Summit Hotel Properties LLC Sample Contracts

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EXHIBIT 10.11 LOAN AGREEMENT Dated as of December 30, 2004
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC
FIRST AMENDMENT OF LOAN AGREEMENT
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC
ARTICLE I LINE OF CREDIT
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC • Nebraska
EXHIBIT 10.23 LOAN AGREEMENT BY AND BETWEEN SUMMIT HOTEL PROPERTIES, LLC, A SOUTH DAKOTA LIMITED LIABILITY COMPANY
Loan Agreement • June 21st, 2006 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • Illinois
FOURTH AMENDMENT OF LOAN AGREEMENT
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC
FIRST AMENDMENT OF LOAN AGREEMENT
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC
THIRD AMENDMENT OF LOAN AGREEMENT
Loan Agreement • May 1st, 2006 • Summit Hotel Properties LLC
LOAN AGREEMENT
Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • Arizona

THIS LOAN AGREEMENT (this “Agreement”) is made as of December 21, 2007 (the “Closing Date”), by and between GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), and SUMMIT HOSPITALITY V, LLC, a South Dakota limited liability company (“Borrower”).

ARTICLE ONE DEFINITIONS
Hotel Management Agreement • May 1st, 2006 • Summit Hotel Properties LLC • South Dakota
LOAN AGREEMENT
Loan Agreement • November 14th, 2006 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • Wisconsin

THIS LOAN AGREEMENT (“Loan Agreement”) is made and entered into as of this 25th day of July, 2006, by and between M&I MARSHALL & ILSLEY BANK (“Lender”) and SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (the “Borrower”).

THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT
Forbearance Agreement • May 7th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York

This THIRD AMENDED AND RESTATED FORBEARANCE AGREEMENT is dated as of May 3, 2010 (the “Effective Date”), by and among DRAWBRIDGE SPECIAL OPPORTUNITIES FUND LP and FORTRESS CREDIT OPPORTUNITIES I LP (collectively, “Fortress”) and ETON PARK FUND, L.P., and ETON PARK CLO MANAGEMENT 2 (collectively “Eton Park” and together with Fortress, collectively “Lender”), and SUMMIT HOTEL PROPERTIES, LLC a South Dakota limited liability company, as borrower (“Borrower”), each SHP Subsidiary signatory hereto, and The Summit Group, Inc. (“Guarantor” together with Borrower and each SHP Subsidiary, collectively, the “Borrower Parties” and each a “Borrower Party”).

SECOND AMENDED AND RESTATED LOAN AGREEMENT
Second Amended and Restated Loan Agreement • August 24th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • Nebraska

THIS SECOND AMENDED AND RESTATED LOAN AGREEMENT ("Agreement") is entered into as of August 15, 2010 by and between FIRST NATIONAL BANK OF OMAHA, a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, Union Bank & Trust Company, a Nebraska State Banking Corporation (“Union”) as a Lender, and the other Lenders a party hereto from time to time, and SUMMIT HOTEL PROPERTIES, LLC ("Summit Hotel"), a South Dakota limited liability company and SUMMIT HOSPITALITY V, LLC ("Summit Hospitality"), a South Dakota limited liability company. First National, Union and the other lenders a party hereto from time to time may be hereinafter collectively referred to as the “Lenders” and individually as a "Lender". Summit Hotel and Summit Hospitality may be collectively referred to hereinafter as the "Borrowers" and individually as a "Borrower". The Administrative Agent and the Collateral Agent for the Lenders may be hereinafter collectively

THIRD AMENDED AND RESTATED OPERATING AGREEMENT FOR SUMMIT HOTEL PROPERTIES, LLC
Operating Agreement • May 1st, 2006 • Summit Hotel Properties LLC • South Dakota
FIRST MODIFICATION OF LOAN AGREEMENT
First Modification of Loan Agreement • May 15th, 2007 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS FIRST MODIFICATION OF LOAN AGREEMENT is made and entered into on April 24, 2007 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (“Borrower”), and ING LIFE INSURANCE AND ANNUITY COMPANY, a Connecticut corporation (“Lender”).

MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT
Note and Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT is made and entered into on November 28, 2007 by and between SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (“Borrower”), and ING LIFE INSURANCE AND ANNUITY COMPANY, a Connecticut corporation (“Lender”).

FIRST AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • July 12th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places

THIS FIRST AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT (“Amendment”) is made this 24th day of June, 2010 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, and Union Bank & Trust Company, a Nebraska state banking corporation (“Union”), and amends that certain First Amended and Restated Loan Agreement dated August 31, 2009 among Borrowers, Agent and the Lenders party thereto (as amended, the “Loan Agreement”).

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AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • May 20th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • New York
SECOND AMENDMENT OF LOAN AGREEMENT
Loan Agreement • March 30th, 2007 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS SECOND AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 4th day of April, 2006 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Borrower”), First National Bank of Omaha, a national banking association (“First National”) as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), Bremer Bank, National Association, a national banking association (“Bremer”) and Bankers Trust Company, N.A. (“Bankers Trust”), and amends that certain Loan Agreement dated June 24, 2005 among Borrower, First National, M & I and Bank Midwest (“Loan Agreement”).

SECOND AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • July 12th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places

THIS SECOND AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT (“Amendment”) is made this 24th day of June, 2010 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), and Bankers Trust Company (“Bankers Trust”), and amends that certain First Amended and Restated Loan Agreement dated August 31, 2009 among Borrowers, Agent and the Lenders party thereto (as amended, the “

FIRST AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • May 20th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places

THIS FIRST AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT (“Amendment”) is made this 14th day of May, 2010 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), and Bankers Trust Company, N.A. (“Bankers Trust”), and amends that certain First Amended and Restated Loan Agreement dated August 31, 2009 among Borrowers, Agent and the Lenders party thereto (as amended, t

FIFTH AMENDMENT OF LOAN AGREEMENT
Loan Agreement • March 30th, 2007 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS FIFTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 12th day of April, 2006 by Summit Hotel Properties, LLC, a South Dakota limited liability company (“Borrower”) and First National Bank of Omaha, a national banking association (“Bank”) and amends that certain Loan Agreement dated July 20, 2004 between Borrower and Bank (“Loan Agreement”).

THIRD AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT
Loan Agreement • July 29th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places

THIS THIRD AMENDMENT OF FIRST AMENDED AND RESTATED LOAN AGREEMENT (“Amendment”) is made this 24th day of July, 2010 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), and Bankers Trust Company (“Bankers Trust”), and amends that certain First Amended and Restated Loan Agreement dated August 31, 2009 among Borrowers, Agent and the Lenders party thereto (as amended, the “L

FOURTH AMENDMENT OF LOAN AGREEMENT
Fourth Amendment of Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS FOURTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 25th day of October, 2007 among Summit Hotel Properties, LLC, a South Dakota limited liability company (“Summit Hotel”), Summit Hospitality V, LLC, a South Dakota limited liability company (“Summit Hospitality”) (Summit Hotel and Summit Hospitality may be collectively referred to as “Borrowers”), First National Bank of Omaha, a national banking association (“First National”) as a Lender, Administrative Agent and Collateral Agent for the Lenders, M & I Marshall & Ilsley Bank, a national banking association (“M & I”), Bank Midwest, N.A. (“Bank Midwest”), Crawford County Trust & Savings, a state banking association (“Crawford”), Quad City Bank & Trust Co., a state banking association (“Quad City”), and Bankers Trust Company, N.A. (“Bankers Trust”), and amends that certain Loan Agreement dated June 24, 2005 among Borrower, First National, M & I and Bank Midwest (“Loan Agreement”).

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • March 31st, 2009 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • Arizona

This LOAN MODIFICATION AGREEMENT (the “Modification”) is entered into as of December , 2008, by and between GENERAL ELECTRIC CAPITAL CORPORATION, a Delaware corporation (“Lender”), whose address is 8377 East Hartford Drive, Suite 200, Scottsdale, Arizona 85255-5401, and SUMMIT HOTEL PROPERTIES, LLC, a South Dakota limited liability company (“Borrower”), whose address 2701 S. Minnesota Ave., Ste. 6, Sioux Falls, SD 57105.

MANAGEMENT AGREEMENT
Management Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places • South Dakota

THIS HOTEL MANAGEMENT AGREEMENT (the “Agreement” or “Hotel Management Agreement”) made and entered into as of this 12th day of April, 2007, by and between Summit Hospitality V, LLC a South Dakota limited liability company (hereinafter referred to as “Owner”), and The Summit Group, Inc., a South Dakota corporation, acting on its own behalf, (hereinafter referred to as “Manager”).

AGREEMENT AND PLAN OF MERGER SUMMIT HOTEL PROPERTIES, LLC SUMMIT HOTEL OP, LP
Agreement and Plan of Merger • August 11th, 2010 • Summit Hotel Properties, LLC • Hotels, rooming houses, camps & other lodging places • Delaware

AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of August 5, 2010 by and between Summit Hotel Properties, LLC, a South Dakota limited liability company (the “LLC”), and Summit Hotel OP, LP, a Delaware limited partnership (the “OP”).

NINTH AMENDMENT OF LOAN AGREEMENT
Loan Agreement • March 31st, 2008 • Summit Hotel Properties LLC • Hotels, rooming houses, camps & other lodging places

THIS NINTH AMENDMENT OF LOAN AGREEMENT (“Amendment”) is made this 25th day of October, 2007 by Summit Hotel Properties, LLC (“Summit Hotel”), a South Dakota limited liability company, Summit Hospitality V, LLC (“Summit Hospitality”), a South Dakota limited liability company and First National Bank of Omaha, a national banking association (“Bank”) and amends that certain Loan Agreement dated July 20, 2004 between Summit Hotel and Bank (“Loan Agreement”).

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