PURCHASE CONTRACT between CHMK OKLAHOMA HOTEL PARTNERS, LLC, a Delaware limited liability company (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation (“BUYER”) Dated: May 15, 2013Purchase Contract • July 18th, 2013 • Apple REIT Ten, Inc. • Real estate investment trusts
HOTEL LEASE AGREEMENT EFFECTIVE MARCH 25, 2011 BETWEEN APPLE TEN NORTH CAROLINA, L.P., A VIRGINIA LIMITED PARTNERSHIP AS LESSOR AND APPLE TEN HOSPITALITY MANAGEMENT, INC. A VIRGINIA CORPORATION AS LESSEEHotel Lease Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
THIS HOTEL LEASE AGREEMENT (hereinafter called “Lease”), effective as of the 25th day of March, 2011, by and between Apple Ten North Carolina, L.P., a Virginia limited partnership (hereinafter called “Lessor”), and Apple Ten Hospitality Management, Inc., a Virginia corporation (hereinafter called “Lessee”), provides as follows:
PURCHASE CONTRACT between Larry G. Blumberg Hayne Hollis Barry Kraselsky Watson & Downs Investments, LLC Blumberg Family – E&M, LLC Blumberg Futures, LLC Hollis & Spann Futures, LLC ("INTEREST OWNERS"), SUNBELT – CNB, LLC ("COMPANY") AND APPLE SUITES...Purchase Contract • August 13th, 2012 • Apple REIT Ten, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this ''Contract'') is made and entered into as of the date set forth in Item 1 of Schedule 1 by and between the persons and entities set forth in Item 2(a) of Schedule 1 (each, an ''Interest Owner'' and, collectively, the ''Interest Owners''), with an address c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; the entity set forth in Item 2(b) of Schedule 1 (the ''Company''), with its principal office c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; and APPLE SUITES REALTY GROUP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (''Buyer'').
ESCROW AGREEMENT (Apple REIT Ten, Inc.)Escrow Agreement • December 20th, 2010 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
THIS ESCROW AGREEMENT, dated as of December 20, 2010 (“Escrow Agreement”), is by and among DAVID LERNER ASSOCIATES, INC., a New York corporation (“Agent”), APPLE REIT TEN, INC., a Virginia corporation (“Company”), and BRANCH BANKING and TRUST Company., a North Carolina corporation, as Escrow Agent hereunder (“Escrow Agent”).
PURCHASE CONTRACT between SCOTTSDALE LODGING INVESTORS, LLC (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation (“BUYER”) Dated: July 13, 2011Purchase Contract • August 12th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
PURCHASE CONTRACT between CHMK COOL SPRINGS HOTEL PARTNERS, LLC, a Delaware limited liability company and CHMK FRANKLIN HOTEL PARTNERS, LLC (each and collectively, “SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation (“BUYER”)...Purchase Contract • July 18th, 2013 • Apple REIT Ten, Inc. • Real estate investment trusts
182,251,082 Units (Common Shares and Series A Preferred Shares) APPLE REIT TEN, INC. Agency Agreement December 20, 2010Agency Agreement • December 20th, 2010 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
Apple REIT Ten, Inc., a Virginia corporation (the “Company”), is a corporation that will elect to qualify as a real estate investment trust pursuant to Sections 856 through 860 of the Internal Revenue Code of 1986, as amended (the “Code”). Subject to the terms and conditions stated herein, the Company proposes to engage David Lerner Associates, Inc. as its managing dealer (the “Agent”) to solicit offers to buy and obtain purchasers for Units, as offered by the Prospectus which is part of the Form S-11 Registration Statement under the Securities Act of 1933 (File No. 333-168971) as filed with the Securities and Exchange Commission. Each Unit refers to one share of common stock, no par value, and one Series A preferred share of the Company registered pursuant to the Registration Statement referred to in the preceding sentence. This will confirm our agreement respecting your engagement as the exclusive agent to solicit offers to buy and obtain purchasers for the Units on a “best efforts”
182,251,082 Units (Common Shares and Series A Preferred Shares) APPLE REIT TEN, INC. Agency AgreementDealer Agreement • August 20th, 2010 • Apple REIT Ten, Inc. • Virginia
ADVISORY AGREEMENT BETWEEN APPLE REIT TEN, INC. AND APPLE TEN ADVISORS, INC.Advisory Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
THIS ADVISORY AGREEMENT, dated as of December 20, 2010, is between APPLE REIT TEN, INC., a Virginia corporation (the “Company”), and APPLE TEN ADVISORS, INC., a Virginia corporation (the “Advisor”).
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • July 13th, 2016 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
FIRST AMENDMENT TO AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of July 13, 2016, by and among APPLE REIT TEN, INC., a Virginia corporation (the “Company”), APPLE HOSPITALITY REIT, INC., a Virginia corporation (“Parent”) and 34 CONSOLIDATED, INC., a Virginia corporation and wholly-owned subsidiary of Parent (“Merger Sub”).
MANAGEMENT AGREEMENT by and between NEWPORT CHARLOTTE MANAGEMENT, LLC as “MANAGER” and APPLE TEN HOSPITALITY MANAGEMENT, INC. as “OWNER” Dated as of March 25, 2011Management Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
THIS MANAGEMENT AGREEMENT (“Agreement”) is executed as of the 25th day of March, 2011 (“Effective Date”), by APPLE TEN HOSPITALITY MANAGEMENT, INC., a Virginia corporation (“Owner”), with a mailing address at c/o Apple REIT Companies, 814 E. Main Street, Richmond, Virginia 23219, Attention: Krissy Gathright, and NEWPORT CHARLOTTE MANAGEMENT, LLC, a Virginia limited liability company (“Manager”), with a mailing address at c/o 4290 New Town Avenue, Williamsburg, Virginia 23188.
PURCHASE CONTRACT between MCKIBBON HOTEL GROUP OF MONTGOMERY, ALABAMA, L.P. (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) And joined in by MCKIBBON LAND HOLDINGS, LLC (“MLH”) Dated: April 12, 2011Escrow Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
Apple Hospitality REIT, Inc. and Apple REIT Ten, Inc. Enter Into Definitive Merger Agreement Combined Portfolio Will Include 234 Hotels in 33 States Combined Enterprise Value of Approximately $5.7 Billion Transaction Maintains Apple Hospitality’s...Definitive Merger Agreement • April 14th, 2016 • Apple REIT Ten, Inc. • Real estate investment trusts
RICHMOND, VA, April 14, 2016 – Apple Hospitality REIT, Inc. (NYSE: APLE, “Apple Hospitality”) and Apple REIT Ten, Inc. (“Apple Ten”), collectively the “Pro Forma Combined Company,” announced today that the boards of directors of both companies have approved a definitive merger agreement under which the companies will create one of the largest select service lodging REITs in the industry. The transaction joins two highly complementary select service hotel portfolios with a combined asset base consisting of 234 hotels with 30,017 guestrooms geographically diversified across 94 MSAs throughout 33 states. The Pro Forma Combined Company will have an enterprise value of approximately $5.7 billion and a total equity market capitalization of approximately $4.4 billion, based on the 20 Day VWAP (volume weighted average price) of Apple Hospitality’s common shares ending April 12, 2016.
TOWNEPLACE SUITES BY MARRIOTT HOTEL RELICENSING FRANCHISE AGREEMENT BETWEEN MARRIOTT INTERNATIONAL, INC. AND APPLE TEN HOSPITALITY MANAGEMENT, INC. Location: 250 East Exchange Blvd., Columbia, SC 29209 Dated as of: March 25, 2011Relicensing Franchise Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts • Maryland
PURCHASE CONTRACT between CHICAGO RIVER ROAD LODGING ASSOCIATES, L.L.C. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) AND RAYMOND MANAGEMENT COMPANY, INC. (“INDEMNITOR”) Dated: May 27, 2011Escrow Agreement • August 12th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
PROPERTY ACQUISITION/DISPOSITION AGREEMENTDisposition Agreement • December 20th, 2010 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
THIS AGREEMENT is made and entered into as of December 20, 2010, by and between Apple REIT Ten, Inc., a Virginia corporation (hereinafter referred to as “Owner”), and Apple Suites Realty Group, Inc., a Virginia corporation (hereinafter referred to as “Agent”).
FRANCHISE LICENSE AGREEMENT HILTON GARDEN INN – DENVER DOWNTOWN (DENVER, COLORADO)Franchise License Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts • New York
PURCHASE CONTRACT between LARRY G. BLUMBERG HAYNE HOLLIS BARRY KRASELSKY WATSON & DOWNS INVESTMENTS, LLC BLUMBERG FAMILY – E&M, LLC BLUMBERG FUTURES, LLC HOLLIS & SPANN FUTURES, LLC (“INTEREST OWNERS”), SUNBELT – TNT, LLC (“COMPANY”) AND APPLE SUITES...Purchase Contract • February 17th, 2012 • Apple REIT Ten, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of the date set forth in Item 1 of Schedule 1 by and between the persons and entities set forth in Item 2(a) of Schedule 1 (each, an “Interest Owner” and, collectively, the “Interest Owners”), with an address c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; the entity set forth in Item 2(b) of Schedule 1 (the “Company”), with its principal office c/o Larry Blumberg & Associates, Inc., 2733 Ross Clark Circle, P.O. Box 5566, Dothan, Alabama 36302; and APPLE SUITES REALTY GROUP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”).
PURCHASE CONTRACT between ONSLOW HOSPITALITY, INC. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: February 4, 2011Purchase Contract • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
LIMITED LIABILITY COMPANY AGREEMENT of CRIPPLE CREEK ENERGY, LLC between EASTERN COLORADO HOLDINGS, LLC, as the Common Member, and APPLE TEN VENTURES SERVICES, INC., as the Preferred Member Dated as of June 6, 2013Limited Liability Company Agreement • July 18th, 2013 • Apple REIT Ten, Inc. • Real estate investment trusts • Delaware
This LIMITED LIABILITY COMPANY AGREEMENT of CRIPPLE CREEK ENERGY, LLC, a Delaware limited liability company (the “Company”), dated as of June 6, 2013, is made by and between EASTERN COLORADO HOLDINGS, LLC, a Delaware limited liability company (together with its permitted successors and assigns, the “Common Member”), and APPLE Ten Ventures Services, Inc., a Virginia corporation (together with its permitted successors and assigns, the “Preferred Member”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 6th, 2016 • Apple REIT Ten, Inc. • Real estate investment trusts • North Carolina
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of April 8, 2016, by and among APPLE TEN HOSPITALITY, INC. (the “Borrower”), each of the Lenders (as defined below) party hereto, and WELLS FARGO BANK, NATIONAL ASSOCIATION, as Administrative Agent (the “Administrative Agent”).
ASSIGNMENT OF PURCHASE CONTRACTAssignment of Purchase Contract • August 13th, 2012 • Apple REIT Ten, Inc. • Real estate investment trusts
THIS ASSIGNMENT (the "Assignment") is made effective as of this 6th day of July, 2012, by and between APPLE SUITES REALTY GROUP, INC., a Virginia corporation ("Assignor"), and APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation ("Assignee").
ASSIGNMENT OF PURCHASE CONTRACTAssignment of Purchase Contract • February 17th, 2012 • Apple REIT Ten, Inc. • Real estate investment trusts
THIS ASSIGNMENT (the “Assignment”) is made effective as of this 8th day of December, 2011, by and between APPLE SUITES REALTY GROUP, INC., a Virginia corporation (“Assignor”), and APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation (“Assignee”).
PURCHASE CONTRACT between KRISHNA HOTEL, INC. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: February 4, 2011Purchase Contract • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
ASSIGNMENT OF CONTRACTAssignment of Contract • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
THIS ASSIGNMENT (the “Assignment”) is made effective as of this 8th day of February, 2011, by and between APPLE SUITES REALTY GROUP, INC., a Virginia corporation (the “Assignor”), and APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation (the “Assignee”).
PURCHASE CONTRACT between INDEPENDENCE HOSPITALITY, INC. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: February 25, 2011Purchase Contract • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
PURCHASE CONTRACT between CHICAGO NORTH SHORE LODGING ASSOCIATES, L.L.C. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) AND RAYMOND MANAGEMENT COMPANY, INC. (“INDEMNITOR”) Dated: May 27, 2011Escrow Agreement • August 12th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
TERMINATION AGREEMENTTermination Agreement • April 14th, 2016 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
This TERMINATION AGREEMENT (this “Agreement”), dated as of April 13, 2016, is entered into by and among Apple Ten Advisors, Inc., a Virginia corporation (“Ten Advisors”), Apple Suites Realty Group, Inc., a Virginia corporation (“ASRG”, and collectively with Ten Advisors, the “Advisors,” or individually, an “Advisor”), Apple REIT Ten, Inc., a Virginia corporation (“Apple Ten”), and Apple Hospitality REIT, Inc., a Virginia Corporation (“Parent”, and collectively with Apple Ten, the “Companies,” or individually a “Company”).
FORM OF UNCONDITIONAL GUARANTYApple REIT Ten, Inc. • August 20th, 2010
THIS INSTRUMENT CONTAINS A CONFESSION OF JUDGMENT PROVISION WHICH CONSTITUTES A WAIVER OF IMPORTANT RIGHTS YOU MAY HAVE AS GUARANTOR AND ALLOWS THE CREDITOR TO OBTAIN A JUDGMENT AGAINST YOU WITHOUT ANY FURTHER NOTICE.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 8th, 2014 • Apple REIT Ten, Inc. • Real estate investment trusts • North Carolina
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) dated as of October 3, 2013 by and among APPLE TEN HOSPITALITY, INC. (the “Borrower”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, individually (the “Lender”) and as Administrative Agent (the “Administrative Agent”).
PURCHASE CONTRACT between OCEANSIDE SEAGATE SPE, LLC (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: October 28, 2011Purchase Contract • November 10th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
PURCHASE CONTRACT between YOGI HOTEL, INC. (“SELLER”) (“SELLER”) AND APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: February 4, 2011Purchase Contract • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
PURCHASE CONTRACT Purchase Contract dated as of February 1, 2011 between 5280 Lodging, LLC and Apple Ten Hospitality Ownership, IncManagement Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts • Virginia
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of the 1st day of February, 2011, by and between 5280 LODGING, LLC, a Colorado limited liability company (“Seller”), with its principal office c/o Stonebridge Companies, 9100 East Panorama Drive, Suite 300, Englewood, Colorado 80112, and APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219, or its affiliates or assigns (“Buyer”).
CONTINUING AND UNCONDITIONAL GUARANTYApple REIT Ten, Inc. • October 20th, 2010 • Real estate investment trusts • Virginia
PURCHASE CONTRACT between KRG/WHITE LS HOTEL, LLC and KITE REALTY/WHITE HOTEL LS OPERATORS, LLC (“SELLER”) and APPLE TEN HOSPITALITY OWNERSHIP, INC. (“BUYER”) Dated: March 1, 2011Management Agreement • May 6th, 2011 • Apple REIT Ten, Inc. • Real estate investment trusts
This PURCHASE CONTRACT (this “Contract”) is made and entered into as of March 1, 2011, by and between KRG/WHITE LS HOTEL, LLC, an Indiana limited liability company (“Fee Owner”), and KITE REALTY/WHITE LS HOTEL OPERATORS, LLC, an Indiana limited liability company (“Lessee”) (collectively, “Seller”) with a principal office at 701 East 83rd Avenue, Merrillville, Indiana 46410 and APPLE TEN HOSPITALITY OWNERSHIP, INC., a Virginia corporation, with its principal office at 814 East Main Street, Richmond, Virginia 23219 (“Buyer”)
