PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONSPurchase and Sale Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • California
THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this “Agreement”) is made and entered into as of January 25, 2007, by and among ROSE VENTURES II, INC., a California corporation (“Seller”), and EQUINIX, INC., a Delaware corporation (“Buyer”).
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENTLoan and Security Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • California
THIS AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT (this “Amendment”) is entered into as of this 26th day of March, 2007, by and among EQUINIX, INC., a Delaware corporation (“Equinix”), EQUINIX OPERATING CO., INC., a Delaware corporation (“Opco”, and together with Equinix, “Borrowers”), GENERAL ELECTRIC CAPITAL CORPORATION (“GECC”), SILICON VALLEY BANK (“SVB” and together with GECC, “Lenders”), and SVB in its capacity as Administrative Agent for the Lenders (as such, the “Agent”). Capitalized terms used herein without definition shall have the same meanings given them in the Loan Agreement (as defined below).
GUARANTYGuaranty • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • New York
THIS GUARANTY (this “Guaranty”), dated as of February 2, 2007, is made and entered into by EQUINIX, INC., a Delaware corporation (“Guarantor”), in favor of SFT I, INC., a Delaware corporation (“Lender”).
MASTER LEASE by and between CHI 3, LLC, a Delaware limited liability company, as LANDLORD and EQUINIX OPERATING CO., INC., a Delaware corporation, as TENANT Premises: 1905 – 1945 Lunt Avenue Elk Grove Village, Illinois 60007 Dated as of February 2, 2007Master Lease • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • Illinois
THIS MASTER LEASE is made as of February 2, 2007, by and between CHI 3, LLC, a Delaware limited liability company (“Landlord”), with an address at 301 Velocity Way, 5th Floor, Foster City, California 94404, and EQUINIX OPERATING CO., INC., a Delaware corporation (“Tenant”), with an address at 301 Velocity Way, 5th Floor, Foster City, California 94404.
LETTERHEAD OF HOLDER]Exchange Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • New York
This will confirm your agreement to an exchange with the undersigned (the “Holder”) of $[ ] principal amount of the 2.50% Convertible Debentures due February 15, 2024, CUSIP No. 29444UAE6 (the “Bonds”) of Equinix, Inc. (the “Company”), currently held by Holder in exchange for (i) a number of shares of the Company’s common stock, par value $0.001 per share, CUSIP No. 29444U502 (the “Common Stock”) equal to the Exchange Shares (as defined below) and (ii) the Exchange Payment (as defined below, and, together with the Exchange Shares, the “Exchange Consideration”), on the terms set forth herein (the “Exchange”).
SEVERANCE AGREEMENTSeverance Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • California
THIS AGREEMENT is entered into as of March 16, 2007 by and between Stephen M. Smith (the “Executive”) and EQUINIX, INC., a Delaware corporation (the “Company”).
March 16, 2007 Stephen M. Smith Dear Steve: Equinix Operating Company, Inc. (“Equinix”) is pleased to offer you employment on the following terms:Employment Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • California
DEVELOPMENT LOAN AND SECURITY AGREEMENT between CHI 3, LLC, a Delaware limited liability company, as Borrower and SFT I, INC., a Delaware corporation, as Lender Dated as of February 2, 2007 Loan No. 1364:01Development Loan and Security Agreement • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • New York
THIS DEVELOPMENT LOAN AND SECURITY AGREEMENT (this “Agreement”) dated as of February 2, 2007, by and between CHI 3, LLC, a Delaware limited liability company “Borrower”), having an address at c/o Equinix, Inc., 301 Velocity Way, 5th Floor, Foster City, California 94404, and SFT I, INC., a Delaware corporation (together with its successors and assigns, hereinafter referred to as “Lender”), with offices at 1114 Avenue of the Americas, 27th Floor, New York, New York 10036.
COMPLETION AND PAYMENT GUARANTYCompletion and Payment Guaranty • May 2nd, 2007 • Equinix Inc • Telephone communications (no radiotelephone) • New York
THIS COMPLETION AND PAYMENT GUARANTY (this “Guaranty”) is dated as of the 2nd day of February, 2007 by EQUINIX, INC., a Delaware corporation (“Guarantor”), for the benefit of SFT I, INC., a Delaware corporation (“Lender”).
