Hospitality Properties Trust Re-Aligns Contracts with Marriott

June 14, 2011

NEWTON, Mass.--(BUSINESS WIRE)-- Hospitality Properties Trust (NYSE: HPT) today announced that it has entered agreements to re-align three of its five sets of hotel management contracts with Marriott International, Inc. (NYSE: MAR). The three sets of affected contracts (which HPT has historically referred to as its Marriott Contracts Nos. 2, 3 and 4) concern 71 hotels and currently provide for payments of owner's priority returns and rents to HPT totaling $98.1 million/year. Among other terms the re-aligned agreements provide as follows:

  • All 71 hotels will be combined economically so that any excess cash flows from any of the hotels is available to pay owner's priority returns for all 71 affected hotels.
  • The combined annual priority returns due to HPT will be $98.1 million/year; i.e., equal to the current annual amounts of owner's priority returns and rents due to HPT. In addition, an HPT taxable REIT subsidiary (a TRS) will participate in the net cash flows from hotel operations after payment of management fees to Marriott, which fees will continue to be subordinated to HPT's priority returns/rents.
  • The new combined contracts extend through 2025. In addition, Marriott has the option to renew the contracts for two consecutive ten year terms on an all or none basis; i.e., the renewal options must be exercised for all of the hotels included in the contracts.
  • The cash security deposits which secure the owner's priority payments to HPT under two of the three affected contracts will be combined and continue to secure the owner's priority payments under the combined contracts for all 71 hotels. These security deposits originally totaled $64.7 million. As of March 31, 2011, the amounts of these deposits totaled $10.9 million, as the deposits were reduced to fund shortfalls in the operating results from 2009 through March 31, 2011. The new contracts provide that the combined security deposit may be replenished up to the original amount of $64.7 million from 70% of the cash flows realized from operations of the 71 hotels after payment of HPT's owner's priority returns and working capital advances, if any, by HPT or Marriott, while 30% is paid to Marriott toward agreed amounts for management fees.
  • In addition to this security deposit, Marriott will provide a limited guaranty for 90% of the owner's priority returns due to HPT through 2017.
  • The combined contracts will continue to require that 5-6% of gross revenues from hotel operations be escrowed for hotel maintenance and periodic refurbishments; i.e., a FF&E Reserve.
  • In addition to amounts available in the FF&E Reserve, HPT will fund approximately $102 million for a general refurbishment of the hotels during the next two years. As such funding is advanced by HPT, the amounts of the owner's priority payments due to HPT shall increase by 9% p.a. of the amounts funded.
  • HPT and Marriott have identified 21 hotels of the 71 hotels in the combined contracts which will be offered for sale. If and as these hotels are sold, HPT will retain the sales proceeds and the amounts of the owner's priority returns due to HPT will decrease by 9% p.a. of the sales proceeds. HPT currently expects that the proceeds it may receive from the sale of these hotels may be at least equal to the capital investment it will make during the next two years as described above; however, the timing of hotel sales and capital investments will likely differ.
  • One of the sets of contracts which are re-aligned by the agreements announced today (HPT's historical Marriott contract no. 4) concerns hotels owned by HPT which were leased to Barcelo Crestline and managed by Marriott. Simultaneously with agreements between HPT and Marriott, Marriott arranged with Barcelo Crestline to terminate that lease. Accordingly, all 71 affected hotels will be owned by HPT, leased to an HPT owned TRS and managed by Marriott. The re-aligned agreements are effective retroactive to January 1, 2011.

HPT's two additional sets of contracts for Marriott hotels are unaffected by the agreements announced today: (i) HPT's historical Contract No. 1 for 53 hotels that are leased by HPT to Host Hotels and Resorts (NYSE: HST) for annual rent of $65.8 million, plus percentage rents; and (ii) HPT's historical Marriott Contract No. 5 for one resort hotel in Hawaii that is leased directly to Marriott for annual rent of $9.4 million plus CPI adjustments. All rent payments due under these two contracts and the deposit and the guaranty, respectively, which secure these payments remain in full force.

John Murray, President of HPT, made the following statement regarding the re-aligned contracts with Marriott:

"When HPT was founded in 1995, our first hotel operating agreements were with Marriott. These contracts have survived through several business cycles since then. At HPT, we are pleased that we are able to continue our business relationship with Marriott under the re-aligned contracts announced today.

"At the beginning of 2011, HPT set an internal goal to restructure its contractual relationships with three major operators of its properties: TravelCenters of America LLC, Marriott International, Inc. and InterContinental Hotels Group, plc. We have now completed this work with TravelCenters and Marriott. We are actively involved in discussions with Intercontinental Hotels Group. Moreover, with two of these three negotiations completed, we have also begun to focus on new investment opportunities."

Hospitality Properties Trust is a real estate investment trust, or REIT, headquartered in Newton, Massachusetts, which owns 289 hotels and 185 travel centers located in 44 states, Puerto Rico and Ontario, Canada.

WARNING REGARDING FORWARD LOOKING STATEMENT

THIS PRESS RELEASE CONTAINS FORWARD LOOKING STATEMENTS WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AND OTHER SECURITIES LAWS. THESE FORWARD LOOKING STATEMENTS ARE BASED UPON HPT'S CURRENT BELIEFS AND EXPECTATIONS. HOWEVER, THESE FORWARD LOOKING STATEMENTS AND THEIR IMPLICATIONS ARE NOT GUARANTEED TO OCCUR AND MAY NOT OCCUR FOR VARIOUS REASONS, INCLUDING SOME REASONS BEYOND HPT'S CONTROL.

FOR EXAMPLE:

  • THIS PRESS RELEASE STATES THAT THE SECURITY DEPOSIT FOR THE OWNER'S PRIORITY PAYMENT DUE HPT UNDER THE RE-ALIGNED CONTRACTS MAY BE INCREASED TO $64.7 MILLION FROM 70% OF THE CASH FLOWS FROM HOTELS INCLUDED IN THE RE-ALIGNED, COMBINED CONTRACTS AFTER PAYMENT OF HPT'S PRIORITY RETURN AND WORKING CAPITAL ADVANCES, IF ANY, BY HPT OR MARRIOTT. AN IMPLICATION OF THIS STATEMENT MAY BE THAT THE SECURITY DEPOSIT WILL INCREASE AND THAT IT MAY BE SUFFICIENT TO PROVIDE FOR CONTINUED PAYMENT OF HPT'S PRIORITY RETURNS. IN FACT, DURING THE PAST TWO YEARS THE HISTORICAL SECURITY DEPOSITS HAVE BEEN USED TO PAY SHORTFALLS IN THE RENTS AND OWNER'S PRIORITY RETURNS DUE HPT. HPT CAN PROVIDE NO ASSURANCE THAT THE OPERATING RESULTS OF THE HOTELS INCLUDED IN THE RE-ALIGNED CONTRACTS WILL BE SUFFICIENT TO PAY HPT'S OWNER'S PRIORITY RETURNS OR TO INCREASE THE SECURITY DEPOSIT. THE OPERATING RESULTS AT HPT'S OWNED HOTELS WHICH ARE MANAGED BY MARRIOTT DEPEND ON MARRIOTT'S ABILITIES TO SUCCESSFULLY OPERATE THE HOTELS AND, IN LARGE PART, UPON GENERAL ECONOMIC CONDITIONS, BOTH OF WHICH ARE BEYOND HPT'S CONTROL.
  • THIS PRESS RELEASE STATES THAT MARRIOTT WILL GUARANTEE 90% OF THE OWNER'S PRIORITY RETURNS DUE HPT UNDER THE RE-ALIGNED CONTRACTS THROUGH 2017. AN IMPLICATION OF THIS STATEMENT MAY BE THAT HPT WILL RECEIVE AT LEAST 90% OF THE OWNER'S PRIORITY RETURNS DUE UNDER THE RE-ALIGNED CONTRACTS THROUGH 2017. HOWEVER, MARRIOTT'S GUARANTY IS LIMITED SO THAT THE MAXIMUM PAYMENTS MARRIOTT IS REQUIRED TO MAKE TO HPT UNDER THIS GUARANTY IS $40 MILLION. MOREOVER, MARRIOTT MAY INCUR DEBT OR BE REORGANIZED IN A WAY WHICH JEOPARDIZES ITS ABILITY TO PAY GUARANTY OBLIGATIONS. ACCORDINGLY, THERE IS NO ASSURANCE THAT HPT WILL RECEIVE AT LEAST 90% OF ITS OWNER'S PRIORITY RETURNS THROUGH 2017 OR THAT MARRIOTT WILL BE ABLE TO HONOR ITS GUARANTY OBLIGATIONS.
  • THIS PRESS RELEASE STATES THAT THE RE-ALIGNED, COMBINED CONTRACTS WILL REQUIRE THAT 5-6% OF GROSS REVENUES FROM HOTEL OPERATIONS BE ESCROWED AS A FF&E RESERVE. AN IMPLICATION OF THIS STATEMENT MAY BE THAT THE FF&E RESERVE WILL BE SUFFICIENT TO FUND FUTURE CAPITAL NEEDS AT THE AFFECTED HOTELS. HPT BELIEVES THAT THESE ESCROW PERCENTAGES MAY BE AMONG THE HIGHEST IN THE HOSPITALITY INDUSTRY. NONETHELESS, HPT'S EXPERIENCE IS THAT THESE ESCROW PERCENTAGES MAY NOT BE SUFFICIENT TO PAY ALL COSTS OF MAINTAINING THE HOTELS TO BRAND STANDARDS OR OTHERWISE IN A MANNER WHICH IS ATTRACTIVE TO HOTEL CUSTOMERS. ACCORDINGLY, HPT MAY PERIODICALLY INVEST ADDITIONAL AMOUNTS TO MAINTAIN ITS HOTELS.
  • THIS PRESS RELEASE STATES THAT HPT WILL FUND APPROXIMATELY $102 MILLION TO REFURBISH THE HOTELS INCLUDED IN THE RE-ALIGNED CONTRACTS DURING THE NEXT TWO YEARS. THE COSTS AND TIMING OF HOTEL REFURBISHMENT PROJECTS ARE DIFFICULT TO ESTIMATE. COST OVERRUNS MAY OCCUR AND PROJECTS MAY BE DELAYED FOR MANY DIFFERENT REASONS, INCLUDING VARIOUS REASONS WHICH ARE BEYOND HPT'S CONTROL. THERE IS NO ASSURANCE THAT THE PLANNED REFURBISHMENTS CAN BE COMPLETED FOR $102.3 MILLION OR WITHIN TWO YEARS.
  • THIS PRESS RELEASE STATES THAT HPT AND MARRIOTT HAVE IDENTIFIED 21 HOTELS OF THE 71 HOTELS IN THE RE-ALIGNED CONTRACTS TO BE OFFERED FOR SALE AND THAT HPT EXPECTS IT MAY RECEIVE SALE PROCEEDS AT LEAST EQUAL TO THE CAPITAL INVESTMENT IT WILL MAKE IN THE HOTELS INCLUDED IN THE RE-ALIGNED CONTRACT DURING THE NEXT TWO YEARS. HPT HAS RECEIVED OPINIONS OF VALUE FROM REAL ESTATE BROKERS WHOM IT HAS SOLICITED FOR SALE ASSIGNMENTS. HOWEVER, OPINIONS OF VALUE ARE NOT APPRAISALS AND THERE IS NO ASSURANCE THAT HPT WILL BE ABLE TO SELL ALL OR ANY OF THE HOTELS OFFERED FOR SALE AT THE EXPECTED SALES PRICES OR FOR ANY PRICES WHICH HPT AND MARRIOTT DETERMINE TO BE ACCEPTABLE. HPT'S COMMITMENT TO FUND RENOVATIONS AT HOTELS INCLUDED IN THE RE-ALIGNED CONTRACTS IS NOT CONDITIONED UPON ITS ABILITY TO SELL HOTELS. MOREOVER, IF HPT DOES NOT SELL CERTAIN HOTELS DESIGNATED FOR SALE IT MAY BE REQUIRED TO RENOVATE THE UNSOLD HOTELS AND HPT'S INVESTMENT NECESSARY TO FUND REFURBISHMENT PROJECTS DURING THE NEXT TWO YEARS MAY INCREASE.
  • THIS PRESS RELEASE STATES THAT RENT PAYMENTS DUE HPT UNDER CONTRACTS NOS. 1 AND 5, AS DESCRIBED, ARE CURRENT AND THESE CONTRACTS ARE NOT AFFECTED BY THE RE-ALIGNMENT AGREEMENTS. AN IMPLICATION OF THESE STATEMENTS MAY BE THAT HPT WILL CONTINUE TO RECEIVE THE RENTS DUE UNDER CONTRACTS NOS. 1 AND 5. HOWEVER, HOST HOTELS AND RESORTS HAS NOTIFIED HPT THAT IT WILL NOT RENEW ITS CONTRACT NO. 1 LEASE WHEN IT EXPIRES AT YEAR END 2012. THEREAFTER, THE PAYMENTS WHICH HPT RECEIVES FOR THE HOTELS INCLUDED IN CONTRACT NO. 1 WILL BE DEPENDENT UPON THE FUTURE OPERATING PERFORMANCE OF THESE HOTELS OR UPON NEW TERMS WHICH HPT MAY NEGOTIATE FOR THESE HOTELS. ALSO, THE RENT DUE HPT UNDER CONTRACT NO. 5 IS A FULL RECOURSE OBLIGATION OF MARRIOTT AND THEREFORE DEPENDS UPON MARRIOTT'S CAPACITY TO HONOR ITS FINANCIAL OBLIGATIONS, A MATTER WHICH IS BEYOND HPT'S CONTROL. FOR THESE REASONS, AMONG OTHERS, HPT MAY NOT RECEIVE PAYMENTS FOR THE HOTELS INCLUDED IN CONTRACTS NOS. 1 AND 5 AT THE HISTORICAL AMOUNTS OR ANY AMOUNTS.
  • THIS PRESS RELEASE INCLUDES A STATEMENT THAT HPT IS ACTIVELY INVOLVED IN DISCUSSIONS WITH INTERCONTINENTAL HOTELS GROUP. THE IMPLICATION OF THIS STATEMENT MAY BE THAT HPT WILL SOON ANNOUNCE A RESTRUCTURING OR RE-ALIGNMENT OF THE HPT CONTRACTS WITH INTERCONTINENTAL. HPT HAS HAD RESTRUCTURING DISCUSSIONS WITH INTERCONTINENTAL ABOUT THESE CONTRACTS FOR ABOUT ONE YEAR; SEVERAL PROPOSALS AND COUNTER-PROPOSALS HAVE BEEN DISCUSSED, BUT TO DATE NO AGREEMENTS HAVE BEEN CONCLUDED. SINCE 2008, INTERCONTINENTAL HAS PAID HPT $125 MILLION TO COVER THE GUARANTEED AMOUNTS BY WHICH THE OPERATING RESULTS AT HPT'S OWNED HOTELS OPERATED BY INTERCONTINENTAL HAVE BEEN LESS THAN HPT'S CONTRACTUAL OWNER PRIORITY RETURNS AND HPT IS NOW REDUCING THE SECURITY DEPOSIT WHICH IT HOLDS TO PAY THE OWNER'S PRIORITY RETURNS CONTRACTUALLY DUE. THERE IS NO ASSURANCE THAT HPT AND INTERCONTINENTAL WILL REACH ANY AGREEMENTS, AND HPT MAY REBRAND SOME OR ALL OF THESE HOTELS AND/OR RECEIVE LOWER OWNER'S PRIORITY RETURNS FROM THESE HOTELS THAN HPT HAS HISTORICALLY RECEIVED.
  • THIS PRESS RELEASE STATES THAT HPT HAS BEGUN TO FOCUS ON NEW INVESTMENT OPPORTUNITIES. AN IMPLICATION OF THIS STATEMENT MAY BE THAT HPT WILL ANNOUNCE NEW INVESTMENTS IN THE NEAR FUTURE. HPT'S ABILITY TO MAKE NEW INVESTMENTS DEPENDS, IN LARGE PART, UPON INVESTMENT OPPORTUNITIES BECOMING KNOWN TO HPT AND HPT'S ABILITY TO NEGOTIATE PURCHASE TERMS WITH THE CURRENT PROPERTY OWNERS AND LEASE OR MANAGEMENT TERMS WITH PROPERTY OPERATORS. HPT IS CURRENTLY HAVING SUCH NEGOTIATIONS BUT THERE CAN BE NO ASSURANCE THAT ANY PROPERTY PURCHASES OR OPERATING AGREEMENTS WILL BE SUCCESSFULLY CONCLUDED.

THE INFORMATION CONTAINED IN OUR FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, INCLUDING UNDER "RISK FACTORS" IN OUR PERIODIC REPORTS, IDENTIFIES OTHER IMPORTANT FACTORS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE IN OR IMPLIED BY OUR FORWARD LOOKING STATEMENTS. OUR FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION ARE AVAILABLE ON ITS WEBSITE AT WWW.SEC.GOV.

YOU SHOULD NOT PLACE UNDUE RELIANCE UPON FORWARD LOOKING STATEMENTS.

EXCEPT AS REQUIRED BY LAW, WE DO NOT INTEND TO UPDATE OR CHANGE ANY FORWARD LOOKING STATEMENTS AS A RESULT OF NEW INFORMATION, FUTURE EVENTS OR OTHERWISE.

A Maryland Real Estate Investment Trust with transferable shares of beneficial interest listed on the New York Stock Exchange.
No shareholder, Trustee or officer is personally liable for any act or obligation of the Trust.

Hospitality Properties Trust
Timothy A. Bonang, 617-796-8232
Vice President, Investor Relations
or
Carlynn Finn, 617-796-8232
Manager of Investor Relations
www.hptreit.com

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