Public deed. This Agreement has been executed in a private document. Each Party shall be entitled to request to the other the formalisation of this Agreement and/or a Debt Document into a public deed before a Spanish Notary Public at any moment. The Company shall bear all costs and expenses relating to such formalisation. The public deed by which this Agreement is raised to the status of public document will confirm in Spanish the guarantee granted by a Spanish Debtor under Clause 16 (Hedge Counterparty guarantee) of this Agreement and the appointment of the Security Trustee under Clause 17.5 (Appointment as agent and administrator in relation to Spanish Security Interests). THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement and executed as a deed by the Intra-Group Lenders and the Debtors and is intended to be and is delivered by them as a deed on the date specified above. ABM AMRO Bank N.V. Banc of America Securities Limited Barclays Bank PLC Citibank N.A., London Branch Credit Suisse AG, London Branch InterXion Holding N.V. Netherlands 33301892 InterXion HeadQuarters B.V. Netherlands 34128125 InterXion Nederland B.V. Netherlands 34116837 InterXion Operational B.V. Netherlands 34389232 InterXion Datacenters B.V. Netherlands 27174186 InterXion Belgium NV Belgium RPR Brussels 0471.625.579 InterXion Danmark ApS ▇▇▇▇▇▇▇ ▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ 423 945 799 RCS Paris InterXion Deutschland GmbH Germany HRB 47103, commercial register (Handelsregister) of the local court (Amtsgericht) of Frankfurt am Main Interxion Ireland Limited Ireland 321944 InterXion España SA Spain CIF A 82517731 InterXion Carrier Hotel Ltd England 03753969 InterXion Europe Limited England 04157840 InterXion Holding N.V. Netherlands 33301892 InterXion HeadQuarters B.V. Netherlands 34128125 InterXion Nederland B.V. Netherlands 34116837 InterXion Operational B.V. Netherlands 34389232 InterXion Datacenters B.V. Netherlands 27174186 InterXion Belgium NV Belgium RPR Brussels 0471.625.579 InterXion Danmark ApS ▇▇▇▇▇▇▇ ▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ 423 945 799 RCS Paris InterXion Deutschland GmbH Germany HRB 47103, commercial register (Handelsregister) of the local court (Amtsgericht) of Frankfurt am Main Interxion Ireland Limited Ireland 321944 InterXion España SA Spain Commercial Registry of Madrid, volume 14952, section 8, book 0, page M-249071 InterXion Carrier Hotel Ltd England 03753969 InterXion Europe Limited England 04157840 THIS AGREEMENT is made on [ ] and made between: (1) [Insert Full Name of New Debtor] (the “Acceding Debtor”); and (2) [Insert Full Name of Current Security Trustee] (the “Security Trustee”), for itself and each of the other parties to the intercreditor agreement referred to below. This agreement is made on [date] by the Acceding Debtor in relation to an intercreditor agreement (the “Intercreditor Agreement”) dated [ ] between, amongst others, [ ] as security agent, [ ] as Revolving Agent, the Creditors and the Debtors (each as defined in the Intercreditor Agreement). [Insert details (date, parties and description) of relevant documents] the “Relevant Documents”. IT IS AGREED as follows: 1. Terms defined in the Intercreditor Agreement shall, unless otherwise defined in this Agreement, bear the same meaning when used in this Agreement. 2. The Acceding Debtor and the Security Trustee agree that the Security Trustee shall hold: (a) [any Security in respect of Liabilities created or expressed to be created pursuant to the Relevant Documents; (b) all proceeds of that Security; and]1 (c) all obligations expressed to be undertaken by the Acceding Debtor to pay amounts in respect of the Liabilities to the Security Trustee as trustee for the Secured Parties (in the Relevant Documents or otherwise) and secured by the Transaction Security together with all representations and warranties expressed to be given by the Acceding Debtor (in the Relevant Documents or otherwise) in favour of the Security Trustee as trustee for the Secured Parties, on trust for the Secured Parties on the terms and conditions contained in the Intercreditor Agreement. 3. The Acceding Debtor confirms that it intends to be party to the Intercreditor Agreement as a Debtor, undertakes to perform all the obligations expressed to be assumed by a Debtor under the Intercreditor Agreement and agrees that it shall be bound by all the provisions of the Intercreditor Agreement as if it had been an original party to the Intercreditor Agreement subject to the following limitations: [ ] 4. [In consideration of the Acceding Debtor being accepted as an Intra-Group Lender for the purposes of the Intercreditor Agreement, the Acceding Debtor also confirms that it intends to be party to the Intercreditor Agreement as an Intra-Group Lender, and undertakes to perform all the obligations expressed in the Intercreditor Agreement to be assumed by an Intra-Group Lender and agrees that it shall be bound by all the provisions of the Intercreditor Agreement, as if it had been an original party to the Intercreditor Agreement].2 5. [This Accession Agreement Letter will be formalised in a Spanish Public Document at the cost of the Company, so that it may have the status of a public document and for all purposes contemplated in Article 517, number 4 of the Spanish Civil Procedural Law (Law 1/2000 of 7th January) (
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Public deed. This Agreement has been executed in a private document. Each Party shall be entitled to request to the other the formalisation of this Agreement and/or a Debt Document into a public deed before a Spanish Notary Public at any moment. The Company shall bear all costs and expenses relating to such formalisation. The public deed by which this Agreement is raised to the status of public document will confirm in Spanish the guarantee granted by a Spanish Debtor under Clause 16 15 (Hedge Counterparty guarantee) of this Agreement and the appointment of the Security Trustee under Clause 17.5 16.5 (Appointment as agent and administrator in relation to Spanish Security Interests). THIS AGREEMENT has been entered into on the date stated at the beginning of this Agreement and executed as a deed by the Intra-Group Lenders and the Debtors and is intended to be and is delivered by them as a deed on the date specified above. ABM AMRO Citibank N. A., London Branch Bank N.V. Banc of America Securities Limited America, N.A. (London Branch) Barclays Bank PLC Citibank N.A., London Branch Fortis Bank (Nederland) N.V. Credit Suisse AG, London Branch InterXion Jefferies Finance LLC Interxion Holding N.V. Netherlands 33301892 InterXion Interxion Nederland BV Netherlands 34116837 Interxion HeadQuarters B.V. BV Netherlands 34128125 InterXion Nederland B.V. Netherlands 34116837 InterXion Operational B.V. Netherlands 34389232 InterXion Datacenters B.V. Netherlands 27174186 InterXion Interxion Belgium NV Belgium RPR Brussels 0471.625.579 InterXion Interxion Danmark ApS ▇▇▇▇▇▇▇ ▇▇▇ ▇▇Denmark CVR No. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ 2514 7022 Interxion Carrier Hotel Ltd England 03753969 Interxion France Sarl France 423 945 799 RCS Paris InterXion Bobigny Interxion Deutschland GmbH Germany HRB 47103, commercial register (Handelsregister) of the local court (Amtsgericht) of Frankfurt am Main Interxion Ireland Limited Republic of Ireland 321944 InterXion España SA Interxion Espańa SL Spain CIF A 82517731 InterXion Carrier Hotel Ltd England 03753969 InterXion Europe Limited England 04157840 InterXion Holding N.V. Netherlands 33301892 InterXion HeadQuarters B.V. Netherlands 34128125 InterXion Nederland B.V. Netherlands 34116837 InterXion Operational B.V. Netherlands 34389232 InterXion Datacenters B.V. Netherlands 27174186 InterXion Belgium NV Belgium RPR Brussels 0471.625.579 InterXion Danmark ApS ▇▇▇▇▇▇▇ ▇▇▇ ▇▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ (registered with the Commercial Registry of Madrid in volume 14952, section 8, book 0, page M-249071) Interxion Holding N.V. Netherlands 33301892 Interxion Nederland BV Netherlands 34116837 Interxion HeadQuarters BV Netherlands 34128125 Interxion Belgium NV Belgium RPR Brussels 0471.625.579 Interxion Danmark ApS Denmark CVR No. 2514 7022 Interxion Carrier Hotel Ltd England 03753969 Interxion France Sarl France 423 945 799 RCS Paris InterXion Bobigny Interxion Deutschland GmbH Germany HRB 47103, commercial register (Handelsregister) of the local court (Amtsgericht) of Frankfurt am Main Interxion Ireland Limited Republic of Ireland 321944 InterXion Interxion España SA SL Spain CIF ▇▇▇▇▇▇▇▇▇ (registered with the Commercial Registry of Madrid, Madrid in volume 14952, section 8, book 0, page M-249071 InterXion Carrier Hotel Ltd England 03753969 InterXion Europe Limited England 04157840 M-249071) THIS AGREEMENT is made on [ ] and made between:
(1) [Insert Full Name of New Debtor] (the “Acceding Debtor”); and
(2) [Insert Full Name of Current Security Trustee] (the “Security Trustee”), for itself and each of the other parties to the intercreditor agreement referred to below. This agreement is made on [date] by the Acceding Debtor in relation to an intercreditor agreement (the “Intercreditor Agreement”) dated [ ] between, amongst others, [ ] as security agent, [ ] as Revolving Agent, the Creditors and the Debtors (each as defined in the Intercreditor Agreement). [Insert details (date, parties and description) of relevant documents] the “Relevant Documents”. IT IS AGREED as follows:
1. Terms defined in the Intercreditor Agreement shall, unless otherwise defined in this Agreement, bear the same meaning when used in this Agreement.
2. The Acceding Debtor and the Security Trustee agree that the Security Trustee shall hold:
(a) [any Security in respect of Liabilities created or expressed to be created pursuant to the Relevant Documents;
(b) all proceeds of that Security; and]1
(c) all obligations expressed to be undertaken by the Acceding Debtor to pay amounts in respect of the Liabilities to the Security Trustee as trustee for the Secured Parties (in the Relevant Documents or otherwise) and secured by the Transaction Security together with all representations and warranties expressed to be given by the Acceding Debtor (in the Relevant Documents or otherwise) in favour of the Security Trustee as trustee for the Secured Parties, on trust for the Secured Parties on the terms and conditions contained in the Intercreditor Agreement.
3. The Acceding Debtor confirms that it intends to be party to the Intercreditor Agreement as a Debtor, undertakes to perform all the obligations expressed to be assumed by a Debtor under the Intercreditor Agreement and agrees that it shall be bound by all the provisions of the Intercreditor Agreement as if it had been an original party to the Intercreditor Agreement subject to the following limitations: [ ]
4. [In consideration of the Acceding Debtor being accepted as an Intra-Group Lender for the purposes of the Intercreditor Agreement, the Acceding Debtor also confirms that it intends to be party to the Intercreditor Agreement as an Intra-Group Lender, and undertakes to perform all the obligations expressed in the Intercreditor Agreement to be assumed by an Intra-Group Lender and agrees that it shall be bound by all the provisions of the Intercreditor Agreement, as if it had been an original party to the Intercreditor Agreement].2
5. [This Accession Agreement Letter will be formalised in a Spanish Public Document at the cost of the Company, so that it may have the status of a public document and for all purposes contemplated in Article 517, number 4 of the Spanish Civil Procedural Law (Law 1/2000 of 7th January) (
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