maryland corporation (the “Company”), proposes, subject to the terms and conditions stated herein, to issue and sell to the several underwriters named in Schedule I (the “Underwriters”) an aggregate of 66,000,000 shares (the “ Firm Shares”) of Common Stock, $0.01 par value (“Stock”), of the Company. The Company also proposes to issue and sell to the Underwriters not more than an additional 9,750,000 shares of Stock, par value $0.01 per share (the “Additional Shares”), if and to the extent that you shall have determined to exercise the right to purchase such shares of Stock granted to the Underwriters in Section 2 hereof. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “Shares”.

FORTY-FIRST SUPPLEMENTAL INDENTURE TO AMENDED AND RESTATED INDENTURE
Host Hotels & Resorts, Inc. • November 18th, 2011 • Real estate investment trusts • New York
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