FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 26th, 2015 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of November 18, 2013, among EXTENDED STAY AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS LENDING PARTNERS LLC, CITIBANK, N.A., BANK OF AMERICA, N.A., BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
FOURTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 20th, 2019 • ESH Hospitality, Inc. • Hotels & motels • New York
This CREDIT AGREEMENT is entered into as of August 30, 2016, among ESH HOSPITALITY INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto from time to time, DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent, each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”) and each L/C Issuer.
CREDIT AGREEMENT Dated as of August 30, 2016, among ESH HOSPITALITY, INC., as the Borrower, THE OTHER GUARANTORS PARTY HERETO FROM TIME TO TIME, DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent, Collateral Agent and L/C Issuer, and THE OTHER...Credit Agreement • September 1st, 2016 • ESH Hospitality, Inc. • Hotels & motels • New York
This CREDIT AGREEMENT is entered into as of August 30, 2016, among ESH HOSPITALITY INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto from time to time, DEUTSCHE BANK AG NEW YORK BRANCH, as Administrative Agent and Collateral Agent, each lender from time to time party hereto (collectively, the “Lenders” and, individually, a “Lender”) and each L/C Issuer.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 20th, 2019 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of August 30September 18, 20169, among EXTENDED STAY AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK SECURITIES INC., JPMORGAN CHASE BANK, N.A., GOLDMAN SACHS BANK USA, CITIGROUP GLOBAL MARKETS INC., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as syndication agents (in such capacities, the “Syndication Agents”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent.
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 4th, 2014 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of November 18, 2013, among ESH HOSPITALITY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK AG NEW YORK BRANCHSECURITIES INC., GOLDMAN SACHS LENDING PARTNERS LLC, CITIBANK, N.A., BANK OF AMERICA, N.A., BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
Extended Stay America, Inc. ESH Hospitality, Inc. 25,000,000 Shares Underwriting AgreementESH Hospitality, Inc. • June 5th, 2017 • Hotels & motels • New York
Certain stockholders named in Schedule 2 hereto (the “Selling Stockholders”) of Extended Stay America, Inc., a Delaware corporation (the “Corporation”), and ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”), propose to sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), (i) an aggregate of 25,000,000 shares of common stock, par value $0.01 per share (“Corporation Stock”), of the Corporation (the “Corporation Shares”) and (ii) an aggregate of 25,000,000 shares of Class B common stock, par value $0.01 per share (“ESH REIT Stock”), of ESH REIT (the “ESH REIT Shares,” and, as paired with the Corporation Shares, the “Shares”). Each Corporation Share and ESH REIT Share will be offered to the public in the form of a unit consisting of one Corporation Share and one ESH REIT Share, which are “paired” for transfer and trading purposes pursuant to the Pairing Agreement, dated as of November
CREDIT AGREEMENT among EXTENDED STAY AMERICA, INC., as Borrower, The Several Lenders from Time to Time Party Hereto, DEUTSCHE BANK SECURITIES INC., JPMORGAN CHASE BANK, N.A., GOLDMAN SACHS BANK USA, CITIGROUP GLOBAL MARKETS INC., MERRILL LYNCH,...Security Agreement • September 1st, 2016 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of August 30, 2016, among EXTENDED STAY AMERICA, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK SECURITIES INC., JPMORGAN CHASE BANK, N.A., GOLDMAN SACHS BANK USA, CITIGROUP GLOBAL MARKETS INC., MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED, BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as syndication agents (in such capacities, the “Syndication Agents”), and DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent.
AMENDED & RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 17th, 2014 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS AMENDED AND RESTATED EMPLOYMENT AGREEMENT (hereinafter referred to as this “Agreement” or the “Employment Agreement”) is made and entered into as of December 16, 2014 between ESA Management, LLC, a Delaware limited liability company (the “Company”), and Jonathan Halkyard (the “Employee”).
AMENDED AND RESTATED LEASE AGREEMENT DATED AS OF OCTOBER 31, 2018 BY AND BETWEEN ESA UD PROPERTIES L.L.C. AS LANDLORD AND ESA 2007 OPERATING LESSEE INC. AS TENANTLease Agreement • October 31st, 2018 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS AMENDED AND RESTATED LEASE AGREEMENT (this “Lease”) is entered into as of October 31, 2018 to be effective as of November 1, 2018, by and between ESA UD PROPERTIES L.L.C., a Delaware limited liability company (“Landlord”), and ESA 2007 OPERATING LESSEE INC., a Delaware corporation (“Tenant”).
INDEMNIFICATION AGREEMENTIndemnification Agreement • November 8th, 2013 • ESH Hospitality, Inc. • Hotels & motels • Delaware
This Indemnification Agreement (“Agreement”) is made as of [—] by and between ESH Hospitality, Inc., a Delaware corporation (the “Corporation”) and [—] (“Indemnitee”).
LEASE AGREEMENT DATED AS OF OCTOBER 8, 2010 BY AND BETWEEN ESA P PORTFOLIO L.L.C., ESA P PORTFOLIO MD TRUST, AND ESH/TN PROPERTIES L.L.C. INDIVIDUALLY AND COLLECTIVELY AS LANDLORD AND ESA P PORTFOLIO OPERATING LESSEE INC. AS TENANTLease Agreement • October 31st, 2013 • ESH Hospitality LLC • Hotels & motels • New York
THIS LEASE AGREEMENT (this “Lease”) is entered into as of October 8, 2010, by and between ESA P PORTFOLIO L.L.C., a Delaware limited liability company, ESA P PORTFOLIO MD TRUST, a Delaware statutory trust, and ESH/TN PROPERTIES L.L.C., a Delaware limited liability company (individually and collectively, “Landlord”), and ESA P PORTFOLIO OPERATING LESSEE INC., a Delaware corporation (“Tenant”).
RESTRICTED PAIRED SHARE AGREEMENTRestricted Paired Share Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • Delaware
THIS RESTRICTED PAIRED SHARE AGREEMENT (this “Agreement”) is entered into by and among ESH Hospitality Holdings, LLC, a Delaware limited liability company (“Holdings”), Extended Stay America, Inc., a Delaware corporation (the “Company”) and ESH Hospitality, Inc., a Delaware Corporation (“ESH REIT”) as of November 12, 2013.
MANAGEMENT AGREEMENT between ESA CANADA OPERATING LESSEE ULC (LESSEE) and ESA MANAGEMENT, LLC (MANAGER) and HVM CANADA HOTEL MANAGEMENT ULC (CANADA EMPLOYER) November 11, 2013Management Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 11, 2013 by and between ESA CANADA OPERATING LESSEE ULC (f/k/a ESA Canada Operating Lessee Inc. and BRE/ESA Canada Lessee Inc.), a British Columbia unlimited liability corporation (“Lessee”), ESA MANAGEMENT, LLC, a Delaware limited liability company (“Manager”), and HVM CANADA HOTEL MANAGEMENT ULC, an Alberta unlimited liability corporation (“Canada Employer”, and together with Manager, collectively, the “Management Parties”).
MANAGEMENT AGREEMENT between ESA 2007 OPERATING LESSEE LLC (LESSEE) and ESA MANAGEMENT, LLC (MANAGER) November 11, 2013Management Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 11, 2013 by and between ESA 2007 OPERATING LESSEE LLC (f/k/a ESA 2007 Operating Lessee Inc.), a Delaware limited liability company (“Lessee”), and ESA MANAGEMENT, LLC, a Delaware limited liability company (“Manager”).
AMENDED & RESTATED EXTENDED STAY AMERICA, INC. LONG-TERM INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENT (Time-Vesting)Restricted Stock Unit Agreement • July 30th, 2015 • ESH Hospitality, Inc. • Hotels & motels • Delaware
THIS AWARD AGREEMENT (the “Agreement”) is made effective as of [ ], 2015, between Extended Stay America, Inc. (the “Company”), a Delaware corporation, and (the “Grantee”). Capitalized terms used but not defined in this Agreement shall have the meaning attributed to such terms under the Plan.
MANAGEMENT AGREEMENT between ESA P PORTFOLIO OPERATING LESSEE LLC (LESSEE) and ESA MANAGEMENT, LLC (MANAGER) November 11, 2013Management Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS MANAGEMENT AGREEMENT (this “Agreement”) is made as of November 11, 2013 by and between ESA P PORTFOLIO OPERATING LESSEE LLC (f/k/a ESA P Portfolio Operating Lessee Inc. (f/ka BRE/ESA P Portfolio Operating Lessee Inc.)), a Delaware limited liability company (“Lessee”), and ESA MANAGEMENT, LLC, a Delaware limited liability company (“Manager”).
REGISTRATION RIGHTS AGREEMENT among EXTENDED STAY AMERICA, INC., ESH HOSPITALITY, INC., and THE OTHER PARTIES LISTED HEREIN Dated: November 18, 2013Registration Rights Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • New York
This REGISTRATION RIGHTS AGREEMENT, dated as of November 18, 2013 (this “Agreement”), is entered into by and among Extended Stay America, Inc., a Delaware corporation (“Extended Stay”), ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”), the Centerbridge Parties, the Paulson Parties, the Blackstone Parties (together with the Centerbridge Parties and the Paulson Parties, the “Investors”) and such other Persons as shall hereafter become parties hereto pursuant to this Agreement. All initially capitalized terms shall have the respective meanings ascribed to them in Section 1(a) below or elsewhere in this Agreement as specified in that Section.
PAIRING AGREEMENTPairing Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • Delaware
This agreement (the “Agreement”) is dated as of November 12, 2013, by and between Extended Stay America, Inc., a Delaware corporation (the “Company”), and ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”).
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 25th, 2018 • ESH Hospitality, Inc. • Hotels & motels • New York
THIRD AMENDMENT, dated as of May 22, 2018 (this “Amendment”), to the Credit Agreement, dated as of August 30, 2016 (as amended by the First Amendment to Credit Agreement, dated as of March 1, 2017 (the “First Amendment”) and by the Second Amendment to Credit Agreement dated as of November 21, 2017 (the “Second Amendment”) and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), among ESH Hospitality, Inc. (the “Borrower”), the other Guarantors party thereto from time to time, the lenders party thereto from time to time (the “Lenders”) and Deutsche Bank AG New York Branch, as administrative agent (in such capacity, the “Administrative Agent”), collateral agent and L/C Issuer.
TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS TRADEMARK LICENSE AGREEMENT (this “Agreement”), entered into and effective as of October 8, 2010, by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA 2007 OPERATING LESSEE INC., a Delaware Corporation (“Licensee”).
FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENTTrademark License Agreement • July 22nd, 2013 • ESH Hospitality LLC
THIS FIRST AMENDMENT TO TRADEMARK LICENSE AGREEMENT (this “Amendment”), entered into and effective as of November 30, 2012 (the “Amendment Effective Date”), by and between ESH STRATEGIES BRANDING LLC, a Delaware limited liability company (“Licensor”), and ESA CANADA OPERATING LESSEE INC., an Ontario corporation (“Licensee”).
FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • September 20th, 2019 • ESH Hospitality, Inc. • Hotels & motels • New York
This CREDIT AGREEMENT is entered into as of August 30, 2016, among ESH HOSPITALITY INC., a Delaware corporation (the “Borrower”), the Guarantors party hereto from time to time and EXTENDED STAY AMERICA, INC., a Delaware corporation, as the lender (the “Lender”).
ESH HOSPITALITY, INC., as Issuer the SUBSIDIARY GUARANTORS named herein, as Guarantors, and DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee INDENTURE Dated as of September 18, 2019 4.625% Senior Notes due 2027Indenture • September 20th, 2019 • ESH Hospitality, Inc. • Hotels & motels • New York
INDENTURE dated as of September 18, 2019, among ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”), the Subsidiary Guarantors named herein, as Guarantors, and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (the “Trustee”).
MEZZANINE B LOAN AGREEMENT Dated as of November 30, 2012 by and among ESH MEZZANINE B LLC, ESH MEZZANINE B-2 LLC, ESH CANADA MEZZANINE B LLC, and ESH CANADA MEZZANINE B-2 LLC collectively, as Borrower and JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, and...Management Agreement • July 22nd, 2013 • ESH Hospitality LLC • New York
THIS MEZZANINE B LOAN AGREEMENT, dated as of November 30, 2012 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), among JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, a banking association chartered under the laws of the United States of America, having an address at 383 Madison Avenue, New York, New York 10179, GERMAN AMERICAN CAPITAL CORPORATION, a Maryland corporation having an address at 60 Wall Street, New York, New York 10005, CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation having an address at 388 Greenwich Street, 19th Floor, New York, New York 10013, BANK OF AMERICA, N.A., a national banking association having an address at One Bryant Park, New York, New York 10026 and GOLDMAN SACHS MORTGAGE COMPANY, a New York limited partnership having an address at 200 West Street, New York, New York 10282 (together with their respective successors and assigns, each, a “Co-Lender” and, collectively, “Lender”) and ESH MEZZANINE
FIRST AMENDMENT TO MANAGEMENT AGREEMENT between ESA P PORTFOLIO OPERATING LESSEE LLC (LESSEE) and ESA MANAGEMENT, LLC (MANAGER) July 28, 2014Management Agreement • November 7th, 2014 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS FIRST AMENDMENT TO MANAGEMENT AGREEMENT (this “Agreement”) is made as of July 28, 2014 by and between ESA P PORTFOLIO OPERATING LESSEE LLC (f/k/a ESA P Portfolio Operating Lessee Inc. (f/k/a BRE/ESA P Portfolio Operating Lessee Inc.)), a Delaware limited liability company (“Lessee”), and ESA MANAGEMENT, LLC, a Delaware limited liability company (“Manager”).
SECOND AMENDMENT TO CREDIT AGREEMENTCredit Agreement • July 30th, 2015 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of November 18, 2013, among ESH HOSPITALITY, INC., a Delaware corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), DEUTSCHE BANK SECURITIES INC., GOLDMAN SACHS LENDING PARTNERS LLC, CITIBANK, N.A., BANK OF AMERICA, N.A., BARCLAYS BANK PLC, MORGAN STANLEY SENIOR FUNDING, INC. AND MACQUARIE CAPITAL (USA) INC. as syndication agents (in such capacities, the “Syndication Agents”), and JPMORGAN CHASE BANK, N.A., as administrative agent.
CREDIT AGREEMENT among ESH HOSPITALITY, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, GOLDMAN SACHS BANK USA, CITIGROUP GLOBAL MARKETS INC., DEUTSCHE BANK SECURITIES, INC. AND J.P. MORGAN SECURITIES LLC, as Syndication...Credit Agreement • June 27th, 2014 • ESH Hospitality, Inc. • Hotels & motels • New York
CREDIT AGREEMENT (this “Agreement”), dated as of June 23, 2014, among ESH HOSPITALITY, INC., a Delaware corporation (“Borrower”), the several banks and other financial institutions or entities from time to time parties to this Agreement (the “Lenders”), GOLDMAN SACHS BANK USA, CITIGROUP GLOBAL MARKETS INC., DEUTSCHE BANK SECURITIES, INC. AND J.P. MORGAN SECURITIES LLC, as syndication agents (in such capacities, the “Syndication Agents”), and GOLDMAN SACHS BANK USA, as administrative agent.
CREDIT AGREEMENT among EXTENDED STAY AMERICA, INC., as Borrower, The Several Lenders from Time to Time Parties Hereto, DEUTSCHE BANK AG NEW YORK BRANCH, GOLDMAN SACHS LENDING PARTNERS LLC, CITIBANK, N.A., BANK OF AMERICA, N.A., BARCLAYS BANK PLC,...Credit Agreement • November 18th, 2013 • ESH Hospitality, Inc. • Hotels & motels • New York
AGREEMENT dated as of November 18, 2013, by and among Extended Stay America, Inc. (“Company”), JPMorgan Chase Bank, N.A., as administrative agent under the Credit Agreement (as defined below) (“Agent”), and JPMorgan Chase Bank, N.A. (“Depositary”).
AMENDED & RESTATED EXTENDED STAY AMERICA, INC. LONG-TERM INCENTIVE PLAN RESTRICTED STOCK UNIT AGREEMENT (Time-Vesting & Performance-Vesting)Restricted Stock Unit Agreement • September 4th, 2015 • ESH Hospitality, Inc. • Hotels & motels • Delaware
THIS AWARD AGREEMENT (the “Agreement”) is made effective as of September 3, 2015, between Extended Stay America, Inc. (the “Company”), a Delaware corporation, and Gerardo I. Lopez (the “Grantee”). Capitalized terms used but not defined in this Agreement shall have the meaning attributed to such terms under the Amended and Restated Extended Stay America, Inc. Long-Term Incentive Plan (the “Plan”).
AMENDED AND RESTATED MANAGEMENT AGREEMENTManagement Agreement • October 25th, 2016 • ESH Hospitality, Inc. • Hotels & motels • New York
ContractSecond Supplemental Indenture • February 28th, 2017 • ESH Hospitality, Inc. • Hotels & motels • New York
SECOND SUPPLEMENTAL INDENTURE, dated as of September 29, 2016 (this “Second Supplemental Indenture”), among ESH Hospitality, Inc., a Delaware corporation (the “Company”), the guarantors listed on Schedule A hereto (the “New Guarantors”) as Guarantors and Deutsche Bank Trust Company Americas, a New York banking corporation, as trustee (the “Trustee”) under the Indenture referred to below.
JOINDER TO REGISTRATION RIGHTS AGREEMENT September 29, 2015Registration Rights Agreement • October 27th, 2015 • ESH Hospitality, Inc. • Hotels & motels • New York
Reference is made to the Registration Rights Agreement, dated as of November 18, 2013 (the “Agreement”), by and among Extended Stay America, Inc., a Delaware corporation (“Extended Stay”), ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”), the Centerbridge Parties, the Paulson Parties, the Blackstone Parties (together with the Centerbridge Parties and the Paulson Parties, the “Investors”) and such other Persons as shall hereafter become parties hereto pursuant to the Agreement. Unless otherwise defined herein, capitalized terms defined in the Agreement and used herein shall have the meanings given to them in the Agreement.
FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT DATED AS OF JANUARY 6, 2017 BY AND BETWEEN ESA P PORTFOLIO L.L.C., ESA P PORTFOLIO MD TRUST, AND ESH/TN PROPERTIES L.L.C. INDIVIDUALLY AND COLLECTIVELY AS LANDLORD AND ESA P PORTFOLIO OPERATING...Lease Agreement • February 28th, 2017 • ESH Hospitality, Inc. • Hotels & motels • New York
THIS FIRST AMENDMENT TO AMENDED AND RESTATED LEASE AGREEMENT (this “Amendment”) is entered into as of January 6, 2017, by and between ESA P PORTFOLIO L.L.C., a Delaware limited liability company, ESA P PORTFOLIO MD TRUST, a Delaware statutory trust, and ESH/TN PROPERTIES L.L.C., a Delaware limited liability company (individually and collectively, “Landlord”), and ESA P PORTFOLIO OPERATING LESSEE LLC (f/k/a ESA P Portfolio Operating Lessee Inc.), a Delaware limited liability company (“Tenant”).
FIRST AMENDMENT TO LEASE AGREEMENT DATED AS OF , 2013 BY AND BETWEEN ESA UD PROPERTIES L.L.C. AS LANDLORD AND ESA 2007 OPERATING LESSEE INC. AS TENANTLease Agreement • October 31st, 2013 • ESH Hospitality LLC • Hotels & motels • New York
THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “Amendment”) is entered into as of , 2013, by and between ESA UD PROPERTIES L.L.C., a Delaware limited liability company (“Landlord”), and ESA 2007 OPERATING LESSEE INC., a Delaware corporation (“Tenant”).
Extended Stay America, Inc. ESH Hospitality, Inc. [ ] Shares Underwriting AgreementUnderwriting Agreement • October 31st, 2013 • ESH Hospitality LLC • Hotels & motels • New York
Extended Stay America, Inc., a Delaware corporation (the “Corporation”), proposes to issue and sell to the several Underwriters listed in Schedule 1 hereto (the “Underwriters”), for whom you are acting as representatives (the “Representatives”), an aggregate of [ ] shares of common stock, par value $0.01 per share (“Corporation Stock”), of the Corporation (the “Corporation Underwritten Shares”) and, at the option of the Underwriters, up to an additional [ ] shares of Corporation Stock solely to cover over-allotments (the “Corporation Option Shares”). ESH Hospitality, Inc., a Delaware corporation (“ESH REIT”), proposes to issue and sell to the several Underwriters an aggregate of [ ] shares of Class B common stock, par value $0.01 per share (“ESH REIT Stock”), of ESH REIT (the “ESH REIT Underwritten Shares,” and, once paired with the Corporation Underwritten Shares, the “Underwritten Shares”) and, at the option of the Underwriters, up to an additional [ ] shares of ESH REIT Stock solely
