FORM OF INDEMNIFICATION AGREEMENTForm of Indemnification Agreement • November 1st, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Maryland
THIS INDEMNIFICATION AGREEMENT (“Agreement”) is made and entered into as of the _____ day of __________, 20____, by and between Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and ________________________ (“Indemnitee”).
CREDIT AGREEMENT Dated as of April 29, 2011 among SUMMIT HOTEL OP, LP, as Borrower, SUMMIT HOTEL PROPERTIES, INC., as Parent Guarantor, THE OTHER GUARANTORS NAMED HEREIN, as Subsidiary Guarantors, THE INITIAL LENDERS, INITIAL ISSUING BANK AND SWING...Credit Agreement • May 2nd, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT dated as of April 29, 2011 (this “Agreement”) among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Borrower”), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Parent Guarantor”), the entities listed on the signature pages hereof as the subsidiary guarantors (together with any Additional Guarantors (as hereinafter defined) acceding hereto pursuant to Section 5.01(j) or 7.05, the “Subsidiary Guarantors” and, together with the Parent Guarantor, the “Guarantors”), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the “Initial Lenders”), the Swing Line Bank (as hereinafter defined), DEUTSCHE BANK AG NEW YORK BRANCH (“DBNY”), as the initial issuer of Letters of Credit (as hereinafter defined) (the “Initial Issuing Bank”), DBNY, as administrative agent (together with any successor administrative agent appointed pursuant to Article VIII, the “Administrative Agent”) for the Lende
EMPLOYMENT AGREEMENTEmployment Agreement • April 28th, 2021 • Summit Hotel Properties, Inc. • Real estate investment trusts • Texas
THIS EMPLOYMENT AGREEMENT, effective as of May 17, 2021, is between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and WILLIAM CONKLING (the “Executive”).
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 27th, 2022 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT dated as of December 6, 2018 (as amended by the First Amendment to Credit Agreement dated as of May 7, 2020, the Second Amendment to Credit Agreement dated as of January 6, 2021, the Third Amendment to Credit Agreement dated as of February 5, 2021, the Limited Waiver and Fourth Amendment to Credit Agreement dated as of November 1, 2021, the Fifth Amendment to Credit Agreement dated as of July 21, 2022, and as it may be further amended, modified, renewed, restated, replaced or extended pursuant to the terms hereof, this “Agreement”) among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Borrower”), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Parent” or the “Parent Guarantor”), the entities listed on the signature pages hereof as the subsidiary guarantors (together with any Additional Guarantors (as hereinafter defined) acceding hereto pursuant to Section 5.01(j), 5.01(x) or 7.05, the “Subsidiary Guarantors” and, together with the Parent Guaranto
EMPLOYMENT AGREEMENTEmployment Agreement • December 22nd, 2020 • Summit Hotel Properties, Inc. • Real estate investment trusts • Texas
THIS EMPLOYMENT AGREEMENT, effective as of January 15, 2021, is between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and JONATHAN P. STANNER (the “Executive”).
SUMMIT HOTEL PROPERTIES, INC. Common Stock ($0.01 par value per share) Sales AgreementSales Agreement • May 25th, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
Each of Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and Summit Hotel OP, LP, a Delaware limited partnership (the “Operating Partnership”), confirms its respective agreement (this “Agreement”) with [·] (the “Agent”), as follows:
0.01 par value per share) Sales AgreementTerms Agreement • August 2nd, 2016 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
Each of Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and Summit Hotel OP, LP, a Delaware limited partnership (the “Operating Partnership”), confirms its respective agreement (this “Agreement”) with Canaccord Genuity Inc. (the “Agent”), as follows:
SUMMIT HOTEL PROPERTIES, INC. Common Stock ($0.01 par value per share) At Market Issuance Sales AgreementSummit Hotel Properties, Inc. • February 28th, 2013 • Real estate investment trusts • New York
as Joint BookrunnersCredit Agreement • June 27th, 2023 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
SUMMIT HOTEL PROPERTIES, INC. COMMON STOCK ($0.01 PAR VALUE PER SHARE) EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • May 10th, 2022 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
To Robert W. Baird Incorporated 777 E. Wisconsin Avenue Milwaukee, Wisconsin 53202 BMO Capital Markets Corp. 151 W 42nd Street New York, New York 10036
SEVERANCE AGREEMENTSeverance Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS SEVERANCE AGREEMENT, effective as of , 2010, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and JoLynn M. Sorum (the “Executive”), recites and provides as follows:
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 4th, 2021 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
CREDIT AGREEMENT dated as of October 8, 2019 (this “Agreement”) among SUMMIT JV MR 1, LLC, a Delaware limited liability company (the “Borrower”), Summit Hospitality JV, LP, certain Subsidiaries from time to time party hereto, as Guarantors, the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the “Initial Lenders”), BANK OF AMERICA, N.A., as administrative agent (together with any successor administrative agent appointed pursuant to Article VIII, the “Administrative Agent”) for the Lenders (as hereinafter defined).
SUMMIT HOTEL PROPERTIES, INC.Underwriting Agreement • August 11th, 2021 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and Summit Hotel OP, LP, a Delaware limited partnership (the “Operating Partnership”), propose that the Company will issue and sell to the several Underwriters named in Schedule I annexed hereto (collectively, the “Underwriters”, which term shall also include any underwriter substituted as hereinafter provided in Section 9 hereof), for whom you are acting as representatives (the “Representatives”), 4,000,000 shares of the 5.875% Series F Preferred Stock, $0.01 par value per share, of the Company (the “Firm Shares”).
FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP (a Delaware limited partnership)Summit Hotel Properties, Inc. • September 23rd, 2010 • Real estate investment trusts • Delaware
Summit Hotel OP, LP (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware effective as of June 30, 2010 and an Agreement of Limited Partnership entered into as of June 28, 2010, by and between Summit Hotel Properties, Inc., a Maryland corporation (the “General Partner”), and Summit Hotel Properties, Inc. (the “Original Limited Partner”). This First Amended and Restated Agreement of Limited Partnership is entered into this day of , 2010 among the General Partner and the Limited Partners set forth on Exhibit A hereto, for the purpose of amending and restating the Agreement of Limited Partnership.
AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP a Delaware limited partnership dated as of February 14, 2011Summit Hotel Properties, Inc. • February 28th, 2012 • Real estate investment trusts • Delaware
Summit Hotel OP, LP (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on June 30, 2010 and an Agreement of Limited Partnership entered into as of June 30, 2010 by Summit Hotel Properties, Inc., a Maryland corporation (“Summit REIT”), as the original general partner, and Summit REIT, as the original limited partner of the Partnership. On December 7, 2010, a Certificate of Amendment to the Certificate of Limited Partnership was filed with the Secretary of State of the State of Delaware to reflect the withdrawal of Summit REIT as the original general partner of the Partnership and the admission of Summit Hotel GP, LLC, a Delaware limited liability company, as the successor general partner of the Partnership effective as of November 30, 2010. This First Amended and Restated Agreement of Limited Partnership is entered into this 14th day o
LOAN MODIFICATION AGREEMENTLoan Modification Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Utah
This LOAN MODIFICATION AGREEMENT (the “Modification”) is entered into as of February 14, 2011, by and between the lender(s) (“Lender”) listed on Exhibit A (the “Loan Schedule”) and the borrower(s) listed on the Loan Schedule. References in this Modification to “Lender” and “Borrower” shall be construed to mean and refer to each Lender and each Borrower, respectively, listed on the Loan Schedule.
SECOND LOAN MODIFICATION AGREEMENTSecond Loan Modification Agreement • August 15th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Arizona
This SECOND LOAN MODIFICATION AGREEMENT (the “Modification”) is entered into as of August 12, 2011, by and between the lender(s) (“Lender”) listed on Exhibit A (the “Loan Schedule”) and the borrower, and pledgor listed on the Loan Schedule. References in this Modification to “Lender”, “Borrower”, and “Pledgor” shall be construed to mean and refer to each Lender, each Borrower, each Pledgor respectively, listed on the Loan Schedule.
SECOND AMENDED AND RESTATED LOAN AGREEMENTSecond Amended and Restated Loan Agreement • March 31st, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • 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, N.A., a national banking association ("First National") as a Lender, Administrative Agent and Collateral Agent for the Lenders, Bank Midwest, N.A., a national banking association (“Bank Midwest”) as a Lender, Crawford County Trust & Savings, a State banking association ("Crawford County") as a Lender, Quad City Bank & Trust Co., a State banking association ("Quad City") as a Lender, M & I Marshall & Ilsley Bank, a national banking association (“M & I”) as a Lender, Bankers Trust Company (“Bankers Trust”) 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, Bank Midwest, Crawford County, Quad City, M & I, Bankers Trust and the ot
Underwriting AgreementUnderwriting Agreement • May 15th, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
Summit Hotel Properties, Inc., a Maryland corporation (the “Company”), and Summit Hotel OP, LP, a Delaware limited partnership (the “Operating Partnership”), propose that the Company will issue and sell to the several Underwriters named in Schedule I annexed hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), 9,000,000 shares of common stock, $0.01 par value per share (the “Common Stock”), of the Company (the “Firm Shares”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 8th, 2021 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of February 5, 2021 among Summit Hotel OP, LP, a Delaware limited partnership (the “Borrower”), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Parent Guarantor”), the subsidiaries of the Borrower party hereto (the “Subsidiary Guarantors” and together with the Parent Guarantor, the “Guarantors”), Deutsche Bank AG New York Branch, as administrative agent (the “Administrative Agent”) for the financial institutions party to the Credit Agreement referred to below (collectively, the “Lender Parties”), and the Required Lenders (as defined below).
REAL ESTATE PURCHASE AND SALE AGREEMENT by and among THE SELLERS LISTED ON SCHEDULE 1 ATTACHED HERETO, SUMMIT HOTEL OP, LP and AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT, LLC Dated as of June 2, 2015Real Estate Purchase and Sale Agreement • August 3rd, 2015 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this “Agreement”) is made as of the 2nd day of June, 2015 (the “Effective Date”), by and among the sellers listed on Schedule 1 attached hereto (each, a “Seller” and collectively, “Sellers”), Summit Hotel OP, LP, a Delaware limited partnership (“Summit”), and American Realty Capital Hospitality Portfolio SMT, LLC, a Delaware limited liability company (“Purchaser”).
FIRST AMENDMENT TO LOAN AGREEMENTLoan Agreement • January 13th, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
This FIRST AMENDMENT TO LOAN AGREEMENT, dated as of January 12, 2017 (this “Amendment”) is made between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Borrower”) and Summit Hotel OP, LP (the “Lender”).
CONTRIBUTION AGREEMENT BY AND BETWEEN GARY THARALDSON as the Contributor, AND SUMMIT HOTEL OP, LP, a Delaware limited partnership, as the AcquirerContribution Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is made as of the ___ day of _____________, 2010 by and between GARY THARALDSON, individually (the “Contributor”); and SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Acquirer”).
FIRST MODIFICATION OF LOAN AGREEMENTFirst Modification of Loan Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts
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”).
THIRD AMENDMENT TO THE FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP DESIGNATION OF 7.875% SERIES B CUMULATIVE REDEEMABLE PREFERRED UNITS December 7, 2012Summit Hotel Properties, Inc. • December 7th, 2012 • Real estate investment trusts
Pursuant to Article XI of the First Amended and Restated Agreement of Limited Partnership of Summit Hotel OP, LP (the “Initial Partnership Agreement”), as amended by the First Amendment to the Initial Partnership Agreement, dated as of October 26, 2011 (the “First Amendment”), as further amended by the Second Amendment to the Initial Partnership Agreement, dated as of April 11, 2012 (the “Second Amendment” and, together with the Initial Partnership Agreement and the First Amendment, the “Partnership Agreement”), the General Partner hereby amends the Partnership Agreement as follows in connection with the issuance of 2,700,000 shares (3,000,000 shares in the event the underwriters exercise in full their over-allotment option to purchase an additional 300,0000 shares) of 7.875% Series B Cumulative Redeemable Preferred Stock, $0.01 par value per share (the “Series B Preferred Stock”), of Summit Hotel Properties, Inc. (“Summit REIT”) and the issuance to the General Partner of Series B Pref
SUMMIT HOTEL PROPERTIES, INC. Stock Award Agreement (Performance-Based Shares)Stock Award Agreement • May 6th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
This Stock Award Agreement (this “Agreement”), dated the __ day of ___, 2013 and made effective as of March 1, 2013, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and _______ (the “Participant”), is made pursuant to the terms of the Summit Hotel Properties, Inc. 2011 Equity Incentive Plan (the “Plan”). All terms that are defined in the Plan and used herein shall have the same meaning given them in the Plan and the terms Change in Control,” “Control Change Date,” “Disability,” “Termination Without Cause” and “Voluntary Termination for Good Reason” shall have the meaning given them in the Employment Agreement between the Company and the Participant effective as of February 14, 2011. In addition, certain capitalized terms used in this Agreement have the meanings specified in Section 13 of this Agreement.
TAX PROTECTION AGREEMENTTax Protection Agreement • November 1st, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Delaware
THIS TAX PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of __________, 2010 by and among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Partnership”), and _______________, a Class___ member (the “Member”) in Summit Hotel Properties, LLC, a South Dakota limited liability company (the “Merging Entity”).
LOAN AGREEMENTLoan Agreement • January 13th, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
This LOAN AGREEMENT, dated as of January 12, 2017 (as amended, supplemented or otherwise modified, this “Agreement”) is made between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Borrower”) and Summit Hotel OP, LP (the “Lender”).
MODIFICATION OF PROMISSORY NOTE AND LOAN AGREEMENT 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...Note and Loan Agreement • September 23rd, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts
WHEREAS, Lender made a loan (the “Loan”) to Borrower evidenced by that certain Promissory Note dated June 15, 2006 made by Borrower to the order of Lender in the original principal amount of $36,600,800.00 (the “Note”); and
AMERICAN REALTY CAPITAL HOSPITALITY PORTFOLIO SMT ALT, LLC c/o American Realty Hospitality Trust, Inc. New York, NY 10022Reinstatement Agreement • January 13th, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts
Reference is made to that certain Real Estate Purchase and Sale Agreement, dated as of June 2, 2015, by and among the sellers listed on Schedule 1 attached thereto (each a “Seller” and collectively the “Sellers”), Summit Hotel OP, LP (“Summit”) and American Realty Capital Hospitality Portfolio SMT, LLC (the “Original Purchaser”), as amended pursuant to that certain letter agreement dated as of July 15, 2015 (the “July 15 Letter Agreement”), that certain letter agreement dated as of August 21, 2015 (the “August 21 Letter Agreement”), that certain letter agreement dated as of October 20, 2015 (the “October 20 Letter Agreement”), that certain extension notice dated as of October 26, 2015 (the “Extension Notice”), that certain reinstatement agreement dated as of February 11, 2016 (the “Reinstatement Agreement”), that certain letter agreement dated as of December 30, 2016 (the “December 30 Letter Agreement”) and that certain letter agreement dated as of January 10, 2017 (the “January 10 Let
LOAN AGREEMENTLoan Agreement • February 16th, 2016 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York
LOAN AGREEMENT, dated as of February 11, 2016 (as amended, supplemented or otherwise modified, this “Agreement”) is made between American Realty Capital Hospitality Trust, Inc., a Maryland corporation (the “Borrower”) and Summit Hotel OP, LP (the “Lender”).
SUMMIT HOTEL PROPERTIES, INC. Stock Award Agreement (Service-Based Shares)Stock Award Agreement • May 6th, 2013 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota
This Stock Award Agreement (this “Agreement”), dated the __ day of ___, 20__ and made effective as of March 1, 2013, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and _______ (the “Participant”), is made pursuant to the terms of the Summit Hotel Properties, Inc. 2011 Equity Incentive Plan (the “Plan”). All terms that are defined in the Plan and used herein shall have the same meaning given them in the Plan and the terms “Termination Without Cause,” “Voluntary Termination for Good Reason” and “Disability” shall have the meaning given them in the Employment Agreement between the Company and the Participant effective as of February 14, 2011.
FORM OF HOTEL MANAGEMENT AGREEMENTHotel Management Agreement • November 1st, 2010 • Summit Hotel Properties, Inc. • Real estate investment trusts • Maryland
THIS AMENDED AND RESTATED HOTEL MANAGEMENT AGREEMENT (this “Agreement”) is made as of the ___ day of ____________, 2010, between the lessee entities set forth on Exhibit A attached hereto and made a part hereof (collectively, “Owner”) and INTERSTATE MANAGEMENT COMPANY, LLC (“Operator”), a Delaware limited liability company.
CREDIT AGREEMENT Dated as of September 26, 2017 among SUMMIT HOTEL OP, LP, as Borrower, SUMMIT HOTEL PROPERTIES, INC., as Parent Guarantor, THE OTHER GUARANTORS NAMED HEREIN, as Subsidiary Guarantors, THE INITIAL LENDERS NAMED HEREIN, as Initial...Credit Agreement • October 2nd, 2017 • Summit Hotel Properties, Inc. • Real estate investment trusts
CREDIT AGREEMENT dated as of September 26, 2017 (this “Agreement”) among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Borrower”), SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Parent” or the “Parent Guarantor”), the entities listed on the signature pages hereof as the subsidiary guarantors (together with any Additional Guarantors (as hereinafter defined) acceding hereto pursuant to Section 5.01(j), 5.01(x) or 7.05, the “Subsidiary Guarantors” and, together with the Parent Guarantor, the “Guarantors”), the banks, financial institutions and other institutional lenders listed on the signature pages hereof as the initial lenders (the “Initial Lenders”), KEYBANK NATIONAL ASSOCIATION (“KeyBank”), as administrative agent (together with any successor administrative agent appointed pursuant to Article VIII, the “Administrative Agent” or “Agent”) for the Lender Parties (as hereinafter defined), DEUTSCHE BANK AG NEW YORK BRANCH (“Deutsche Bank”) and BANK OF AMERICA, N.A
SEPARATION AGREEMENT AND MUTUAL GENERAL RELEASESupplemental Mutual General Release Agreement • January 26th, 2018 • Summit Hotel Properties, Inc. • Real estate investment trusts • Texas
This SEPARATION AGREEMENT AND MUTUAL GENERAL RELEASE (this "Agreement") dated as of January 24, 2018 is by and between Greg A. Dowell ("Executive") and Summit Hotel Properties, Inc., a Maryland corporation (the "Company").
