0001533758-17-000023 Sample Contracts

WRITTEN CONSENT OF THE SOLE MEMBER AND OPERATING AGREEMENT OF ECHOSTAR XIV HOLDING L.L.C. AS OF JUNE 3, 2010
And Operating Agreement • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec

The undersigned, being the sole member (the “Member”) of EchoStar XIV Holding L.L.C., a Colorado limited liability company (the “Company”), in lieu of holding an organizational meeting, hereby adopts the fo11owing operating agreement and resolutions by written consent in accordance with the Colorado Limited Liability Company Act, as amended (the “Act”).

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JOINDER AGREEMENT
Joinder Agreement • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec • New York

This Joinder Agreement supplements the Security Agreement and is delivered by the undersigned, Cheyenne Data Center L.L.C., a Colorado limited liability company (the “New Pledgor”), pursuant to Section 3.6 of the Security Agreement. The New Pledgor hereby agrees to be bound as a Pledgor party to the Security Agreement by all of the terms, covenants and conditions set forth in the Security Agreement to the same extent that it would have been bound if it had been a signatory to the Security Agreement on the date of the Security Agreement. The New Pledgor also hereby agrees to be bound as a party by all of the terms, covenants and conditions applicable to it set forth in the Security Agreement to the same extent that it would have been bound if it had been a signatory to the Security Agreement on the execution date of the Security Agreement. Without limiting the generality of the foregoing, the New Pledgor hereby grants and pledges to the Collateral Agent, as collateral security for the f

SUPPLEMENTAL INDENTURE
Supplemental Indenture • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec • New York

THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of March 23, 2017, by and among Hughes Satellite Systems Corporation (formerly known as EH Holding Corporation), a Colorado corporation (the “Company”), the guarantors listed on the signature pages to the Secured Indenture (the “Guarantors”), Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Supplemental Guarantor”), U.S. Bank National Association, as trustee (the “Trustee”) and Wells Fargo Bank, National Association, as collateral agent (the “Collateral Agent”). Capitalized terms used herein and not otherwise defined herein are used as defined in the Secured Indenture referred to below.

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), entered into as of March 23, 2017, by and among Hughes Satellite Systems Corporation (formerly known as EH Holding Corporation), a Colorado corporation (the “Company”), the guarantors listed on the signature pages to the Secured Indenture (the “Guarantors”), Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Supplemental Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”) and collateral agent (the “Collateral Agent”). Capitalized terms used herein and not otherwise defined herein are used as defined in the Secured Indenture referred to below.

SUPPLEMENTAL INDENTURE
Supplemental Indenture • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec • New York

THIS SUPPLEMENTAL INDENTURE (this “Supplemental Indenture”), entered into as of March 23, 2017, by and among Hughes Satellite Systems Corporation (formerly known as EH Holding Corporation), a Colorado corporation (the “Company”), the guarantors listed on the signature pages to the Unsecured Indenture (the “Guarantors”), Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Supplemental Guarantor”), and U.S. Bank National Association, as trustee (the “Trustee”). Capitalized terms used herein and not otherwise defined herein are used as defined in the Unsecured Indenture referred to below.

WRITTEN CONSENT OF THE SOLE MEMBER AND OPERATING AGREEMENT
Member and Operating Agreement • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec

The undersigned, Hughes Satellite Systems Corporation, a Colorado corporation (the “Member”), being the sole member of Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Company”), in lieu of holding an organizational meeting, hereby adopts the following operating agreement and resolutions by this written consent (this “Consent”) in accordance with the Colorado Limited Liability Company Act, as amended (the “Act”):

THIRD SUPPLEMENTAL INDENTURE
Third Supplemental Indenture • April 6th, 2017 • EchoStar XI Holding LLC • Communications services, nec • New York

THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”), entered into as of March 23, 2017, by and among Hughes Satellite Systems Corporation (formerly known as EH Holding Corporation), a Colorado corporation (the “Company”), the guarantors listed on the signature pages to the Unsecured Indenture (the “Guarantors”), Cheyenne Data Center L.L.C., a Colorado limited liability company (the “Supplemental Guarantor”), and Wells Fargo Bank, National Association, as trustee (the “Trustee”). Capitalized terms used herein and not otherwise defined herein are used as defined in the Unsecured Indenture referred to below.

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