Item 1.01. Entry into a Material Definitive Agreement.
Second Amendment to
On
The following summary of the Second Amendment is qualified in its entirety by
reference to the Second Amendment to Credit Agreement, dated
Certain financial and other covenants under the Credit Facility were waived or adjusted, for the periods described below:
· Temporary waivers of the Consolidated Fixed Charge Coverage Ratio covenant and certain other covenants in the Credit Facility for the periodJune 18, 2020 through the date the Borrower is required to deliver to the lenders a compliance certificate for the period endingJune 30, 2021 ("Covenant Waiver Period"); and · Adjustments to the Borrowing Base Coverage Ratio beginning onJune 18, 2020 , and adjusting up throughJune 30, 2022 .
The Second Amendment confirmed that the Borrower may make additional advances on the existing revolving facility. Prior to the expiration of the Covenant Waiver Period, advances are limited to the lesser of the aggregate facility amount and the aggregate Borrowing Base Asset Value multiplied by 55%, less all outstanding advances. Upon the expiration of the Covenant Waiver Period, advances are limited to the lesser of the aggregate facility amount, the aggregate Borrowing Base Asset Value multiplied by 55%, and the amount that would permit the Borrower to achieve the Borrowing Base Coverage Ratio then applicable, less all outstanding advances.
Certain other typical limitations and conditions for credit facilities of this nature were included among the provisions in the Second Amendment including, among other provisions, limitations on the use of revolving facility advances, certain restrictions on payments of dividends and limitations on investments and dispositions.
We retain the right to opt out of certain additional restrictive covenants upon demonstration of compliance with the required financial covenants.
Item 2.03. Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant.
The information contained in Item 1.01 concerning the Company's direct financial obligations is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits Exhibit No. Description
10.1 Second Amendment to Credit Agreement datedJune 18, 2020 among Summit JV MR 1, LLC, as borrower,Summit Hospitality JV, LP , as parent guarantor, each party executing the credit facility documentation as a subsidiary guarantor,Bank of America, N.A ., as administrative agent, and the lenders party to the Credit Agreement. 101 Cover Page Interactive Data - the cover page XBRL tags are embedded within the Inline XBRL document 104 Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document
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