Rackspace Hosting, Inc. Sample Contracts

Rackspace Hosting, Inc. – AMENDED & RESTATED BYLAWS OF RACKSPACE HOSTING, INC. (Adopted November 3, 2016) (November 3rd, 2016)
Rackspace Hosting, Inc. – AMENDED AND RESTATED CERTIFICATE OF INCORPORATION OF RACKSPACE HOSTING, INC. (a Delaware corporation) (November 3rd, 2016)

The address of the Corporation’s registered office in the State of Delaware is Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808, and the name of the Corporation’s registered agent at such address is Corporation Service Company.

Rackspace Hosting, Inc. – Lender Presentation October 13, 2016 Disclaimer ACCEPTANCE OF THIS PRESENTATION CONSTITUTES AN AGREEMENT TO BE BOUND BY THE TERMS OF THE “NOTICE TO AND UNDERTAKING BY RECIPIENT” AND THE “SPECIAL NOTICE REGARDING PUBLICLY AVAILABLE INFORMATION” CONTAINED IN THE CONFIDENTIAL INFORMATION MEMOMANDUM DATED OCTOBER 2016. PROSPECTIVE LENDERS SHOULD BASE THEIR EVALUATION OF THE COMPANY AND THEIR DECISION WHETHER OR NOT TO PARTICIPATE IN THE TRANSACTIONS DESCRIBED IN THIS PRESENTATION SOLELY BASED ON THE INFORMATION CONTAINED IN THIS PRESENTATION AND THE RELATED CONFIDENTIAL INFORMATION MEMORANDUM AND (October 13th, 2016)
Rackspace Hosting, Inc. – RACKSPACE HOSTING, INC. SENIOR EXECUTIVE CHANGE OF CONTROL AND SEVERANCE PLAN AND SUMMARY PLAN DESCRIPTION (August 30th, 2016)
Rackspace Hosting, Inc. – AGREEMENT AND PLAN OF MERGER by and among INCEPTION PARENT, INC., INCEPTION MERGER SUB, INC., and RACKSPACE HOSTING, INC. Dated as of August 26, 2016 (August 30th, 2016)

THIS AGREEMENT AND PLAN OF MERGER (this “Agreement”) is made and entered into as of August 26, 2016, by and among Inception Parent, Inc., a Delaware corporation (“Parent”), Inception Merger Sub, Inc., a Delaware corporation and a wholly owned subsidiary of Parent (“Merger Sub”), and Rackspace Hosting, Inc., a Delaware corporation (the “Company”). Each of Parent, Merger Sub and the Company are sometimes referred to as a “Party.” All capitalized terms that are used in this Agreement have the meanings given to them in Article I.

Rackspace Hosting, Inc. – RACKSPACE HOSTING, INC. SENIOR EXECUTIVE CHANGE OF CONTROL AND SEVERANCE PLAN AND SUMMARY PLAN DESCRIPTION (August 30th, 2016)
Rackspace Hosting, Inc. – AMENDMENT TO AMENDED AND RESTATED BYLAWS OF RACKSPACE HOSTING, INC. (August 30th, 2016)

Pursuant to resolutions duly adopted by the Board of Directors of Rackspace Hosting, Inc., a Delaware corporation, effective August 26, 2016, the Amended and Restated Bylaws are amended as follows:

Rackspace Hosting, Inc. – Q2 2016 Earnings Slides August 8, 2016 (August 11th, 2016)
Rackspace Hosting, Inc. – Rackspace Reports Second Quarter Results (August 8th, 2016)

SAN ANTONIO - August 8, 2016 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended June 30, 2016.

Rackspace Hosting, Inc. – Q1 2016 Earnings Slides May 9, 2016 (May 16th, 2016)
Rackspace Hosting, Inc. – EMPLOYMENT AGREEMENT (May 10th, 2016)
Rackspace Hosting, Inc. – Rackspace Reports First Quarter Results (May 9th, 2016)

SAN ANTONIO - May 9, 2016 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended March 31, 2016.

Rackspace Hosting, Inc. – EMPLOYMENT AGREEMENT (February 26th, 2016)
Rackspace Hosting, Inc. – OFFICE LEASE by and between RAND BUILDING, LTD. and OPEN CLOUD ACADEMY, LLC (February 26th, 2016)

THIS OFFICE LEASE (“Lease”) is made as of the 27th day of May, 2015 (“Lease Date”), by and between RAND BUILDING, LTD., a Texas limited partnership (“Landlord”), and OPEN CLOUD ACADEMY, LLC, a Delaware limited liability company (“Tenant”).

Rackspace Hosting, Inc. – RACKSPACE HOSTING, INC. AND THE GUARANTORS FROM TIME TO TIME PARTY HERETO 6.500% SENIOR NOTES DUE 2024 (February 26th, 2016)

INDENTURE dated as of November 25, 2015 among Rackspace Hosting, Inc., a corporation duly organized and existing under the laws of the State of Delaware (the “Company”), Rackspace US, Inc., a Delaware corporation, as a guarantor, and the other Guarantors from time to time party hereto (as defined herein) and Wells Fargo Bank, National Association, as Trustee.

Rackspace Hosting, Inc. – EMPLOYMENT AGREEMENT (February 26th, 2016)
Rackspace Hosting, Inc. – CREDIT AGREEMENT dated as of November 25, 2015 among (February 26th, 2016)

THIS CREDIT AGREEMENT (this “Agreement”), dated as of November 25, 2015, is entered into among Rackspace Hosting, Inc., a Delaware corporation, the Lenders party hereto, JPMorgan Chase Bank, N.A., as Administrative Agent, and Morgan Stanley Senior Funding, Inc., Goldman Sachs Bank USA and Wells Fargo Bank, N.A., as Co-Syndication Agents.

Rackspace Hosting, Inc. – Q4 2015 Earnings Slides February 16, 2016 (February 24th, 2016)
Rackspace Hosting, Inc. – Rackspace Reports Fourth Quarter Results (February 16th, 2016)

SAN ANTONIO - February 16, 2016 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended December 31, 2015.

Rackspace Hosting, Inc. – Rackspace Prices $500 Million Offering of Senior Notes (November 19th, 2015)

This announcement is being issued pursuant to Rule 135c under the Securities Act and does not constitute an offer to sell or a solicitation of an offer to buy the Notes, nor shall there be any offer, solicitation or sale in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful. The Notes have not been registered under the Securities Act or any state securities laws and may not be offered or sold in the United States absent registration or an applicable exemption from such registration requirements.

Rackspace Hosting, Inc. – RACKSPACE HOSTING, INC. 6.500% SENIOR NOTES DUE 2024 (November 19th, 2015)

The Securities (as defined herein) will be issued pursuant to the provisions of an indenture, to be dated as of November 25, 2015 (the “Indenture”), among, the Company, the Guarantors (as defined herein) and Wells Fargo Bank, National Association, as trustee (the “Trustee”).

Rackspace Hosting, Inc. – Rackspace Announces Proposed $350 Million Offering of Senior Notes (November 9th, 2015)

This announcement is being issued pursuant to Rule 135c under the Securities Act and does not constitute an offer to sell or a solicitation of an offer to buy the Notes, nor shall there be any offer, solicitation or sale in any state or jurisdiction in which such an offer, solicitation or sale would be unlawful. The Notes have not been registered under the Securities Act or any state securities laws and may not be offered or sold in the United States absent registration or an applicable exemption from such registration requirements.

Rackspace Hosting, Inc. – Rackspace Reports Third Quarter Results (November 9th, 2015)

SAN ANTONIO - November 9, 2015 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended September 30, 2015.

Rackspace Hosting, Inc. – Rackspace Reports Second Quarter Results (August 10th, 2015)

SAN ANTONIO - August 10, 2015 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended June 30, 2015.

Rackspace Hosting, Inc. – EMPLOYMENT AGREEMENT (May 11th, 2015)
Rackspace Hosting, Inc. – Personal Contract of Employment issued to Tiffany Lathe (“The Employee”) by: Rackspace Managed Hosting Limited Stockley Park Uxbridge UB11 1BA (“The Company”) (May 11th, 2015)

The Company hereby provides you with this Personal Contract of Employment governing your employment with this Company. This contract complies with the Company’s duty under Section 1 of the Employment Rights Act 1996 to provide written particulars of terms of employment. Save where otherwise indicated, this contract forms the basis of your Contract of Employment with the Company.

Rackspace Hosting, Inc. – RACKSPACE HOSTING, INC. NON-EMPLOYEE DIRECTOR COMPENSATION SCHEDULE (May 11th, 2015)
Rackspace Hosting, Inc. – EMPLOYMENT AGREEMENT (May 11th, 2015)
Rackspace Hosting, Inc. – Rackspace Reports Solid First Quarter Revenue and Margins (May 11th, 2015)

SAN ANTONIO - May 11, 2015 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended March 31, 2015.

Rackspace Hosting, Inc. – 2007 LONG-TERM INCENTIVE PLAN (As Amended and Restated) (March 2nd, 2015)

Rackspace Hosting, Inc. (the “Company”) originally established this incentive compensation plan known as the “Rackspace Hosting, Inc. 2007 Long-Term Incentive Plan,” effective as of November 1, 2007, which was approved by the Company’s stockholders on October 30, 2007, which was amended and restated effective as of March 5, 2008 and May 2, 2012. Subject to approval by the Company’s stockholders, the Company now desires to amend and restate the Rackspace Hosting, Inc. 2007 Long-Term Incentive Plan in its entirety effective as of May 1, 2014 (the “Effective Date”), as set forth below.

Rackspace Hosting, Inc. – Fixed Dollar Accelerated Share Repurchase Transaction (March 2nd, 2015)
Rackspace Hosting, Inc. – Rackspace Reports Strong Fourth Quarter 2014 Results (February 17th, 2015)

SAN ANTONIO, TX - February 17, 2015 - Rackspace® (NYSE: RAX), the #1 managed cloud company, today announced financial results for the quarter that ended December 31, 2014.

Rackspace Hosting, Inc. – WILLIAM TAYLOR RHODES AMENDED AND RESTATED EMPLOYMENT AGREEMENT (November 10th, 2014)

This Amended and Restated Employment Agreement (the “Agreement”) is made effective as of September 16, 2014, (the “Effective Date”) and replaces and supersedes the Employment Agreement between Executive and the Company dated January 13, 2014 (the “Prior Employment Agreement”), and the William Taylor Rhodes Summary of Amended and Restated Employment Terms (“Term Sheet”) dated September 16, 2014 by and between Rackspace US, Inc. (the “Company”), and William Taylor Rhodes (“Executive”).

Rackspace Hosting, Inc. – Rackspace Announces Strong Third Quarter (November 10th, 2014)

SAN ANTONIO - November 10, 2014 - Rackspace® (NYSE: RAX), the #1 managed cloud company, announced financial results for the quarter ended September 30, 2014.

Rackspace Hosting, Inc. – Rackspace Announces Record Growth in Second Quarter 2014 (August 11th, 2014)

SAN ANTONIO - August 11, 2014 - Rackspace® Hosting, Inc. (NYSE: RAX), the #1 managed cloud company, announced financial results for the quarter ended June 30, 2014.