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.
FORM OF EMPLOYMENT AGREEMENTEmployment Agreement • October 5th, 2007 • Dupont Fabros Technology, Inc. • Real estate • District of Columbia
THIS EMPLOYMENT AGREEMENT (this “Agreement”) is dated as of October , 2007, by and between DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”), and [NAME] (the “Executive”).
October , 2007Directed Share Program Agreement • October 5th, 2007 • Dupont Fabros Technology, Inc. • Real estate
Reference is made to an underwriting agreement (the “Underwriting Agreement”) dated the date hereof among DuPont Fabros Technology, Inc. (the “Company”), DuPont Fabros Technology, L.P., and Lehman Brothers Inc. and UBS Securities LLC, as representatives of the several underwriters named in Schedule 1 to the Underwriting Agreement (collectively, the “Underwriters”), pursuant to which the Company proposes to sell shares of its common stock to the Underwriters. Terms defined in the Underwriting Agreement and not otherwise defined herein are used herein as therein defined. The Company has requested UBS Financial Services, Inc. (“UBS-FinSvc”), an affiliate of UBS Securities LLC, to administer a directed share program (the “Directed Share Program”) under which up to 1,575,000 shares of Firm Stock, or 5% of the shares of Firm Stock to be purchased by the Underwriters (the “Reserved Stock”), shall be reserved for sale by UBS-FinSvc, at the initial public offering price, to certain associates o
30,500,000 Shares DUPONT FABROS TECHNOLOGY, INC. Common Stock, par value $0.001 per share UNDERWRITING AGREEMENTUnderwriting Agreement • October 5th, 2007 • Dupont Fabros Technology, Inc. • Real estate • New York
DuPont Fabros Technology, Inc., a Maryland corporation (the “Company”) proposes to sell 30,500,000 shares (the “Firm Stock”) of the Company’s common stock, par value $0.001 per share (the “Common 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 4,575,000 additional shares of the Common Stock on the terms set forth in Section 2 (the “Option Stock”). The Firm Stock and the Option Stock, if purchased, are hereinafter collectively called the “Stock.” This is to confirm the agreement concerning the purchase of the Stock from the Company by the Underwriters.
