0001104659-21-003477 Sample Contracts

SUMMIT HOTEL PROPERTIES, INC.
Underwriting Agreement • January 12th, 2021 • Summit Hotel Properties, Inc. • Real estate investment trusts • New York

The Company and the Operating Partnership also propose that the Company will issue and sell to the several Underwriters $37,500,000 aggregate principal amount of the $250,000,000 1.50% Convertible Senior Notes due 2026 of the Company (the “Option Securities” and, together with the Initial Securities, the “Securities”), solely to cover over-allotments, if any, if and to the extent that the Underwriters shall have determined to exercise the right to purchase such Option Securities granted to the Underwriters in Section 2 hereof. The Securities are to be issued pursuant to an indenture, dated as of January 12, 2021 (the “Base Indenture”), between the Company and The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”), as supplemented by a first supplemental indenture, dated as of January 12, 2021 (together with the Base Indenture, the “Indenture”), by and between the Company and the Trustee.

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