AMENDED AND RESTATED LOAN AGREEMENT Dated as of December 14, 2007 Between FELCOR ESMERALDA (SPE), L.L.C. and FELCOR ESMERALDA LEASING (SPE), L.L.C., collectively as Borrower and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., as LenderLoan Agreement • March 4th, 2008 • FelCor Lodging Trust Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED LOAN AGREEMENT, dated as of December 14, 2007 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), by and among GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation having an address at 600 Steamboat Road, Greenwich, CT 06830 (“Lender”), FELCOR ESMERALDA (SPE), L.L.C., a Delaware limited liability company, having its principal place of business at c/o FelCor Lodging Trust Incorporated, 545 E. John Carpenter Freeway, Suite 1300, Irving, Texas 75062 (“Hotel Owner”) and FELCOR ESMERALDA LEASING (SPE), L.L.C., a Delaware limited liability company, having its principal place of business c/o FelCor Lodging Trust Incorporated, 545 E. John Carpenter Freeway, Suite 1300, Irving, Texas 75062 (“Hotel Operator”; Hotel Owner and Hotel Operator are collectively and individually, as the context requires, referred to herein as “Borrower”; references herein to “Borrower”, unless otherwise specifically stated, s
SECOND AMENDED AND RESTATED LEASEHOLD MORTGAGE, SECURITY AGREEMENT AND FIXTURE FILINGRecord And • March 4th, 2008 • FelCor Lodging Trust Inc • Real estate investment trusts • New York
This Second Amended and Restated Leasehold Mortgage, Security Agreement and Fixture Filing (“Security Instrument”) secures that certain Second Amended and Restated Promissory Note (the “Note”), which is a “renewal note” as defined in Section 201.09 of the Florida Statutes renewing, amending and restating that certain Promissory Note executed by WSRH VSP L.P. (“Prior Owner”) in favor of Column Financial, Inc. (“Column”) dated June 23, 2005, in the original principal amount of Forty-Seven Million and No/100 Dollars ($47,000,000) (“Column Note”), as subsequently assigned by Column to Wells Fargo Bank, N.A., as Trustee for the Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-TFL2 (“Wells Fargo”) as thereafter assigned to Lender; which Column Note was amended, restated, and renewed in its entirety by that certain Amended and Restated Promissory Note dated April 9, 2007 in the original principal amount of Eighty-Nine Million Two
ASSUMPTION AGREEMENTAssumption Agreement • March 4th, 2008 • FelCor Lodging Trust Inc • Real estate investment trusts
This Assumption Agreement (“Agreement”) is made this 14th day of December, 2007, by GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns “Lender”), WSRH INDIAN WELLS, L.L.C., a Delaware limited liability company (“Borrower”), FELCOR ESMERALDA (SPE), L.L.C., a Delaware limited liability company (“Hotel Owner”), and FELCOR ESMERALDA LEASING (SPE), L.L.C., a Delaware limited liability company (“Hotel Operator”).
AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING Dated: As of December 14, 2007Deed of Trust, Security Agreement and Fixture Filing • March 4th, 2008 • FelCor Lodging Trust Inc • Real estate investment trusts • New York
THIS AMENDED AND RESTATED DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING(this “Security Instrument”) is made as of this 14th day of December, 2007, by FELCOR ESMERALDA (SPE), L.L.C., a Delaware limited liability company, having its principal place of business at c/o FelCor Lodging Trust Incorporated, 545 E. John Carpenter Freeway, Suite 1300, Irving, Texas 75062 (“Hotel Owner”) and FELCOR ESMERALDA LEASING (SPE), L.L.C., a Delaware limited liability company, having its principal place of business at c/o FelCor Lodging Trust Incorporated, 545 E. John Carpenter Freeway, Suite 1300, Irving, Texas 75062 (“Hotel Operator”; Hotel Owner and Hotel Operator, individually and collectively, as the context requires, with such determination to be made by Lender in its sole discretion, are referred to herein as “Borrower”) to FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, as trustee, having an address at 1 First American Way, Santa Ana, CA 92707 (“Trustee”) for the benefit f
ASSUMPTION AGREEMENTAssumption Agreement • March 4th, 2008 • FelCor Lodging Trust Inc • Real estate investment trusts
This Assumption Agreement (“Agreement”) is made this 14th day of December, 2007, by GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns “Lender”), WSRH VSP, L.P., a Delaware limited partnership (“Borrower”), FELCOR ST. PETE (SPE), L.L.C., a Delaware limited liability company (“Hotel Owner”), and FELCOR ST. PETE LEASING (SPE), L.L.C., a Delaware limited liability company (“Hotel Operator”).
FELCOR LODGING LIMITED PARTNERSHIP,FelCor Lodging Trust Inc • March 4th, 2008 • Real estate investment trusts • New York
Fifth Supplemental Indenture (this “Fifth Supplemental Indenture”), dated as of August 16, 2007 among FelCor Lodging Limited Partnership, a Delaware limited partnership (“FelCor LP”), FelCor Lodging Trust Incorporated, a Maryland corporation (“FelCor”), FelCor/CSS Holdings, L.P., a Delaware limited partnership, FelCor Hotel Asset Company, L.L.C., a Delaware limited liability company, FelCor Pennsylvania Company, L.L.C., a Delaware limited liability company, FelCor Lodging Holding Company, L.L.C., a Delaware limited liability company, FelCor TRS Holdings, L.L.C., a Delaware limited liability company (as successor in interest to FelCor TRS Holdings, L.P.), FelCor Canada Co., a Nova Scotia unlimited liability company, FelCor Omaha Hotel Company, L.L.C., a Delaware limited liability company, Myrtle Beach Hotels, L.L.C., a Delaware limited liability company, FelCor TRS Borrower 1, L.P., a Delaware limited partnership, FelCor TRS Borrower 4, L.L.C., a Delaware limited liability company, FelC
