AGREEMENT AND PLAN OF MERGER BY AND AMONG TELX HOLDINGS, INC., DIGITAL REALTY TRUST, INC., DIGITAL DELTA, INC. AND BSR LLC, AS THE SELLERS’ REPRESENTATIVEMerger Agreement • August 6th, 2015 • Digital Realty Trust, L.P. • Real estate • New York
THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”), dated as of July 13, 2015 is made by and among Telx Holdings, Inc., a Delaware corporation (the “Company”), Digital Realty Trust, Inc., a Maryland corporation (“Parent”), Digital Delta, Inc., a Delaware corporation (“Merger Sub”), and BSR LLC, a Delaware limited liability company, solely in its capacity as the Sellers’ representative (the “Representative”). The Company, the Representative, Parent and Merger Sub shall be referred to herein from time to time collectively as the “Parties”. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in Article 1.
SETTLEMENT AGREEMENT AND GENERAL RELEASESettlement Agreement • August 6th, 2015 • Digital Realty Trust, L.P. • Real estate • California
This Settlement Agreement and General Release (the “Agreement”) is made by and between Digital Realty Trust, Inc., Digital Realty Trust, L.P. and DLR, LLC (collectively, the “Company”) and Michael F. Foust (“Executive”), effective as of the date of execution (the “Effective Date”) with reference to the following facts:
JOINDER TO MULTIPARTY GUARANTYJoinder to Multiparty Guaranty • August 6th, 2015 • Digital Realty Trust, L.P. • Real estate
JOINDER, dated as of June 30, 2015, (this “Joinder”), to the Multiparty Guaranty set forth as Section 21 (as amended or otherwise modified from time to time, the “Multiparty Guaranty”) to that certain Amended and Restated Note Purchase and Private Shelf Agreement, dated as of November 3, 2011 (as amended or otherwise modified from time to time, the “Agreement”), executed by Digital Realty Trust, L.P. (the “Company”), the Guarantors party thereto, and the Purchasers party thereto. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to such terms in the Agreement.
