7,000,000 Shares DUPONT FABROS TECHNOLOGY, INC. UNDERWRITING AGREEMENTUnderwriting Agreement • May 12th, 2016 • Dupont Fabros Technology, Inc. • Real estate • New York
DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”) proposes to sell 7,000,000 shares (the “Firm Stock”) of the Company’s 6.625% Series C Cumulative Redeemable Perpetual Preferred Stock, par value $0.001 per share (the “Preferred Stock”). In addition, the Company proposes to grant to the underwriters (the “Underwriters”) named in Schedule 1 attached to this agreement (this “Agreement”) an option to purchase up to 1,050,000 additional shares of the Preferred Stock on the terms set forth in Section 2 (the “Option Stock”).
FIRST AMENDED AND RESTATED CREDIT AGREEMENT DATED AS OF JULY 25, 2016 by and among DUPONT FABROS TECHNOLOGY, L.P., AS BORROWER, KEYBANK NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME...Credit Agreement • July 28th, 2016 • Dupont Fabros Technology, Inc. • Real estate
payment in full of the principal of the Obligations of the undersigned Maker (including the period of any renewal or extension thereof) so that the interest thereon for such full period shall not exceed the maximum amount permitted by applicable law. This paragraph shall control all agreements between the undersigned Maker and the Lenders and the Agent.
FORM OF AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DUPONT FABROS TECHNOLOGY, L.P.Limited Partnership Agreement • October 5th, 2007 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS AGREEMENT OF LIMITED PARTNERSHIP of DuPont Fabros Technology, L.P., (the “Partnership”) dated as of , 2007 (the “Partnership Agreement”), is entered into by and among DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.
DuPont Fabros Technology, Inc. $200,000,000 of Common Stock EQUITY DISTRIBUTION AGREEMENTEquity Distribution Agreement • February 23rd, 2017 • Dupont Fabros Technology, Inc. • Real estate • New York
DUPONT FABROS TECHNOLOGY, L.P., as Issuer — and — U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of June 9, 2015 Debt SecuritiesIndenture • June 9th, 2015 • Dupont Fabros Technology, Inc. • Real estate • New York
INDENTURE, dated as of June 9, 2015 (the “Indenture”), between: DuPont Fabros Technology, L.P., a Maryland limited partnership (the “Operating Partnership”), having its principal executive office located at 1212 New York Avenue, NW, Suite 900, Washington, D.C. 20005, as issuer, and U.S. Bank National Association, as trustee, registrar, paying agent and transfer agent (the “Trustee,” “Registrar,” “Paying Agent,” and “Transfer Agent,” respectively).
DUPONT FABROS TECHNOLOGY, INC. Restricted Stock Award Agreement Issued Under the 2017 Long-Term Incentive Compensation PlanRestricted Stock Award Agreement • January 10th, 2017 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS RESTRICTED STOCK AWARD AGREEMENT (the “Agreement”), effective as of the ____ day of January, 2017, governs an award granted by DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (the “Company”), of common stock of the Company, par value $0.001 per share (“Common Stock”), to __________________________ (the “Participant”), in accordance with and subject to the provisions of the Company’s 2011 Equity Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All capitalized terms used, but not defined, in this Agreement shall have the meaning given such terms in the Plan.
SEVERANCE AGREEMENTSeverance Agreement • February 19th, 2016 • Dupont Fabros Technology, Inc. • Real estate • District of Columbia
This Severance Agreement (“Agreement”) is entered into effective December 3, 2015 (“Effective Date”), by and between Brian D. Doricko (“Executive”) DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), and DF Property Management LLC, a Delaware limited liability company (the “LLC”).
AGREEMENT AND PLAN OF MERGER RHINO INTERESTS LLCMerger Agreement • September 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS TAX PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of [ ], 2007 by and among DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (the “REIT”), DUPONT FABROS TECHNOLOGY, L.P., a Delaware limited partnership (the “Partnership”), SAFARI VENTURES LLC, a Delaware limited liability company and five entities that will merge into the Partnership, RHINO INTERESTS LLC, a Delaware limited liability company, QUILL VENTURES LLC, a Delaware limited liability company, LEMUR VENTURES LLC, a Delaware limited liability company, MEERKAT INTERESTS LLC, a Delaware limited liability company, and GRIZZLY INTERESTS LLC, a Delaware limited liability company (each, together with Safari Ventures LLC, a “Merging Entity” and collectively the “Merging Entities”) and each of the undersigned parties hereto identified as “Protected Partners.”
TERM LOAN AGREEMENT DATED AS OF SEPTEMBER 13, 2013 by and among DUPONT FABROS TECHNOLOGY, L.P., AS BORROWER, ROYAL BANK OF CANADA, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY BECOME PARTIES TO THIS AGREEMENT, ROYAL...Term Loan Agreement • September 19th, 2013 • Dupont Fabros Technology, Inc. • Real estate
Reference is made to the Term Loan Agreement dated as of September 13, 2013 (as the same may hereafter be amended, supplemented or modified from time to time, the “Loan Agreement”) by and among DuPont Fabros Technology, L.P. (“Borrower”), Royal Bank of Canada for itself and as Agent, and the other Lenders from time to time party thereto. Terms defined in the Loan Agreement and not otherwise defined herein are used herein as defined in the Loan Agreement.
DuPont Fabros Technology, L.P. as Issuer the Guarantors party hereto and U.S. Bank National Association as Trustee Indenture Dated as of September 24, 2013 5.875% Senior Notes Due 2021Indenture • September 26th, 2013 • Dupont Fabros Technology, Inc. • Real estate • New York
INDENTURE, dated as of September 24, 2013, among DuPont Fabros Technology, L.P., a Maryland limited partnership, as the Company, the Guarantors party hereto, and U.S. Bank National Association, a national banking association, as Trustee.
HOSSEIN FATEH SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENTEmployment Agreement • December 5th, 2011 • Dupont Fabros Technology, Inc. • Real estate • District of Columbia
THIS SECOND AMENDED AND RESTATED EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of December 1, 2011 (the “Effective Date”), by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Hossein Fateh (the “Executive”).
DUPONT FABROS TECHNOLOGY, INC. Stock Unit Award Agreement Issued Under the 2017 Long-Term Incentive Compensation PlanStock Unit Award Agreement • January 10th, 2017 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS STOCK UNIT AWARD AGREEMENT (the “Agreement”), effective as of the ____ day of January, 2017 (the “Grant Date”), governs an award granted by DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (the “Company”), of stock units for shares of the common stock of the Company, par value, $0.001 per share (“Common Stock”), to __________________________ (the “Participant”), in accordance with and subject to the provisions of the Company’s 2011 Equity Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. Capitalized terms used, but not defined, in this Agreement shall have the meaning given such terms in the Plan.
GUARANTY Property Commonly Known asGuaranty • December 4th, 2009 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS GUARANTY (“Guaranty”) made as of December 2, 2009, by DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), to and for the benefit of TD BANK, NATIONAL ASSOCIATION (“TD Bank”), a national banking association, as Agent (“Agent”), and TD Bank and the other lenders now or hereafter a party to the Credit Agreement (as hereinafter defined) (the “Lenders”) (Agent and the Lenders, and their successors and assigns, are hereinafter referred to collectively as the “Credit Parties”).
LAMMOT J. DU PONT EMPLOYMENT AGREEMENTEmployment Agreement • May 5th, 2010 • Dupont Fabros Technology, Inc. • Real estate • District of Columbia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of October 18, 2007, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), and Lammot J. du Pont (the “Executive”).
CONTRIBUTION AGREEMENT WHALE HOLDINGS LLCContribution Agreement • September 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is entered into as of August 9, 2007 by and between Panda Interests LLC, a Virginia limited liability company (the “Panda Investment Entity”), Mercer Interests LLC, a Delaware limited liability company (the “Mercer Investment Entity”) (the Panda Investment Entity and the Mercer Investment Entity, individually, an “Investment Entity” and, collectively, the “Investment Entities”), DuPont Fabros Technology, L.P., a Maryland limited partnership (the “OP”) and operating subsidiary of DuPont Fabros Technology, Inc., a Maryland corporation (“DF REIT”), and, solely for purposes of Article II hereof, the Principals (as defined herein);
MARK L. WETZEL SECOND AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • May 26th, 2011 • Dupont Fabros Technology, Inc. • Real estate
THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this “Second Amendment”) is dated as of May 23, 2011, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Mark L. Wetzel (the “Executive”).
CONTRIBUTION AGREEMENT DUPONT FABROS DEVELOPMENT LLCContribution Agreement • September 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS CONTRIBUTION AGREEMENT (this “Agreement”) is entered into as of August 9, 2007 by and between DuPont Fabros Development LLC, a Delaware limited liability company (the “Investment Entity”), DuPont Fabros Technology, L.P., a Maryland limited partnership (the “OP”) and operating subsidiary of DuPont Fabros Technology, Inc., a Maryland corporation (“DF REIT”), and, solely for purposes of Article II hereof, the Principals (as defined herein);
DUPONT FABROS TECHNOLOGY, INC. Stock Award and LTIP Award AgreementStock Award and Ltip Award Agreement • October 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS STOCK AWARD AND LTIP AWARD AGREEMENT (the “Agreement”), effective as of the 18th day of October, 2007, governs the Stock Award and the award of LTIPs granted by DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (the “Company”), to HOSSEIN FATEH (the “Participant”), in accordance with and subject to the provisions of the Company’s 2007 Equity Compensation Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
CREDIT AGREEMENT DATED AS OF DECEMBER 2, 2009 by and among FOX PROPERTIES LLC, AS BORROWER, DUPONT FABROS TECHNOLOGY, L.P., AS GUARANTOR, TD BANK, NATIONAL ASSOCIATION, THE OTHER LENDERS WHICH ARE PARTIES TO THIS AGREEMENT AND OTHER LENDERS THAT MAY...Credit Agreement • December 4th, 2009 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS CREDIT AGREEMENT (this “Agreement”) is made as of the 2nd day of December, 2009, by and among FOX PROPERTIES LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), TD BANK, NATIONAL ASSOCIATION (“TD”), the other lending institutions which are parties to this Agreement as “Lenders”, and the other lending institutions that may become parties hereto pursuant to §18 (together with TD, the “Lenders”), and TD BANK, NATIONAL ASSOCIATION, as Agent for the Lenders (the “Agent”), and TD SECURITIES (USA) LLC, as Sole Lead Arranger and Sole Book Manager.
DUPONT FABROS TECHNOLOGY, INC. Stock Option Award Agreement Under the 2013 Long-Term Incentive Compensation PlanStock Option Award Agreement • February 27th, 2013 • Dupont Fabros Technology, Inc. • Real estate • Maryland
THIS STOCK OPTION AWARD AGREEMENT (the “Agreement”), effective as of the 21st day of February, 2013, governs an award granted by DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (the “Company”), of options with respect to common stock of the Company, par value, $0.001 per share (“Common Stock”), to __________________________ (the “Participant”), in accordance with and subject to the provisions of the Company's 2011 Equity Incentive Plan (the “Plan”). A copy of the Plan has been made available to the Participant. All terms used in this Agreement that are defined in the Plan have the same meaning given them in the Plan.
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 18th, 2009 • Dupont Fabros Technology, Inc. • Real estate • New York
DuPont Fabros Technology, L.P., a Maryland limited partnership (the “Partnership”) is issuing and selling to the several initial purchasers listed in Schedule I hereto (the “Initial Purchasers”), upon the terms set forth in the Purchase Agreement dated December 11, 2009, by and among the Partnership, DuPont Fabros Technology, Inc. (the “Parent”), the Initial Purchasers and the Subsidiary Guarantors named therein (the “Purchase Agreement”), $550,000,000 aggregate principal amount of 8 1/2% Senior Notes due 2017 issued by the Partnership (each, a “Note” and collectively, the “Notes”). As an inducement to the Initial Purchasers to enter into the Purchase Agreement, the Partnership and the guarantors listed in the signature pages hereto agree with the Initial Purchasers, for the benefit of the Holders (as defined below) of the Notes (including, without limitation, the Initial Purchasers), as follows:
ACCESSION AGREEMENTAccession Agreement • October 24th, 2013 • Dupont Fabros Technology, Inc. • Real estate
WHEREAS, Reference is made to that certain Term Loan Agreement, dated September 13, 2013, by and among DUPONT FABROS TECHNOLOGY, L.P. (“Borrower”), the lenders that are or may become a party thereto, and ROYAL BANK OF CANADA, individually and as Agent (as amended, supplemented or modified from time to time, the “Loan Agreement”); and
CREDIT AGREEMENT DATED AS OF AUGUST 7, 2007 by and among SAFARI VENTURES LLC, AS PARENT BORROWER, RHINO EQUITY LLC, QUILL EQUITY LLC, LEMUR PROPERTIES LLC AND PORPOISE VENTURES LLC, AS SUBSIDIARY BORROWERS, KEYBANK NATIONAL ASSOCIATION, THE OTHER...Credit Agreement • September 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate
CONSTRUCTION LOAN AGREEMENT for a loan in the amount of MADE BY AND BETWEEN TARANTULA VENTURES LLC, a Delaware limited liability company, As Borrower AND KEYBANK NATIONAL ASSOCIATION, a national banking association, 127 Public Square, Cleveland, Ohio...Construction Loan Agreement • December 21st, 2007 • Dupont Fabros Technology, Inc. • Real estate • Illinois
THIS CONSTRUCTION LOAN AGREEMENT (“Agreement”) is made as of December 20, 2007, by and among TARANTULA VENTURES LLC, a Delaware limited liability company (“Borrower”), and KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), its successors and assigns, individually and as a lender and administrative agent (referred to in such capacity as “Agent” in this Agreement), and each of the undersigned lending institutions (KeyBank, as a lender, and each such lending institution, and their respective successors and assigns, referred to individually or collectively, as the context shall infer, as the “Lender”).
DUPONT FABROS TECHNOLOGY, L.P. $600,000,000 5.875% of Senior Notes due 2021 REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • September 26th, 2013 • Dupont Fabros Technology, Inc. • Real estate • New York
DuPont Fabros Technology, L.P., a Maryland limited partnership (the “Partnership”) is issuing and selling to the several initial purchasers listed in Schedule I hereto (the “Initial Purchasers”), upon the terms set forth in the Purchase Agreement dated September 12, 2013, by and among the Partnership, DuPont Fabros Technology, Inc. (the “Parent”), the Initial Purchasers and the Subsidiary Guarantors named therein (the “Purchase Agreement”), $600,000,000 aggregate principal amount of 5.875% Senior Notes due 2021 issued by the Partnership (each, a “Note” and collectively, the “Notes”). As an inducement to the Initial Purchasers to enter into the Purchase Agreement, the Partnership and the guarantors listed in the signature pages hereto agree with the Initial Purchasers, for the benefit of the Holders (as defined below) of the Notes (including, without limitation, the Initial Purchasers), as follows:
FIRST AMENDMENT TO LOAN DOCUMENTS October 24, 2007Loan Agreement • November 28th, 2007 • Dupont Fabros Technology, Inc. • Real estate • New York
THIS FIRST AMENDMENT TO LOAN AGREEMENT (this “Amendment”) is made as of this 24th day of October, 2007 (the “Effective Date”) by LEHMAN BROTHERS HOLDINGS INC., a Delaware corporation (individually and as lead arranger and administrative agent for itself and certain co-lenders), having an address at 399 Park Avenue, 8th Floor, New York, New York 10022 (“Lender”), TARANTULA VENTURES LLC, a Delaware limited liability company having an address at 1212 New York Avenue, N.W., Suite 900, Washington, D.C., 20005.
INDEMNITY AGREEMENTIndemnification Agreement • October 18th, 2007 • Dupont Fabros Technology, Inc. • Real estate
THIS INDEMNITY AGREEMENT (this “Agreement”), is made as of this __ day of October, 2007, by LAMMOT J. DU PONT and HOSSEIN FATEH (“Indemnitors”) for the benefit of DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation, and DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (the “OP”) (collectively, the “Indemnitees”).
SEPARATION AGREEMENT AND GENERAL RELEASESeparation Agreement • February 4th, 2015 • Dupont Fabros Technology, Inc. • Real estate • District of Columbia
THIS SEPARATION AGREEMENT AND GENERAL RELEASE (this “Agreement”) is dated as of February 2, 2015 (the “Effective Date”), by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Hossein Fateh (the “Executive”).
LAMMOT J. DU PONT FIRST AMENDMENT TO AMENDED AND RESTED EMPLOYMENT AGREEMENTEmployment Agreement • May 21st, 2012 • Dupont Fabros Technology, Inc. • Real estate
THIS FIRST AMENDMENT TO AMENDED AND RESATED EMPLOYMENT AGREEMENT (this “First Amendment”) is dated as of May 21, 2012, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Lammot J. du Pont (the “Executive”).
FIRST AMENDMENT TO credit agreementCredit Agreement • May 14th, 2014 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS FIRST AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) made as of the 9th day of May, 2014, by and among QUILL EQUITY LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTSCredit Agreement • February 12th, 2009 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 10th day of February, 2009, by and among GRIZZLY VENTURES LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), TARANTULA VENTURES LLC, a Delaware limited liability company (“Additional Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
PURCHASE AND SALE AGREEMENT BY AND AMONG WHALE INTERESTS LLC and DF TECHNICAL SERVICES, LLC, as Seller Parties and DUPONT FABROS TECHNOLOGY, INC., as Seller Parent and QTS INVESTMENT PROPERTIES PISCATAWAY, LLC and QUALITY TECHNOLOGY SERVICES...Purchase and Sale Agreement • June 7th, 2016 • Dupont Fabros Technology, Inc. • Real estate • New York
This PURCHASE AND SALE AGREEMENT (this “Agreement”), effective this 6th day of June, 2016 (the “Closing Date”), is entered into by and among WHALE INTERESTS LLC, a Delaware limited liability company (“Interest Seller”), DF TECHNICAL SERVICES, LLC, a Delaware limited liability company (“Asset Seller” and, together with Interest Seller, the “Seller Parties”), DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (“Seller Parent”), on the one hand, and QTS INVESTMENT PROPERTIES PISCATAWAY, LLC, a Delaware limited liability company (“Interest Purchaser”) and QUALITY TECHNOLOGY SERVICES PISCATAWAY II, LLC, a Delaware limited liability company (“Asset Purchaser” and, together with Interest Purchaser, the “Purchaser Parties”), on the other hand. Each of the Seller Parties, Seller Parent and each of the Purchaser Parties shall be referred to in this Agreement as a “Party”, and collectively as the “Parties”. Capitalized terms used in this Agreement have the meanings specified in Exhibit A to,
SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTSCredit Agreement • April 1st, 2010 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS SECOND AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 26th day of March, 2010, by and among FOX PROPERTIES LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), TD BANK, NATIONAL ASSOCIATION, a national banking association (“TO”), THE LENDERS WHICH ARE OR BECOME PARTIES TO THE CREDIT AGREEMENT (AS HEREINAFTER DEFINED) (TD and such lenders, collectively, the “Lenders”), and TD BANK, NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”),
THIRD AMENDMENT TO credit agreementCredit Agreement • April 12th, 2013 • Dupont Fabros Technology, Inc. • Real estate
THIS THIRD AMENDMENT TO CREDIT AGREEMENT (this “Amendment”) made as of the ___ day of April, 2013, by and among DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Borrower”), DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (“REIT”), the parties executing below as Subsidiary Guarantors (the “Subsidiary Guarantors”; REIT and the Subsidiary Guarantors, collectively the “Guarantors”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
JEFFREY H. FOSTER FIRST AMENDMENT TO SEVERANCE AGREEMENTSeverance Agreement • December 5th, 2011 • Dupont Fabros Technology, Inc. • Real estate
THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (this “First Amendment”) is dated as of December 1, 2011, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), DF Property Management LLC, a Delaware limited liability company (the “LLC”), and Jeffrey H. Foster (the “Executive”).
