ESA Management, LLC 11525N. Community House Road Suite 100 Charlotte, NC 28277
Exhibit 10.17.1
ESA Management, LLC
11525 N. Community House Road
Suite 100
Charlotte, NC 28277
October 16, 2013
ACKNOWLEDGMENT OF ASSUMPTION
ESA Management, LLC (“ESA”) hereby acknowledges and agrees that effective upon the consummation of the transactions (the “Closing”) contemplated by that certain Asset Purchase Agreement dated as of October 9, 2013 by and between ESA and HVM L.L.C. (“HVM”), ESA shall assume that certain employment agreement by and between Thomas Seddon and HVM entered into on March 26, 2012 (the “Employment Agreement”) in accordance with the terms of Section 2.1 of the Asset Purchase Agreement and Section 10 of the Employment Agreement.
In addition, ESA and Thomas Seddon hereby agree and acknowledge the following clarifications and amendments to the Employment Agreement in light of the assumption to be effective as of the Closing:
| 1. | All references to “HVM L.L.C.” or the “Company” shall be deemed references to “ESA Management, LLC”. |
| 2. | All references to the “Manager Representatives” shall be deemed references to the “Board of Directors of Extended Stay America, Inc.” |
| 3. | The last sentence of Section 5.E. shall be replaced in its entirety to read as follows: |
For purposes of this Agreement, a “Change of Control Transaction” shall mean a “Change in Control” as defined in the Extended Stay America, Inc. 2013 Long-Term Incentive Plan.
IN WITNESS WHEREOF, the parties have executed this Acknowledgement as of the date set forth above.
| ESA MANAGEMENT, LLC | ||
| By: | /s/ Chris Daniello | |
| Name: | Chris Daniello | |
| Title: | Vice President and Secretary | |
| THOMAS SEDDON | ||
| By: | /s/ Thomas Seddon | |
