Starwood 2011 Annual Report Download - page 113

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Exhibit
Number Description of Exhibit
2.1 Formation Agreement, dated as of November 11, 1994, among the Company, Starwood Capital and
the Starwood Partners (incorporated by reference to Exhibit 2 to the Company’s Current Report on
Form 8-K dated November 16, 1994). (The SEC file number of all filings made by the Company
pursuant to the Securities Exchange Act of 1934, as amended, and referenced herein is 1-7959).
2.2 Form of Amendment No. 1 to Formation Agreement, dated as of July 1995, among the Company and
the Starwood Partners (incorporated by reference to Exhibit 10.23 to the Company’s Registration
Statement on Form S-2 filed with the SEC on June 29, 1995 (Registration Nos. 33-59155 and 33-
59155-01)).
3.1 Articles of Amendment and Restatement of the Company, as of May 30, 2007 (incorporated by
reference to Appendix A to the Company’s 2007 Notice of Annual Meeting and Proxy Statement).
3.2 Amended and Restated Bylaws of the Company, as amended and restated through April 10, 2006
(incorporated by reference to Exhibit 3.2 to the Company’s Current Report on Form 8-K filed with the
SEC on April 13, 2006 (the “April 13 Form 8-K”).
3.3 Amendment to Amended and Restated Bylaws of the Company, dated as of March 13, 2008
(incorporated by reference to Exhibit 3.1 to the Company’s Current Report on Form 8-K filed with the
SEC on March 18, 2008).
4.1 Termination Agreement dated as of April 7, 2006 between the Company and the Trust (incorporated
by reference to Exhibit 4.1 of the April 13 Form 8-K).
4.2 Amended and Restated Rights Agreement, dated as of April 7, 2006, between the Company and
American Stock Transfer and Trust Company, as Rights Agent (which includes the form of Amended
and Restated Articles Supplementary of the Series A Junior Participating Preferred Stock as
Exhibit A, the form of Rights Certificate as Exhibit B and the Summary of Rights to Purchase
Preferred Stock as Exhibit C) (incorporated by reference to Exhibit 4.2 of the April 13 Form 8-K).
4.3 Amended and Restated Indenture, dated as of November 15, 1995, as Amended and Restated as of
December 15, 1995 between ITT Corporation (formerly known as ITT Destinations, Inc.) and the
First National Bank of Chicago, as trustee (incorporated by reference to Exhibit 4.A.IV to the First
Amendment to ITT Corporation’s Registration Statement on Form S-3 filed November 13, 1996).
4.4 First Indenture Supplement, dated as of December 31, 1998, among ITT Corporation, the Company
and The Bank of New York (incorporated by reference to Exhibit 4.1 to the Company’s Current
Report on Form 8-K filed with the SEC on January 8, 1999).
4.5 Second Indenture Supplement, dated as of April 9, 2006, among the Company, Sheraton Holding
Corporation and Bank of New York Trust Company, N.A., as trustee (incorporated by reference to
Exhibit 4.3 to the April 13 Form 8-K).
4.6 Indenture, dated as of April 19, 2002, among the Company, the guarantor parties named therein and
U.S. Bank National Association, as trustee (incorporated by reference to Exhibit 4.1 to the Company’s
and Sheraton Holding Corporation’s Joint Registration Statement on Form S-4 filed with the SEC on
November 19, 2002 (the “2002 Forms S-4”)).
4.7 Indenture, dated as of September 13, 2007, between the Company and the U.S. Bank National
Association, as trustee (incorporated by reference to Exhibit 4.1 to the Company’s Current Report on
Form 8-K filed with the SEC on September 17, 2007 (the “September 17 Form 8-K”)).
4.8 Supplemental Indenture, dated as of September 13, 2007, between the Company and the U.S. Bank
National Association, as trustee (incorporated by reference to Exhibit 4.2 to the September 17 Form 8-K).
4.9 Supplemental Indenture No. 2, dated as of May 23, 2008, between the Company and U.S. Bank
National Association, as trustee (incorporated by reference to Exhibit 4.1 to the Company’s Current
Report on Form 8-K filed with the SEC on May 28, 2008).
4.10 Supplemental Indenture No. 3, dated as of May 7, 2009, between the Company and the U.S. Bank
National Association, as trustee (incorporated by reference to Exhibit 4.1 to the Company’s Current
Report on Form 8-K files with the SEC on May 12, 2009).
45