Forbearance Letter Regarding Second Amended and Restated Guaranty Agreement between Hospitality Properties Trust and Candlewood Hotel Company, Inc.
This letter agreement is between Hospitality Properties Trust (HPT) and Candlewood Hotel Company, Inc. (and its affiliate), relating to a guaranty agreement. HPT agrees not to take action before January 1, 2004, for certain noncompliance by Candlewood, provided there are no other defaults and Candlewood maintains a minimum net worth of $60 million during 2003. By January 2004, Candlewood must provide a certified balance sheet showing at least $75 million in net worth. The agreement is effective once signed by both parties.
EXHIBIT 10.36
[HOSPITALITY PROPERTIES TRUST LETTERHEAD]
March 27, 2003
Candlewood Hotel Company, Inc.
Candlewood Leasing No. 1, Inc.
8621 East 21st Street North, Suite 200
Wichita, KS 67206
Attn: Mr. Tim Johnson
Second Amended and Restated
Guaranty Agreement, dated as of April 12, 2002
Ladies and Gentlemen:
Reference is made to the captioned agreement (the Guaranty). Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to such terms in the Guaranty.
HPT hereby agrees to take no action, prior to January 1, 2004, with respect to any failure by the Guarantor to comply with the provisions of Section 3.6 of the Guaranty, provided (x) no other default or event of default shall occur under the Guaranty or Transaction Documents prior to such date and (y) the Guarantor shall throughout the 2003 calendar year maintain a Net Worth in the amount of at least Sixty Million Dollars ($60,000,000).
In addition to the obligations set forth in Section 17.2 of the Amended Lease, the Guarantor shall, on the first Business Day of January 2004, deliver to HPT a balance sheet for the Guarantor, accompanied by the Financial Officers Certificate, confirming the Net Worth of the Guarantor in the amount of at least Seventy-Five Million Dollars ($75,000,000) as of January 1, 2004.
This letter will be effective upon receipt by the undersigned of an original copy countersigned by you.
Very truly yours, HOSPITALITY PROPERTIES TRUST
HPT CW PROPERTIES TRUST By: /s/ MARK KLEIFGES Its: Chief Financial Officer
ACKNOWLEDGED AND AGREED:
CANDLEWOOD HOTEL COMPANY, INC.
CANDLEWOOD LEASING NO. 1, INC.
By: | /s/ WARREN D. FIX | |
| ||
Its: Executive Vice President and Chief Financial Officer |