Standard Contracts
AGREEMENT OF LEASELease Agreement • September 27th, 2006 • Switch & Data, Inc. • New York
* CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
SUBLEASESublease • September 27th, 2006 • Switch & Data, Inc. • New York
THIS SUBLEASE is made as of this 21st day of November 2005, by and between GLOBAL CROSSING Telecommunications, INC., a Michigan corporation with offices at 1080 Pittsford Victor Road, Pittsford, New York 14534 (“Sublessor”) and Switch & Data/NY Facilities Company LLC, a Delaware limited liability company with offices at 1715 N. Westshore Blvd., Suite 650, Tampa, Florida 33607 (“Sublessee”).
THIRD AMENDED AND RESTATED CREDIT AGREEMENT among SWITCH & DATA HOLDINGS, INC., as the Borrower THE INSTITUTIONS PARTY HERETO FROM TIME TO TIME AS LENDERS, as the Lenders, DEUTSCHE BANK AG NEW YORK BRANCH, as the Administrative Agent, CANADIAN...Credit Agreement • September 27th, 2006 • Switch & Data, Inc. • New York
This THIRD AMENDED AND RESTATED CREDIT AGREEMENT (as amended, supplemented, amended and restated or otherwise modified from time to time, this “Agreement”), is entered into as of October 13, 2005, among SWITCH & DATA HOLDINGS, INC., a Delaware corporation (the “Borrower”), THE FINANCIAL INSTITUTIONS FROM TIME TO TIME PARTIES HERETO AS LENDERS (each individually referred to herein as a “Lender” and, collectively, as the “Lenders”), DEUTSCHE BANK AG NEW YORK BRANCH (“DBAG”), as administrative agent for the Lenders and as collateral agent for the Secured Parties (in such capacities, the “Administrative Agent”), CANADIAN IMPERIAL BANK OF COMMERCE and ROYAL BANK OF CANADA, as the co-documentation agents for the Lenders (in such capacity, the “Co-Documentation Agents”), CIT LENDING SERVICES CORPORATION and BNP PARIBAS, as the co-syndication agents for the Lenders (in such capacity, the “Co-Syndication Agents”) and DEUTSCHE BANK SECURITIES INC. and BNP PARIBAS as the joint lead arrangers (in
EMPLOYMENT AGREEMENTEmployment Agreement • September 27th, 2006 • Switch & Data, Inc. • Florida
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is entered into by and between SWITCH and DATA FACILITIES COMPANY Inc. a Delaware Corporation (“Company”), and GEORGE A. POLLOCK, JR. (“Employee”) on June 16, 2004, to be effective as of June 14, 2004 (the “Effective Date”).
FIRST AMENDMENT OF LEASELease Agreement • September 27th, 2006 • Switch & Data, Inc. • New York
By lease dated as of June 30, 1998 (the “Lease”), 111 Eighth Avenue LLC (Landlord’s predecessor-in-interest) leased to Extranet Telecommunications, Inc. (Tenant’s predecessor-in-interest) portions of the 5th and 15th floors in the building (the “Building”) located at 111 8th Avenue, New York, New York (such portions of the 5th and 15th floors in the Building being hereinafter collectively referred to as the “Original Premises”), upon all of the terms, covenants, conditions and provisions more particularly contained in the Lease. The term of the Lease is fixed to expire on [*].
EMPLOYMENT AGREEMENT between SWITCH & DATA FACILITIES COMPANY, INC. and ERNEST SAMPERAEmployment Agreement • September 27th, 2006 • Switch & Data, Inc. • Florida
This EMPLOYMENT AGREEMENT (this “Agreement”) is entered into by and between Switch & Data Facilities Company, Inc., a Delaware corporation (the “Company”), and Ernest Sampera (the “Employee”) effective as of July 21, 2004 (the “Effective Date”).
SECOND AMENDMENT TO SUBLEASESublease • September 27th, 2006 • Switch & Data, Inc.
This AMENDMENT to SUBLEASE is made as of this 10th day of August 2006, by and between GLOBAL CROSSING Telecommunications, INC, a Michigan corporation with offices at 1080 Pittsford Victor Road, Pittsford, New York 14534 (“Sublessor”) and Switch & Data/NY Facilities Company LLC, a Delaware limited liability company with offices at 1715 N. Westshore Blvd., Suite 650, Tampa, Florida 33607 (“Sublessee”).
EMPLOYMENT AGREEMENT between SWITCH & DATA MANAGEMENT COMPANY LLC and WILLIAM F. ROACH, JR.Employment Agreement • September 27th, 2006 • Switch & Data, Inc. • Florida
This EMPLOYMENT AGREEMENT (this “Agreement”) is entered into by and between Switch & Data Management Company LLC, a Delaware limited liability company (the “Company”), and William F. Roach, Jr. (the “Employee”) effective as of July 1, 2006 (the “Effective Date”).
AMENDMENT NO. 2 TO LEASELease Amendment • September 27th, 2006 • Switch & Data, Inc.
This AMENDMENT No. 2 To LEASE (this “Agreement”) is dated as of this 31 day of January, 2005 (the “Effective Date), by and between 529 BRYANT STREET PARTNERS LLC, a Delaware limited liability company (“Landlord”), and SWITCH AND DATA CA NINE LLC, a Delaware limited liability company (“Tenant”). SWITCH & DATA FACILITIES COMPANY, INC., a Delaware corporation (“Guarantor”), by its execution of this Agreement, consents to this Agreement and reaffirms and ratifies its obligations under that certain Guaranty in favor of Landlord entered into on or about January 31, 2005, and agrees that, without limitation, Guarantor’s obligations under the Guaranty apply to the Lease as amended by this Agreement.
FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • September 27th, 2006 • Switch & Data, Inc. • New York
This FIRST AMENDMENT TO THIRD AMENDED AND RESTATED CREDIT AGREEMENT, dated as of April 28, 2006 (this “Amendment”), is by and among SWITCH & DATA HOLDINGS, INC., a Delaware corporation (the “Borrower”), the financial institutions from time to time party to the Credit Agreement referred to below as Lenders, DEUTSCHE BANK AG NEW YORK BRANCH, as administrative agent (hereinafter, in such capacity, the “Administrative Agent”) for itself and the Lenders, CANADIAN IMPERIAL BANK OF COMMERCE and ROYAL BANK OF CANADA, as co-documentation agents (the “Co-Documentation Agents”), and CIT LENDING SERVICES CORPORATION and BNP PARIBAS, as co-syndication agents (the “Co-Syndication Agents”), amending certain provisions of the Third Amended and Restated Credit Agreement, dated as of October 13, 2005 (as amended, restated, supplemented or otherwise modified and in effect from time to time, the “Credit Agreement”), among the Borrower, the financial institutions party thereto from time to time as lenders
EMPLOYMENT AGREEMENTEmployment Agreement • September 27th, 2006 • Switch & Data, Inc. • Delaware
The purpose of the SWITCH & DATA FACILITIES COMPANY, INC. 2003 STOCK INCENTIVE PLAN (this “Plan”) is to provide a means through which SWITCH & DATA FACILITIES COMPANY, INC., a Delaware corporation (the “Company”), and its Affiliates may attract able persons to serve as Directors or Consultants or to enter the employ of the Company and its Affiliates and to provide a means whereby those individuals upon whom the responsibilities of the successful administration and management of the Company and its Affiliates rest, and whose present and potential contributions to the welfare of the Company and its Affiliates are of importance, can acquire and maintain stock ownership, thereby strengthening their concern for the welfare of the Company and its Affiliates. A further purpose of this Plan is to provide such individuals with additional incentive and reward opportunities designed to enhance the profitable growth of the Company and its Affiliates. Accordingly, this Plan provides for granting In
LEASE BY AND BETWEEN 529 BRYANT STREET PARTNERS LLC, a Delaware limited liability company as Landlord and SWITCH AND DATA CA NINE LLC, a Delaware limited liability company as Tenant January 31, 2005Lease • September 27th, 2006 • Switch & Data, Inc. • California
