Winston Hotels Inc Sample Contracts

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BETWEEN WINSTON SPE II LLC AS BORROWER AND GENERAL ELECTRIC CAPITAL CORPORATION AS LENDER
Loan Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • New York
EXHIBIT 10.1 TERMINATION AGREEMENT
Termination Agreement • August 13th, 2003 • Winston Hotels Inc • Real estate investment trusts • North Carolina
AMENDMENT NO. 6 TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WINN LIMITED PARTNERSHIP This Amendment No. 6 (the "Amendment") to the Second Amended and Restated Agreement of Limited Partnership of WINN Limited Partnership...
Winston Hotels Inc • March 14th, 2003 • Real estate investment trusts

This Amendment No. 6 (the "Amendment") to the Second Amended and Restated Agreement of Limited Partnership of WINN Limited Partnership dated July 11, 1997 (the "Partnership Agreement") is entered into as of April 2, 2002, by and among Winston Hotels, Inc. (the "General Partner") and the Limited Partners of WINN Limited Partnership (the "Partnership"). All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Partnership Agreement.

Exhibit 1.1 2,750,000 SHARES OF COMMON STOCK WINSTON HOTELS, INC. UNDERWRITING AGREEMENT
Letter Agreement • March 21st, 2002 • Winston Hotels Inc • Real estate investment trusts • New York
AGREEMENT
Agreement • July 15th, 2002 • Winston Hotels Inc • Real estate investment trusts
EXHIBIT 10.40 CREDIT AGREEMENT
Credit Agreement • March 27th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
NOTE
Winston Hotels Inc • March 25th, 1999 • Real estate investment trusts • North Carolina
NOTE
Winston Hotels Inc • March 27th, 1997 • Real estate investment trusts • North Carolina
AMENDED AND RESTATED NOTE
Winston Hotels Inc • March 15th, 2002 • Real estate investment trusts

This note is one of the Bank Notes referred to in the Second Amended and Restated Syndicated Credit Agreement dated as of December 19, 2001, among the Borrower, the banks listed on the signature pages thereof and their successors and assigns, and Wachovia Bank, N.A., as Agent (as the same may be amended or modified from time to time, the "Credit Agreement"). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof. This Note amends and restates in its entirety that certain note dated January 15, 1999, executed by the Borrower and payable to the Bank.

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NOTE
Winston Hotels Inc • March 25th, 1999 • Real estate investment trusts • North Carolina
AMENDED AND RESTATED NOTE
Winston Hotels Inc • March 15th, 2002 • Real estate investment trusts

This note is one of the Bank Notes referred to in the Second Amended and Restated Syndicated Credit Agreement dated as of December 19, 2001, among the Borrower, the banks listed on the signature pages thereof and their successors and assigns, and Wachovia Bank, N.A., as Agent (as the same may be amended or modified from time to time, the "Credit Agreement"). Terms defined in the Credit Agreement are used herein with the same meanings. Reference is made to the Credit Agreement for provisions for the prepayment and the repayment hereof and the acceleration of the maturity hereof. This Note amends and restates in its entirety that certain note dated January 15, 1999, executed by the Borrower and payable to the Bank.

RECITALS:
Winston Hotels Inc • March 25th, 1999 • Real estate investment trusts • North Carolina
AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT
Employment Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts
WITNESSETH
Syndicated Credit Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts • North Carolina
AGREEMENT AND PLAN OF MERGER by and among WINSTON HOTELS, INC., WINN LIMITED PARTNERSHIP, INLAND AMERICAN REAL ESTATE TRUST, INC. and INLAND AMERICAN ACQUISITION (WINSTON), LLC
Agreement and Plan of Merger • April 3rd, 2007 • Winston Hotels Inc • Real estate investment trusts • Delaware

This AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of April 2, 2007, by and among Winston Hotels, Inc., a North Carolina corporation operating so as to qualify as a real estate investment trust (the “Company”), WINN Limited Partnership, a North Carolina limited partnership whose sole general partner is the Company (the “Operating Partnership” and together with the Company the “Company Parties ”), Inland American Real Estate Trust, Inc., a Maryland corporation (the “Parent”), Inland American Acquisition (Winston), LLC, a Delaware limited liability company and a wholly-owned Subsidiary of Parent (“MergerCo” and together with Parent, the “Buyer Parties”).

AMENDMENT NO. 5 TO THE SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF WINN LIMITED PARTNERSHIP
Winston Hotels Inc • March 15th, 2002 • Real estate investment trusts

This Amendment No. 5 (the "Amendment") to the Second Amended and Restated Agreement of Limited Partnership of WINN Limited Partnership dated July 11, 1997 (the "Partnership Agreement") is entered into as of January 1, 2002, by and among Winston Hotels, Inc. (the "General Partner") and the Limited Partners of WINN Limited Partnership (the "Partnership"). All capitalized terms used herein and not otherwise defined shall have the meanings assigned to them in the Partnership Agreement.

ARTICLE IV PARTNERSHIP AGREEMENT MATTERS
Redemption and Registration Rights Agreement • August 8th, 1997 • Winston Hotels Inc • Real estate investment trusts • North Carolina
EMPLOYMENT AGREEMENT
Employment Agreement • May 10th, 2004 • Winston Hotels Inc • Real estate investment trusts • North Carolina

This Employment Agreement (“Agreement”) is made and entered into by Winston Hotels, Inc., a North Carolina corporation (hereinafter the “Corporation”), and Brent V. West (hereinafter the “Employee”).

2,400,000 SHARES OF COMMON STOCK WINSTON HOTELS, INC. UNDERWRITING AGREEMENT
Underwriting Agreement • August 25th, 2006 • Winston Hotels Inc • Real estate investment trusts • New York

Winston Hotels, Inc., a North Carolina corporation (the “COMPANY”), proposes to issue and sell to Friedman, Billings, Ramsey & Co., Inc., Raymond James & Associates, Inc., Robert W. Baird & Co. Incorporated and BB&T Capital Markets, a Division of Scott & Stringfellow, Inc. (the “UNDERWRITERS,” which term shall also include any underwriters substituted as provided in Section 10 hereof) an aggregate of 2,400,000 shares (the “FIRM SHARES”) of common stock, $0.01 par value per share, of the Company (“COMMON STOCK”). The Company also proposes to sell to the Underwriters, upon the terms and conditions set forth in Section 2 hereof, up to an additional 360,000 shares (the “ADDITIONAL SHARES”) of Common Stock. The Firm Shares and the Additional Shares are hereinafter collectively referred to as the “SHARES.” Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Registration Statement (as defined below).

WITH
Master Lease Agreement • March 16th, 2005 • Winston Hotels Inc • Real estate investment trusts
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