INTERXION HOLDING N. V., a public company with limited liability (naamloze vennootschap), incorporated under the laws of The Netherlands, having its corporate seat (statutaire zetel) in Amsterdam, The Netherlands and its address at Xxxxxxxxxxx 00, 0000 XX Xxxxxxxx-Xxxx, Xxx Xxxxxxxxxxx, registered with the Trade Register of the Chamber of Commerce under registration number 33301892 (the “Original Borrower” and the “Company”);
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INTERXION HOLDING N. V. (the “Company”), a company incorporated under the laws of the Netherlands, having its registered seat in Amsterdam and its principal place of business in (1119 NX) Xxxxxxxx, Xxxxxxxxxxx 00, registered in the Trade Register of the Chamber of Commerce, under number 33301892; and,
INTERXION HOLDING N. V. a Dutch public limited liability company By: /s/ Xxxxx X. Xxxxxx Name:Xxxxx X. Xxxxxx Title:Chief Executive Officer DN 39J 7A B.V. a Dutch private limited liability company /s/ Xxxxxxx Xxx By: Digital Realty Netherlands B.V. its managing director By: Xxxxxxx Xxx Title: managing director A /s/ Xxxxxx Xxxxxxxxx By: Digital Realty Netherlands B.V. its managing director By: Xxxxxx Xxxxxxxxx Title: managing director B Digital Realty Trust, Inc. a Maryland corporation /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx
INTERXION HOLDING N. Acquired Debt will be deemed to be Incurred on the date the acquired Person becomes a Restricted Subsidiary (or is merged into or consolidated with the Issuer or any Restricted Subsidiary, as the case may be) or the date of the related acquisition of assets from any Person.
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INTERXION HOLDING N. V. Indenture Page 41 If a Note is replaced pursuant to Section 2.07, it ceases to be outstanding unless the Trustee and the Issuer receive proof satisfactory to them that the Note which has been replaced is held by a bona fide purchaser in whose hands such Note is a legal, valid and binding obligation of the Issuer. If the principal amount of any Note is considered to be paid under Section 4.01, it ceases to be outstanding and interest thereon shall cease to accrue. If one or more Paying Agents hold, in their capacity as such, on a Redemption Date or maturity date of the Notes money sufficient to pay all principal, premium, if any, interest and Additional Amounts, if any, payable on that date with respect to the Notes (or portions thereof) to be redeemed or maturing, as the case may be, and are not prohibited from paying such money to the Holders thereof pursuant to the terms of this Indenture, then on and after that date such Notes (or portions thereof) cease to be outstanding and interest on them ceases to accrue.
INTERXION HOLDING N. Subsidiary in an involuntary case or proceeding under any applicable Bankruptcy Law or to the commencement of any bankruptcy or insolvency case or proceeding against it or, (C) the Issuer, any Guarantor or any Significant Subsidiary (x) consents to the appointment of, or taking possession by, a custodian, receiver, liquidator, examiner, administrator, supervisor, assignee, trustee, sequestrator or similar official of the Issuer, any Guarantor or any Significant Subsidiary or of any substantial part of their respective properties, (y) makes an assignment for the benefit of creditors generally or (z) admits in writing its inability to pay its debts generally as they become due.
INTERXION HOLDING N. V. Indenture Page 105 If the Guarantor fails to deliver the Management Determination or the Balance Sheet within the aforementioned time periods, the Trustee, acting for and on behalf of the Trustee and the Holders of Notes, shall be entitled to enforce the Guarantee irrespective of the limitations set out in paragraph (b) above.
INTERXION HOLDING N. EACH PURCHASER OF THIS GLOBAL NOTE OR ANY INTEREST HEREIN IS HEREBY NOTIFIED THAT THE SELLER OF THIS GLOBAL NOTE MAY BE RELYING ON THE EXEMPTION FROM THE PROVISIONS OF SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. [If Regulation S Global Note – Common Code •/ISIN Number •] [If Restricted Global Note – Common Code •/ISIN Number •] 9.50% SENIOR SECURED NOTE DUE 2017 InterXion Holding N.V., a limited liability company organized under the laws of The Netherlands and with its corporate seat at Amsterdam, The Netherlands, for value received promises to pay to The Bank of New York Depository (Nominees) Limited or registered assigns the sum of € (or such lesser or greater amount as indicated in Schedule A (Schedule of Principal Amount) on the reverse hereof) on February 12, 2017. From February 12, 2010, or from the most recent interest payment date to which interest has been paid or provided for, cash interest on this Note will accrue at 9.50%, payable semiannually on February 12 and August 12 of each year, beginning on August 12, 2010, to the Person in whose name this Note (or any predecessor Note) is registered at the close of business on the preceding January 29 or July 29, as the case may be. THIS NOTE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. Unless the certificate of authentication hereon has been executed by the Trustee referred to on the reverse hereof by manual signature of an authorized signatory, this Note shall not be entitled to any benefit under the Indenture or be valid or obligatory for any purpose. Reference is hereby made to the further provisions of this Note set forth on the reverse hereof and to the provisions of the Indenture, which provisions shall for all purposes have the same effect as if set forth at this place. Capitalized terms not otherwise defined shall have the meanings set forth in the Indenture. IN WITNESS WHEREOF, InterXion Holding N.V. has caused this Note to be signed manually or by facsimile by its duly authorized signatory. Dated: InterXion Holding N.V. By: Name: Title: TRUSTEE’S CERTIFICATE OF AUTHENTICATION The Bank of New York Mellon, London Branch as Trustee, certifies that this is one of the Notes referred to in the Indenture. By: Authorized Officer Interxion Holding N.V. Indenture Page 6 [FORM OF REVERSE SIDE OF NOTE] 9.50% Senior Secured Note Due 2017
