Iron Mountain Incorporated a Delaware corporation (the “Company”), promises to pay interest on the principal amount of this Note at 4.875% per annum from [ · ] until September 15, 2029. The Company shall pay interest, semi-annually in arrears on March 15 and September 15 of each year, or if any such day is not a Business Day, on the next succeeding Business Day (each an “Interest Payment Date”). Interest on the Notes will accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of issuance; provided that if there is no existing Default in the payment of interest, and if this Note is authenticated between a record date referred to on the face hereof and the next succeeding Interest Payment Date, interest shall accrue from such next succeeding Interest Payment Date; provided, further, that the first Interest Payment Date shall be March 15, 2020. The Company shall pay interest (including post-petition interest to the extent allowed in any proceeding under any Bankruptcy Law) on overdue principal from time to time on demand at a rate equal to the per annum rate on the Notes then in effect; it shall pay interest (including post-petition interest to the extent allowed in any proceeding under any Bankruptcy Law) on overdue installments of interest (without regard to any applicable grace periods) from time to time on demand at the same rate to the extent lawful. Interest will be computed on the basis of a 360-day year of twelve 30-day months.
Iron Mountain Incorporated a corporation duly organized and validly existing under the laws of the State of Delaware (the “Parent”), Iron Mountain Information Management, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (the “Company”), the other Subsidiaries of the Parent from time to time parties thereto (all the foregoing, together with any Additional Borrowers designated by the Company with the consent of the Administrative Agent under Section 12.16 of the Credit Agreement, the “Borrowers”; and each individually, a “Borrower”), certain lenders, the Administrative Agent, the Canadian Administrative Agent and the other parties thereto are parties to the Credit Agreement dated as of June 27, 2011, as amended by the First Amendment thereto, dated as of August 15, 2012, as amended by the Second Amendment thereto, dated as of January 31, 2013, as amended by the Third Amendment thereto, dated as of August 7, 2013, as amended by the Fourth Amendment thereto, dated as of June 19, 2014, and as amended and restated by the Credit Agreement dated as of July 2, 2015 (as further modified, amended, restated and/or supplemented from time to time, the “Credit Agreement”). The Credit Agreement provides, subject to the terms and conditions thereof, for extensions of credit (including, without limitation, by making of loans and issuing letters of credit) to be made by said lenders to the Borrowers. In addition, a Group Member (as hereinafter defined) may from time to time be obligated under one or more Hedging Agreements (as defined in the Credit Agreement) or Cash Management Agreements (as defined in the Credit Agreement) to one or more of the Lenders and/or any of their affiliates or to Persons who were (or whose affiliates were) Lenders at the time the applicable Hedging Agreement or Cash Management Agreement was entered into (such obligations being herein referred to as “Hedging Obligations” and “Cash Management Obligations,” respectively). To induce the Lenders to enter into the Credit Agreement, to extend credit thereunder and to enter into one or more Hedging Agreements or Cash Management Agreements as aforesaid and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Subsidiary Guarantor has agreed to guarantee the Guaranteed Obligations (as hereinafter defined). Accordingly, the parties hereto agree as follows:
Iron Mountain Incorporated a corporation duly organized and validly existing under the laws of the State of Delaware (the “Parent”), Iron Mountain Information Management, Inc, a corporation duly organized and validly existing under the laws of the State of Delaware (the “Company”), Iron Mountain Canada Corporation, a company organized and existing under the laws of the Province of Nova Scotia (the “Canadian Borrower”), Iron Mountain Switzerland GmbH, a company organized and existing under the laws of Switzerland ( the “Swiss Borrower”), Iron Mountain Europe Limited, a company organized and existing under the laws of the United Kingdom (“IM Europe”), Iron Mountain Australia Pty Ltd., a company formed under the laws of Australia (“IM Australia”), Iron Mountain Information Management (Luxembourg) S.C.S., a company organized under the laws of Luxembourg (“IMIM Luxembourg”) and Iron Mountain Luxembourg S.à.x.x., a company organized under the laws of Luxembourg (“IM Luxembourg”, and together with IM Europe, IM Australia and IMIM Luxembourg, the “Other Subsidiary Borrowers”; the Other Subsidiary Borrowers together with the Parent, the Company, the Canadian Borrower, the Swiss Borrower and any Additional Borrowers designated by the Company with the consent of the Administrative Agent under Section 12.16 of the Credit Agreement (as hereinafter defined), the “Borrowers”; and each individually, a “Borrower”), certain lenders, the Administrative Agent and the Canadian Administrative Agent are parties to a Credit Agreement dated as of the date hereof (the “Credit Agreement”). The Credit Agreement provides, subject to the terms and conditions thereof, for extensions of credit (by making of loans and issuing letters of credit) to be made by said lenders to the Borrowers. In addition, the Parent and/or the Company may from time to time be obligated to one or more of the Lenders and/or any of their affiliates under one or more Hedging Agreements (as defined in the Credit Agreement) (such obligations being herein referred to as “Hedging Obligations”) or Cash Management Agreements (as so defined) (such obligations being herein referred to as “Cash Management Obligations”). To induce the Lenders to enter into the Credit Agreement, to extend credit thereunder, to enter into one or more Hedging Agreements as aforesaid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Subsidiary Guarantor has agreed to guarantee the Guaranteed Obligations (a...
Iron Mountain Incorporated a Delaware corporation (the "Company"), promises to pay interest on the principal amount of this Note at the rate and in the manner specified below. The Company shall pay in cash interest on the principal amount of this Note at the rate per annum of __%. The Company will pay interest semi-annually in arrears on April 1 and October 1 of each year, commencing on April 1, 1997 or if any such day is not a Business Day (as defined in the Indenture), on the next succeeding Business Day (each an "Interest Payment Date"), to Holders of record on the immediately preceding March 15 and September 15. Interest will be computed on the basis of a 360-day year consisting of twelve 30-day months. Interest shall accrue from the most recent date to which interest has been paid or, if no interest has been paid, from the date of the original issuance of the Notes. To the extent lawful, the Company shall pay interest on overdue principal at the rate of 1% per annum in excess of the then applicable interest rate on the Notes; it shall pay interest on overdue installments of interest (without regard to any applicable grace periods) at the same rate to the extent lawful.
Iron Mountain Incorporated. 2006 Senior Executive Incentive Program. (#) (Incorporated by reference to the Company’s Current Report on Form 8-K dated June 1, 2006).
Iron Mountain Incorporated a corporation duly organized and validly existing under the laws of the State of Delaware (the “Parent”), is party to a Credit Agreement dated as of June 27, 2011, as amended by the First Amendment thereto, dated as of August 15, 2012, as amended by the Second Amendment thereto, dated as of January 31, 2013 and as amended by the Third Amendment thereto, dated as of August 7, 2013 (as further modified, amended, restated and/or supplemented from time to time, the “Credit Agreement”) among the Parent, Iron Mountain Information Management, LLC, a limited liability company duly organized and validly existing under the laws of the State of Delaware (the “Company”), Iron Mountain Holdings Group, Inc., Iron Mountain US Holdings, Inc., Iron Mountain Global Holdings, Inc., Iron Mountain Global LLC, Iron Mountain Fulfillment Services, Inc., Iron Mountain Intellectual Property Management, Inc., Iron Mountain Secure Shredding, Inc. and Iron Mountain Information Management Services, Inc., each either a Delaware corporation or limited liability company (each of the foregoing, together with Parent and the Company, the “US$ Borrowers”), Iron Mountain Canada Operations ULC, a British Columbia unlimited liability company (the “Canadian Borrower” and, together with the US$-Borrowers, the “US$-Canadian Borrowers”), Iron Mountain do Brasil Limitada, a Brazilian company (together with the US$ Borrowers, the “Brazilian Borrowers”) and Iron Mountain Switzerland GmbH, a company organized under the laws of Switzerland, Iron Mountain Europe Limited, a company organized and existing under the laws of England and Wales, Iron Mountain Holdings (Europe) Limited, a company formed under the laws of England and Wales, Iron Mountain (UK) Limited, a company organized and existing under the laws of England and Wales and Iron Mountain Australia Pty Ltd, an Australian company (each of the foregoing, together with the US$ Borrowers, the “Multi-Currency Borrowers”) (the Parent, the Company, and each of the other US$ Borrowers, US$-Canadian Borrowers, Brazilian Borrowers and Multi-Currency Borrowers, together with the Canadian Borrower and any Additional Borrowers designated by the Company with the consent of the Administrative Agent under Section 12.16 of the Credit Agreement, the “Borrowers”; and each individually, a “Borrower”), certain lenders named therein, the Administrative Agent, the Canadian Administrative Agent and the other parties thereto. The Credit Agreement provides, subject to the t...
Iron Mountain Incorporated. Iron Mountain Incorporated 2014 Stock and Cash Incentive Plan Performance Unit Agreement (Version 3)
Iron Mountain Incorporated a Delaware corporation (the "Company"), certain lenders and the Administrative Agent are parties to a Second Amended and Restated Credit Agreement dated as of September 30, 1996 (the "Existing Credit Agreement"), amended and restated as of September 26, 1997 (as so amended and restated and as further modified and supplemented and in effect from time to time, the "Credit Agreement"), providing, subject to the terms and conditions thereof, for extensions of credit (by making of loans and issuing letters of credit) to be made by said lenders to the Company in an aggregate principal or face amount not exceeding $250,000,000. In addition, the Company and one or more of the Subsidiary Guarantors may from time to time be obligated to one or more of the Lenders and/or any of their affiliates under one or more Interest Rate Agreements (as defined in the Credit Agreement) (such obligations being herein referred to as "Interest Rate Obligations"). Certain Subsidiary Guarantors and the Administrative Agent are party to a Subsidiary Guaranty dated as of September 30, 1996 (as amended to but excluding the date hereof, the "Existing Subsidiary Guaranty") relating to the Existing Credit Agreement. In connection with the amendment and restatement of the Existing Credit Agreement, the Subsidiary Guarantors and the Administrative Agent wish to amend and restate the Existing Subsidiary Guaranty as set forth herein. To induce the Lenders to enter into the Credit Agreement, to extend credit thereunder and to enter into one or more Interest Rate Agreements as aforesaid, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each Subsidiary Guarantor has agreed to guarantee the Guaranteed Obligations (as hereinafter defined). Accordingly, the parties hereto agree that effective on the date hereof, the Existing Subsidiary Guaranty is amended and restated in its entirety as set forth below:
Iron Mountain Incorporated. 2002 Stock Incentive Plan Stock Option Agreement, dated May 24, 2007, by and between Iron Mountain Incorporated and Xxxxx X. XxXxxx. (#) (Incorporated by reference to the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2007).
Iron Mountain Incorporated a corporation organized and existing under the General Corporation Law of the State of Delaware (the “Corporation”), in accordance with the provisions of Sections 103 and 151 thereof, DOES HEREBY CERTIFY:
