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 8 1/4%. The Company will pay interest semi-annually in arrears on January 1 and July 1 of each year, commencing on July 1, 1999 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 December 15 and June 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 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, 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, the Administrative Agent, the Canadian Administrative Agent and the other parties thereto are parties 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”). The Credit Agreement provides, subject to the terms and conditions thereof, ...
Iron Mountain Incorporated. By: --------------------------------------------- Name: Title: ARCUS DATA SECURITY, INC. COMAC, INC. DSI TECHNOLOGY ESCROW SERVICES, INC. IM BILLERICA, INC. IRON MOUNTAIN GLOBAL, INC. IRON MOUNTAIN RECORDS MANAGEMENT, INC. IRON MOUNTAIN RECORDS MANAGEMENT OF MICHIGAN, INC. By: --------------------------------------------- Name: Title: IRON MOUNTAIN/NATIONAL UNDERGROUND STORAGE, LLC IRON MOUNTAIN CONSULTING SERVICES, LLC IRON MOUNTAIN CONFIDENTIAL DESTRUCTION LLC By: Iron Mountain Records Management, Inc., its sole Member By: --------------------------------------------------- Name: Title: IRON MOUNTAIN GLOBAL LLC By: Iron Mountain Global, Inc., its sole Member By: --------------------------------------------------- Name: Title: ARCUS DATA SECURITY LLC By: Arcus Data Security, Inc., its sole Member By: --------------------------------------------------- Name: Title: THE BANK OF NEW YORK, as Trustee
Iron Mountain Incorporated. The undersigned hereby irrevocably elects to exercise Rights represented by this Right Certificate to purchase the shares of Preferred Stock issuable upon the exercise of such Rights and requests that certificates for such share(s) be issued in the following name: Please insert social security or other identifying number: (Please print name and address) If such number of Rights shall not be all the Rights evidenced by this Right Certificate, a new Right Certificate for the balance remaining of such Rights shall be registered in the name of and delivered to: Please insert social security or other identifying number: (Please print name and address) Dated: , Signature (Signature must conform in all respects to name of holder as specified on the face of this Right Certificate) Signature Guaranteed: Signatures must be guaranteed by a participant in a Medallion Signature Guarantee Program at a guarantee level acceptable to the Corporation’s Rights Agent. The undersigned hereby certifies that the Rights evidenced by this Right Certificate are not, and never have been, beneficially owned by an Acquiring Person or an Affiliate or Associate thereof (as defined in the Rights Agreement).
Iron Mountain Incorporated. This certifies that , or registered assigns, is the registered owner of the number of Rights set forth above, each of which entitles the owner thereof, subject to the terms, provisions and conditions of the REIT Status Protection Rights Agreement, dated as of December 9, 2013, as the same may be amended from time to time (the “Agreement”), between Iron Mountain Incorporated, a Delaware corporation (the “Company”), and Computershare Inc., a Delaware corporation, as Rights Agent (the “Rights Agent”), to purchase from the Company at any time after the Distribution Date and prior to 5:00 P.M. (New York time) on December 9, 2014 or, if earlier, at the Expiration Date set forth in Section 7.1 of the Agreement, at the offices of the Rights Agent, or its successors as Rights Agent, designated for such purpose, one one-thousandth of a fully paid, nonassessable share of Series A Junior Participating Preferred Stock, par value $0.01 per share (the “Preferred Stock”), of the Company, at a purchase price of $114 per one one-thousandth of a share of Preferred Stock, subject to adjustment (the “Purchase Price”), upon presentation and surrender of this Right Certificate with the Form of Election to Purchase and certification duly executed. The number of Rights evidenced by this Right Certificate (and the number of one one-thousandths of a share of Preferred Stock which may be purchased upon exercise thereof) set forth above, and the Purchase Price set forth above, are the number and Purchase Price as of December 20, 2013 based on the Preferred Stock as constituted at such date. Capitalized terms used in this Right Certificate without definition shall have the meanings ascribed to them in the Agreement. As provided in the Agreement, the Purchase Price and the number of shares of Preferred Stock which may be purchased upon the exercise of the Rights evidenced by this Right Certificate are subject to modification and adjustment upon the happening of certain events. This Right Certificate is subject to all of the terms, provisions and conditions of the Agreement, which terms, provisions and conditions are hereby incorporated herein by reference and made a part hereof and to which Agreement reference is hereby made for a full description of the rights, limitations of rights, obligations, duties and immunities hereunder of the Rights Agent, the Company and the holders of the Right Certificates. Copies of the Agreement are on file at the principal offices of the Company and the ...
Iron Mountain Incorporated. Iron Mountain Incorporated 2014 Stock and Cash Incentive Plan Performance Unit Schedule Participant Name Employee In accordance with the Performance Unit Agreement, of which this Performance Unit Schedule is a part (which together, constitute the “Customizing Information”), the Company hereby grants to Participant Name (the “Recipient”) the following Performance Units: Grant Date: Grant Date Grant Type: Grant Type Xxxxx Xxxxx: Xxxxx Xxxxx Number of Units Granted: Number of shares granted Performance Period: 1/1/2019 – 12/31/2021 Vesting Date: 2/20/2022 (subject to performance) Form of Settlement: Stock ACCEPTANCE BY RECIPIENT
Iron Mountain Incorporated. By: /s/ C. Xxxxxxx Xxxxx ------------------------------------------- Name: C. Xxxxxxx Xxxxx Title: Chairman and Chief Executive Officer IM-3 ACQUISITION CORP. By: /s/ C. Xxxxxxx Xxxxx ------------------------------------------- Name: C. Xxxxxxx Xxxxx Title: Chairman and Chief Executive Officer HIMSCORP, INC. By: /s/ Xxxx X. Xxxxxx ------------------------------------------- Name: Xxxx X. Xxxxxx Title: President
Iron Mountain Incorporated. If to the Paying Agent, the Registrar or the Transfer Agent: Société Générale Bank & Trust 00 xxxxxx Xxxxx Xxxxxx L-2420 Luxembourg Office: +000 00 00 00 00 00 Fax: +000 00 00 00 Attention: SGSS/SBO/CIS/ISS — Issuer Services — Attention of Xxxxxxxx Xxxxxxxx The Company, any Subsidiary Guarantor, the Trustee, the Paying Agent, the Registrar or the Transfer Agent, by notice to the others may designate additional or different addresses for subsequent notices or communications. All notices and communications (other than those sent to Holders) must reference the Notes and this Indenture and shall be deemed to have been duly given: at the time delivered by hand, if personally delivered; five Business Days after being deposited in the mail, postage prepaid, if mailed; when receipt acknowledged, if telecopied; and the next Business Day after timely delivery to the courier, if sent by overnight air courier guaranteeing next day delivery. Any notice or communication to a Holder shall be mailed by first class mail, or by overnight air courier guaranteeing next day delivery to its address shown on the register kept by the Registrar. Any notice or communication shall also be so mailed to any Person described in TIA Section 313(c), to the extent required by the TIA. Failure to mail a notice or communication to a Holder or any defect in it shall not affect its sufficiency with respect to other Holders. If a notice or communication is mailed in the manner provided above within the time prescribed, it is duly given, whether or not the addressee receives it. If the Company or any Subsidiary Guarantor mails a notice or communication to Holders, it shall mail a copy to the Trustee and each Agent at the same time.
Iron Mountain Incorporated. Reconciliation and tie between Trust Indenture Act of 1939 and Indenture, dated as of April 3, 2001