DIGITAL REALTY TRUST, INC. 20,000,000 Shares a/ Common Stock ($0.01 par value) Underwriting AgreementDigital Realty Trust, Inc. • December 13th, 2004 • Real estate investment trusts • New York
LOAN AGREEMENT Dated as of November 3, 2004 by and among GLOBAL WEEHAWKEN ACQUISITION COMPANY, LLC as Borrower, and CITIGROUP GLOBAL MARKETS REALTY CORP.Loan Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, made as of November 3, 2004, is by and among GLOBAL WEEHAWKEN ACQUISITION COMPANY, LLC, a Delaware limited liability company, having an address at c/o Digital Realty Trust, L.P., 2730 Sand Hill Road, Suite 280, Menlo Park, California 94025 (“Borrower”), and CITIGROUP GLOBAL MARKETS REALTY CORP., a New York corporation, having an address at 388 Greenwich Street, 11th Floor, New York, New York 10013 (together with its successors and assigns, whether one or more, “Lender”).
REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • California
THIS REGISTRATION RIGHTS AGREEMENT, dated as of October 27, 2004, is entered into by and among Digital Realty Trust, Inc., a Maryland corporation (the “Company”), Digital Realty Trust, L.P., a Maryland limited partnership (the “Operating Partnership”), and the unit holders whose names are set forth on the signature pages hereto (each a “Unit Holder” and collectively, the “Unit Holders”).
REVOLVING CREDIT AGREEMENT Dated as of November 3, 2004 among DIGITAL REALTY TRUST, L.P., as Borrower, DIGITAL REALTY TRUST, INC., as Parent Guarantor, THE SUBSIDIARY GUARANTORS NAMED HEREIN, as Subsidiary Guarantors, THE INITIAL LENDERS, INITIAL...Revolving Credit Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
The Applicable Margin for each Base Rate Advance shall be determined by reference to the Leverage Ratio in effect from time to time and the Applicable Margin for any Interest Period for all Eurodollar Rate Advances comprising part of the same Borrowing shall be determined by reference to the Leverage Ratio in effect on the first day of such Interest Period; provided, however, that (a) the Applicable Margin shall initially be at Pricing Level II on the Closing Date, (b) no change in the Applicable Margin resulting from the Leverage Ratio shall be effective until three Business Days after the date on which the Administrative Agent receives (x) the financial statements required to be delivered pursuant to Section 5.03(b) or (c), as the case may be, and (y) a certificate of the Chief Financial Officer of the Borrower demonstrating the Leverage Ratio, and (c) the Applicable Margin shall be at Pricing Level I for so long as the Borrower has not submitted to the Administrative Agent as and wh
AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DIGITAL REALTY TRUST, L.P.Digital Realty Trust, Inc. • December 13th, 2004 • Real estate investment trusts • Maryland
THIS AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of Digital Realty Trust, L.P., dated as of October 27, 2004, is entered into by and among Digital Realty, 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.
NON-COMPETITION AGREEMENTNon-Competition Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • California
THIS NON-COMPETITION AGREEMENT (this “Agreement”) is dated as of October 28, 2004, by and between Digital Realty, Inc., a Maryland corporation (the “Company”), and Global Innovation Partners, LLC, a Delaware limited liability company (the “Fund”).
FORM OF DIGITAL REALTY TRUST, INC. INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • California
THIS AGREEMENT, dated as of , 2004 (the “Grant Date”), is made by and between Digital Realty Trust, Inc., a Maryland corporation (the “Company”), and , an employee of the Company or a “subsidiary corporation” thereof within the meaning of Section 424(f) of the Code (the “Optionee”).
FORM OF PROFITS INTEREST UNITS AGREEMENTProfits Interest Units Agreement • December 13th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • California
THIS PROFITS INTEREST UNITS AGREEMENT (this “Agreement”) is made and entered into as of , 2004 (the “Effective Date”), by and between Digital Realty Trust, L.P., a Maryland limited partnership (the “Partnership”), and (“Participant”). Capitalized terms used in this Agreement but not otherwise defined herein shall have their respective meanings set forth in the Plan and/or the Partnership Agreement (each as defined below), as applicable.
