EXHIBIT 10.32 ESCROW AGREEMENT DATED AS OF JULY 1, 1998 BY AND AMONG CHASE MANHATTAN BANK AND TRUST COMPANY, NATIONAL ASSOCIATION (AS ESCROW AGENT), CHASE MANHATTAN BANK AND TRUST COMPANY, NATIONAL ASSOCIATION (AS TRUSTEE)Escrow Agreement • August 14th, 1998 • Exodus Communications Inc • Telephone communications (no radiotelephone) • New York
Contract Type FiledAugust 14th, 1998 Company Industry Jurisdiction
EXHIBIT 10.20 LOAN AND SECURITY AGREEMENT Agreement No. ___________ Dated as of December 31, 1997Loan and Security Agreement • January 16th, 1998 • Exodus Communications Inc • California
Contract Type FiledJanuary 16th, 1998 Company Jurisdiction
Leased The Landlord does demise and lease to the Tenant the premises Premises located in the building (the "Building") having a municipal address of 72 Corporate Park in the City of Irvine, State of California 92606, and known as Suite 100 (the...Agreement • January 16th, 1998 • Exodus Communications Inc • California
Contract Type FiledJanuary 16th, 1998 Company Jurisdiction
EXHIBIT 4.07 EXODUS COMMUNICATIONS, INC. 4 3/4% CONVERTIBLE SUBORDINATED NOTES DUE JULY 15, 2008 REGISTRATION RIGHTS AGREEMENT Dated as of December 1, 1999 Goldman, Sachs & Co. Donaldson, Lufkin & Jenrette Securities Corporation Morgan Stanley & Co....Registration Rights Agreement • February 2nd, 2000 • Exodus Communications Inc • Services-business services, nec • New York
Contract Type FiledFebruary 2nd, 2000 Company Industry Jurisdiction
BETWEENRights Agreement • January 29th, 1999 • Exodus Communications Inc • Telephone communications (no radiotelephone) • Delaware
Contract Type FiledJanuary 29th, 1999 Company Industry Jurisdiction
This Agreement and Plan of Reorganization (this "Agreement") is entered --------- into as of January 7, 2000 ("Agreement Date"), by and among Exodus -------------- Communications, Inc., a Delaware corporation ("Acquirer"), KeyLabs, Inc., a Utah...Agreement and Plan of Reorganization • April 10th, 2000 • Exodus Communications Inc • Services-business services, nec • Utah
Contract Type FiledApril 10th, 2000 Company Industry Jurisdiction
ARTICLE I --------- LEASE TERMS -----------Lease • November 9th, 1998 • Exodus Communications Inc • Telephone communications (no radiotelephone)
Contract Type FiledNovember 9th, 1998 Company Industry
Exhibit 4.05 AMENDMENT NO. 1 TO RIGHTS AGREEMENT AMENDMENT NO. 1, dated as of October 20, 1999 (this "Amendment"), to the Rights Agreement, dated as of January 27, 1999 (the "Rights Agreement"), between Exodus Communications, Inc., a Delaware...Rights Agreement • November 29th, 1999 • Exodus Communications Inc • Services-business services, nec • Delaware
Contract Type FiledNovember 29th, 1999 Company Industry Jurisdiction
EXHIBIT 10.35 Indemnification Agreement Dated as of January 10, 2001 WHEREAS, Exodus Communications, Inc. ("Exodus"), Einstein Acquisition Corp. ("Acquisition Corp."), Global Crossing GlobalCenter Holdings, Inc., GlobalCenter Holding Co. ("Holdings"),...Indemnification Agreement • May 15th, 2001 • Exodus Communications Inc • Services-business services, nec
Contract Type FiledMay 15th, 2001 Company Industry
FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment To Lease Agreement ("Amendment") is entered into as of the _________ day of January, 1999 ("Amendment Date") by and between WASHCOP ASSOCIATES LIMITED PARTNERSHIP, a Delaware limited partnership...Lease Agreement • February 22nd, 1999 • Exodus Communications Inc • Telephone communications (no radiotelephone)
Contract Type FiledFebruary 22nd, 1999 Company Industry
EXHIBIT 10.37 AMENDMENT TO LOAN AGREEMENT THIS AMENDMENT TO LOAN AGREEMENT dated as of May 4, 2001 (this "Amendment") between LEHMAN BROTHERS BANK FSB, having an address at 921 North Orange Street, Wilmington, Delaware 19801 ("Lender") and EXODUS...Loan Agreement • May 15th, 2001 • Exodus Communications Inc • Services-business services, nec
Contract Type FiledMay 15th, 2001 Company Industry
and EXODUS COMMUNICATIONS INC AGREEMENT FOR LEASE relating to UNITS 5, 6 AND 7 PHASE 1 MATRIX PARK, CORONATION ROAD, PARK ROYAL LONDON NW10 WILDE SAPTE 1 Fleet Place London EC4M 7WSExodus Communications Inc • February 22nd, 1999 • Telephone communications (no radiotelephone) • England
Company FiledFebruary 22nd, 1999 Industry Jurisdiction
EXHIBIT 2.01 AGREEMENT AND PLAN OF MERGERAgreement and Plan of Merger • January 16th, 1998 • Exodus Communications Inc
Contract Type FiledJanuary 16th, 1998 Company
LOAN AGREEMENTLoan Agreement • January 16th, 1998 • Exodus Communications Inc • California
Contract Type FiledJanuary 16th, 1998 Company Jurisdiction
FIRST AMENDMENT TO LOAN AND SECURITY AGREEMENTLoan and Security Agreement • June 11th, 1998 • Exodus Communications Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledJune 11th, 1998 Company Industry Jurisdiction
EXHIBIT 10.72 EXODUS COMMUNICATIONS, INC. $375,000,000 10 3/4% Senior Notes due 2009 $125,000,000 10 3/4% Senior Notes due 2009 Purchase Agreement ------------------Exodus Communications Inc • February 2nd, 2000 • Services-business services, nec
Company FiledFebruary 2nd, 2000 Industry
EXHIBIT 1.01 EXODUS COMMUNICATIONS, INC. COMMON STOCK, PAR VALUE $.001 PER SHARE UNDERWRITING AGREEMENT ----------------------Exodus Communications Inc • February 24th, 1998 • Telephone communications (no radiotelephone) • New York
Company FiledFebruary 24th, 1998 Industry Jurisdiction
FORM T-1 STATEMENT OF ELIGIBILITY UNDER THE TRUST INDENTURE ACT OF 1939 OF A CORPORATION DESIGNATED TO ACT AS TRUSTEEExodus Communications Inc • January 23rd, 2001 • Services-business services, nec
Company FiledJanuary 23rd, 2001 Industry
Exhibit 4.06 EXODUS COMMUNICATIONS, INC. NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • February 17th, 1999 • Exodus Communications Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledFebruary 17th, 1999 Company Industry Jurisdiction
Exhibit 2.01 COMMON STOCK PURCHASE AGREEMENT This Common Stock Purchase Agreement (this "Agreement") is made and entered into as of March 22, 2000 by and among Mirror Image Internet, Inc., a Delaware corporation (the "Company"), Xcelera.com Inc., a...Common Stock Purchase Agreement • April 7th, 2000 • Exodus Communications Inc • Services-business services, nec • California
Contract Type FiledApril 7th, 2000 Company Industry Jurisdiction
Confidential Equity-For-Debt Exchange Agreement This Equity-For-Debt Exchange Agreement ("Agreement"), dated as of August 22, 2001 ("Effective Date"), is entered into between Exodus Communications, Inc. ("Company") and Fir Tree (Fir Tree Value Fund,...Exchange Agreement • November 14th, 2001 • Exodus Communications Inc • Services-business services, nec • New York
Contract Type FiledNovember 14th, 2001 Company Industry Jurisdiction
RECITALS --------Exodus Communications Inc • October 17th, 2000 • Services-business services, nec
Company FiledOctober 17th, 2000 Industry
WHEREAS, the Company has entered into an Agreement and Plan of Merger, dated as of the date hereof (the "Merger Agreement"), pursuant to which the ---------------- Investor, the owner of GlobalCenter Holding Co., a Delaware corporation, has agreed to...Stockholder Agreement • October 13th, 2000 • Exodus Communications Inc • Services-business services, nec • Delaware
Contract Type FiledOctober 13th, 2000 Company Industry Jurisdiction
Exhibit 4.06 AMENDMENT NO. 2 TO RIGHTS AGREEMENTRights Agreement • January 10th, 2001 • Exodus Communications Inc • Services-business services, nec • Delaware
Contract Type FiledJanuary 10th, 2001 Company Industry Jurisdiction
FINOVA FINANCIAL INNOVATORS FINOVA TECHNOLOGY FINANCE, INC. a subsidiary of FINOVA CAPITAL CORPORATION 10 WATERSIDE DRIVE FARMINGTON, CT 06032-3065 TEL 860 676 1818 860 678 4374 FAX 860 676 1814 December 17, 1997 Mr. Richard Stoltz Chief Financial...Exodus Communications Inc • January 16th, 1998
Company FiledJanuary 16th, 1998FINOVA Technology Finance, Inc. (the "Lessor") is pleased to offer to lease the Equipment described below to Exodus Communications, Inc. (the "Lessee").
FIRST AMENDMENT AND WAIVER dated as of April 18, 2001 (this "Amendment"), to the Credit Agreement dated as of October --------- 31, 2000(the "Credit Agreement"), among EXODUS COMMUNICATIONS, ---------------- INC., a Delaware corporation (the...Exodus Communications Inc • May 15th, 2001 • Services-business services, nec • New York
Company FiledMay 15th, 2001 Industry Jurisdiction
EXHIBIT 10.01 EXODUS COMMUNICATIONS, INC. SECOND AMENDED AND RESTATED INVESTORS' RIGHTS AGREEMENT June 25, 1997 TABLE OF CONTENTS -----------------Rights Agreement • January 16th, 1998 • Exodus Communications Inc • California
Contract Type FiledJanuary 16th, 1998 Company Jurisdiction
EXHIBIT 10.28 AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT EXODUS COMMUNICATIONS, INC. TABLE OF CONTENTSLoan and Security Agreement • March 30th, 2001 • Exodus Communications Inc • Services-business services, nec • California
Contract Type FiledMarch 30th, 2001 Company Industry Jurisdiction
EXHIBIT 10.10 OFFICE LEASE THE HARBORSIDE FINANCIAL CENTER JERSEY CITY, NEW JERSEY ----------------------- AGREEMENT 0F LEASEOffice Lease • February 24th, 1998 • Exodus Communications Inc • Telephone communications (no radiotelephone) • New Jersey
Contract Type FiledFebruary 24th, 1998 Company Industry Jurisdiction
EXHIBIT 4.06 Exodus Communications, Inc. 4 3/4% Convertible Subordinated Notes due July 15, 2008 Purchase Agreement ------------------Purchase Agreement • February 2nd, 2000 • Exodus Communications Inc • Services-business services, nec • New York
Contract Type FiledFebruary 2nd, 2000 Company Industry Jurisdiction
amongAgreement and Plan of Merger • October 13th, 2000 • Exodus Communications Inc • Services-business services, nec • Delaware
Contract Type FiledOctober 13th, 2000 Company Industry Jurisdiction
EXHIBIT 99.03 JOINT VENTURE AGREEMENTJoint Venture Agreement • October 13th, 2000 • Exodus Communications Inc • Services-business services, nec
Contract Type FiledOctober 13th, 2000 Company Industry
EXODUS COMMUNICATIONS, INC. AS ISSUER TO CHASE MANHATTAN BANK AND TRUST COMPANY, NATIONAL ASSOCIATION AS TRUSTEE INDENTURERegistration Rights Agreement • August 14th, 1998 • Exodus Communications Inc • Telephone communications (no radiotelephone) • California
Contract Type FiledAugust 14th, 1998 Company Industry Jurisdiction
EXHIBIT 1.01 Exodus Communications, Inc. Common Stock (par value $0.001 per share) Underwriting Agreement ----------------------Exodus Communications Inc • February 23rd, 2001 • Services-business services, nec • New York
Company FiledFebruary 23rd, 2001 Industry Jurisdiction
Exhibit 4.01 REGISTRATION RIGHTS AGREEMENT This Registration Rights Agreement (this "Agreement") is made and entered into as of April 21, 2000 by and among Exodus Communications, Inc., a Delaware corporation (the "Company"), Mirror Image Internet,...Registration Rights Agreement • May 5th, 2000 • Exodus Communications Inc • Services-business services, nec • California
Contract Type FiledMay 5th, 2000 Company Industry Jurisdiction