GUARANTY Property Commonly Known asDupont Fabros Technology, Inc. • February 12th, 2009 • Real estate • Virginia
THIS GUARANTY (“Guaranty”) made as of February 10, 2009, by TARANTULA VENTURES LLC, a Delaware limited liability company (“Guarantor”), to and for the benefit of KEYBANK NATIONAL ASSOCIATION (“KeyBank”), a national banking association, as Agent (“Agent”), and KeyBank and the other lenders now or hereafter a party to the Credit Agreement (as hereinafter defined) (the “Lenders”) (Agent and the Lenders, and their successors and assigns, are hereinafter referred to collectively as the “Credit Parties”).
FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTSCredit Agreement and Other Loan Documents • February 12th, 2009 • Dupont Fabros Technology, Inc. • Real estate • Virginia
THIS FIRST AMENDMENT TO CREDIT AGREEMENT AND OTHER LOAN DOCUMENTS (this “Amendment”) made as of the 10th day of February, 2009, by and among GRIZZLY VENTURES LLC, a Delaware limited liability company (“Borrower”), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (“Guarantor”), TARANTULA VENTURES LLC, a Delaware limited liability company (“Additional Guarantor”), KEYBANK NATIONAL ASSOCIATION, a national banking association (“KeyBank”), THE OTHER LENDERS WHICH ARE SIGNATORIES HERETO (KeyBank and the other lenders which are signatories hereto, collectively, the “Lenders”), and KEYBANK NATIONAL ASSOCIATION, a national banking association, as Administrative Agent for the Lenders (the “Agent”).
AGREEMENT REGARDING EXTENSION OF LOAN AND PARTIAL DEBT FORGIVENESSAgreement Regarding • February 12th, 2009 • Dupont Fabros Technology, Inc. • Real estate • California
This Agreement Regarding Extension of Loan and Partial Debt Forgiveness (“Agreement”) is made and entered into as of February 6, 2009, by First Credit Bank, a California banking corporation (“Lender”), and Fox Properties LLC, a Delaware limited liability company (“Borrower”), with reference to the following facts:
CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • February 12th, 2009 • Dupont Fabros Technology, Inc. • Real estate • California
This Construction Loan Agreement (“Agreement”) is made and entered into as of February 6, 2009, by First Credit Bank, a California banking corporation (“Lender”), and Fox Properties LLC, a Delaware limited liability company (“Borrower”), with reference to the following facts:
GUARANTY OF PAYMENTDupont Fabros Technology, Inc. • February 12th, 2009 • Real estate
The undersigned, DuPont Fabros Technology, L.P., a Maryland limited partnership (“Guarantor”), hereby executes and delivers this Guaranty of Payment (this “Guaranty”) this 6th day of February, 2009 to First Credit Bank, a California banking corporation (“Lender”) for the purpose of inducing Lender to make a loan to Fox Properties LLC, a Delaware limited liability company (“Borrower”), evidenced by a Promissory Note of even date herewith in the original principal amount of $25,000,000.00 (the “Note”) and secured by a Construction Deed of Trust of even date herewith (the “Deed of Trust”) constituting a lien and charge against certain real property located in Ashburn, Virginia and more particularly described in the Deed of Trust. For other good, valuable and adequate consideration, the receipt and adequacy of which are hereby acknowledged, Guarantor hereby covenants with, and represents and warrants to Lender as follows:
