DIGITAL REALTY TRUST, INC. Shares a/ % Series A Cumulative Redeemable Preferred Stock Liquidation Preference $ Per Share Form of Underwriting AgreementUnderwriting Agreement • February 2nd, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
Digital Realty Trust, Inc., a corporation organized under the laws of the State of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as Representatives, shares of % Series A Cumulative Redeemable Preferred Stock (liquidation preference $ per share), $0.01 par value (“Series A Preferred Stock”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to additional shares of Series A Preferred Stock to cover over-allotments (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms
FORM OF SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DIGITAL REALTY TRUST, L.P.Limited Partnership Agreement • February 2nd, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • Maryland
THIS SECOND AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of Digital Realty Trust, L.P., dated as of February , 2005, 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.
CONSENT AGREEMENT (COMM 2003-FL9; Loan No. 010209703)Consent Agreement • February 2nd, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts
THIS CONSENT AGREEMENT (the “Agreement”) is executed and entered into as of this, 2004, by and among LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF COMM 2003 FL-9 COMMERCIAL MORTGAGE PASS THROUGH CERTIFICATES, having an address at c/o Midland Loan Services, Inc., CMBS Surveillance Dept., 10851 Mastin, Suite 700, Bldg. 82, Overland Park, Kansas 66210 Re: COMM 2003-FL9; Loan No. 010209703 (“Lender”) and GLOBAL MARSH PROPERTY OWNER, L.P., a Texas limited partnership, having an address at c/o GI Partners, 2730 Sand Hill Road, Suite 280, Menlo Park, California 94025 Attn: Mr. Richard Magnuson and Mr. Michael Foust (“Borrower”). The term “Effective Date” as used in this Agreement shall mean the date upon which this Agreement has been signed and delivered by both Lender and Borrower.
LOAN AGREEMENT Dated as of November 3, 2004 by and between DIGITAL-BRYAN STREET PARTNERSHIP, L.P. (as Borrower) and COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC. (as Lender)Loan Agreement • February 2nd, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of November 3, 2004 (as the same may from time to time hereafter be modified, supplemented or amended, this “Agreement”), is made by and between COUNTRYWIDE COMMERCIAL REAL ESTATE FINANCE, INC., a California corporation, (together, with its successors and assigns, “Lender”), and DIGITAL-BRYAN STREET PARTNERSHIP, L.P., a Texas limited partnership (together with its permitted successors and assigns, “Borrower”).
