AGENT AND LENDERS Clause Samples

AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent

AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: T▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President BANK OF AMERICA, N.A., as Co-Syndication Agent By: /s/ G▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: G▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Senior Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Managing Director By: /s/ J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Name: J. ▇. ▇▇▇▇▇▇▇▇ ▇▇▇ Title: Managing Director REGIONS BANK, as Co-Syndication Agent By: /s/ K▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: K▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President By: /s/ M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ J▇▇▇▇ ▇▇▇▇▇▇▇ Name: J▇▇▇▇ ▇▇▇▇▇▇▇ Title: Authorized Signatory By: /s/ A▇▇▇▇▇ ▇▇▇▇▇▇ Name: A▇▇▇▇▇ ▇▇▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Vice President By: /s/ B▇▇▇▇▇▇ ▇▇▇ Name: B▇▇▇▇▇▇ ▇▇▇ Title: Executive Director By: /s/ F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Name: F▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Title: SVP, REIT Banking Group By: /s/ S▇▇▇ ▇▇▇▇▇ Name: S▇▇▇ ▇▇▇▇▇ Title: Authorized Signatory By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: D▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Director By: /s/ S▇▇▇▇▇▇ ▇▇▇▇ Name: S▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President By: /s/ Emanuel Ma Name: Emanuel Ma Title: Authorized Signatory By: /s/ M▇▇▇ ▇▇▇▇▇▇ Name: M▇▇▇ ▇▇▇▇▇▇ Title: Managing Director

AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and as a Lender

AGENT AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as the Agent and a Lender

AGENT AND LENDERS. GENERAL ELECTRIC CAPITAL CORPORATION, as Agent and as a Lender By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Duly Authorized Signatory

AGENT AND LENDERS. ▇▇▇▇▇ FARGO FOOTHILL, INC., a California corporation, as Agent and as a Lender

AGENT AND LENDERS. KEYBANK NATIONAL ASSOCIATION, individually and as Agent By: /s/ ▇▇▇▇ ▇▇▇▇▇ Name: ▇▇▇▇ ▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇ ▇. ▇▇▇▇ Name: ▇▇▇ ▇. ▇▇▇▇ Title: Associate Director, Banking Services Products, US By: /s/ ▇▇▇▇ ▇. ▇▇▇▇▇ Name: ▇▇▇▇ ▇. ▇▇▇▇▇ Title: Associate Director, Banking Services Products, US By: /s/ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ Name: ▇▇▇▇▇ ▇▇▇▇▇ Freistat Title: Credit Manager By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Executive Vice President $ , 2008 FOR VALUE RECEIVED, the undersigned (collectively, “Maker”), hereby promise to pay to (“Payee”), or order, in accordance with the terms of that certain Credit Agreement, dated as of October 24, 2008, as from time to time in effect, among Grizzly Ventures LLC, DuPont Fabros Technology, L.P., KeyBank National Association, for itself and as Agent, and such other Lenders as may be from time to time named therein (the “Credit Agreement”), to the extent not sooner paid, on or before the Maturity Date, the principal sum of ($ ), or such amount as may be advanced by the Payee under the Credit Agreement as a Loan with daily interest from the date thereof, computed as provided in the Credit Agreement, on the principal amount hereof from time to time unpaid, at a rate per annum on each portion of the principal amount which shall at all times be equal to the rate of interest applicable to such portion in accordance with the Credit Agreement, and with interest on overdue principal and, to the extent permitted by applicable law, on overdue installments of interest and late charges at the rates provided in the Credit Agreement. Interest shall be payable on the dates specified in the Credit Agreement, except that all accrued interest shall be paid at the stated or accelerated maturity hereof or upon the prepayment in full hereof. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Credit Agreement. Payments hereunder shall be made to the Agent for the Payee at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇, or at such other address as Agent may designate from time to time. This Note is one of one or more Notes evidencing borrowings under and is entitled to the benefits and subject to the provisions of the Credit Agreement. The principal of this Note may be due and payable in whole or in part prior to the Maturity Date and is subject to mandatory prepayment in the amounts and under the circumstances set forth in the Credit Agreement, and may be prepaid in w...

AGENT AND LENDERS. BANK OF AMERICA, N.A., as Agent and Lender By: /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Title: Senior Vice President

AGENT AND LENDERS. Agent is Agent for each Lender under the Credit Agreement. All rights granted to Agent under or in connection with this Guaranty are for each Lender’s ratable benefit. Agent may, without the joinder of any Lender, exercise any rights in Agent’s or Lenders’ favor under or in connection with this Guaranty. Agent’s and each Lender’s rights and obligations vis-à-vis each other may be subject to one or more separate agreements between those parties. However, no Guarantor is required to inquire about any such agreement or is subject to any terms of such agreement unless such Guarantor specifically joins such agreement. Therefore, no Guarantor nor any of its successors or assigns is entitled to any benefits or provisions of any such separate agreement or is entitled to rely upon or raise as a defense any party’s failure or refusal to comply with the provisions of such agreement.