Release of Certain Guarantors, dated as of November 13, 2020, among the Company, certain subsidiaries of the Company named therein and U.S. Bank National Association

Contract Categories: Business Finance - Release Agreements
EX-10.1 3 tm2035944d2_ex10-1.htm EXHIBIT 10.1

 

Exhibit 10.1

 

RELEASE OF CERTAIN GUARANTORS

 

Reference is made to that certain Ninth Supplemental Indenture, dated as of June 17, 2020, as supplemented by that certain Supplemental Indenture, dated as of July 15, 2020, that certain Supplemental Indenture, dated as of October 9, 2020 and that certain Supplemental Indenture, dated as of November 13, 2020 (the “Ninth Supplemental Indenture”), among Service Properties Trust (formerly known as Hospitality Properties Trust), a Maryland real estate investment trust, U.S. Bank National Association, as Trustee (the “Trustee”), each of the Subsidiaries listed on Schedule 1 attached hereto (each, a “Released Guarantor”) and certain other Subsidiaries of the Company, as Guarantors, to the Indenture, dated as of February 3, 2016 (the “Indenture”), between the Company and the Trustee, relating to the Company’s 7.50% Senior Notes due 2025 (the “Notes”). The terms defined in the Ninth Supplemental Indenture are used herein as therein defined, unless otherwise defined herein.

 

Pursuant to Section 6 of the Ninth Supplemental Indenture, the undersigned, as Trustee, hereby confirms the release and discharge of each Released Guarantor from any and all obligations and liabilities under the Subsidiary Guarantee, and further hereby confirms the termination and release of each Released Guarantor of all other obligations under the Ninth Supplemental Indenture, the Indenture or the Notes, each as of November 5, 2020.

 

  Dated as of November 13, 2020.  
     
  U.S. Bank National Association, as Trustee  
     
  By: /s/ David W. Doucette  
    Name: David W. Doucette  
    Title: Vice President  

 

 

 

SCHEDULE 1

 

RELEASED GUARANTORS

 

1.Banner NewCo LLC, a Delaware limited liability company
2.Highway Ventures Properties Trust, a Maryland real estate investment trust
3.HPT Cambridge LLC, a Massachusetts limited liability company
4.HPTWN Properties Trust, a Maryland real estate investment company
5.Royal Sonesta, Inc., a Louisiana corporation