DIGITAL REALTY TRUST, INC. Shares a/ Common Stock Form of Underwriting AgreementDigital Realty Trust, Inc. • July 20th, 2005 • Real estate investment trusts • New York
Digital Realty Trust, Inc., a corporation organized under the laws of the State of Maryland (the “Company”), proposes to sell to the several underwriters named in Schedule I hereto (the “Underwriters”), for whom you (the “Representatives”) are acting as Representatives, shares of Common Stock, $0.01 par value (“Common Stock”) of the Company (said shares to be issued and sold by the Company being hereinafter called the “Underwritten Securities”). The Company also proposes to grant to the Underwriters an option to purchase up to additional shares of Common Stock to cover over-allotments (the “Option Securities”; the Option Securities, together with the Underwritten Securities, being hereinafter called the “Securities”). To the extent there are no additional Underwriters listed on Schedule I other than you, the term Representatives as used herein shall mean you, as Underwriters, and the terms Representatives and Underwriters shall mean either the singular or plural as the context requires
FORM OF THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF DIGITAL REALTY TRUST, L.P.Digital Realty Trust, Inc. • July 20th, 2005 • Real estate investment trusts • Maryland
THIS THIRD AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP of Digital Realty Trust, L.P., dated as of , 2005, is entered into by and among Digital Realty, Inc., a Maryland corporation (the “Company”), as the General Partner and the Persons whose names are set forth on Exhibit A attached hereto, as the Limited Partners, together with any other Persons who become Partners in the Partnership as provided herein.
EXIT FEE AGREEMENTExit Fee Agreement • July 20th, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
THIS EXIT FEE AGREEMENT (this “Agreement”) is made as of May 27, 2005, by and between DIGITAL LAKESIDE, LLC, a Delaware limited liability company having an address at 560 Mission Street, Suite 2900, San Francisco, California 94105 (“Borrower”) and MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”).
CONTRACT FOR FACILITY MANAGEMENT SERVICES Northern California PortfolioNorthern California Portfolio • July 20th, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts
THIS CONTRACT is made and entered into this 1st day of April, 2005, by and between Linc Facility Services, LLC, a Delaware corporation (hereinafter referred to as “Contractor”) and Digital Realty Trust, L.P., a Maryland limited partnership, and specifically the property entities as further detailed in Exhibit B (hereinafter referred to as “Client”).
CONTRACT FOR FACILITY MANAGEMENT SERVICES Carrier Center- 600West Seventh Street, Los Angeles, CADigital Realty Trust, Inc. • July 20th, 2005 • Real estate investment trusts
THIS CONTRACT is made and entered into this 1st day of April, 2005, by and between Linc Facility Services, LLC, a Delaware corporation (hereinafter referred to as “Contractor”) and GIP 7th Street, LLC, a California limited liability company (hereinafter referred to as “Client”).
LOAN AGREEMENT Dated as of May 27, 2005 Between DIGITAL LAKESIDE, LLC, as Borrower and MORGAN STANLEY MORTGAGE CAPITAL INC., as LenderLoan Agreement • July 20th, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • New York
THIS LOAN AGREEMENT, dated as of May 27, 2005 (as amended, restated, replaced, supplemented or otherwise modified from time to time, this “Agreement”), between MORGAN STANLEY MORTGAGE CAPITAL INC., a New York corporation, having an address at 1221 Avenue of the Americas, 27th Floor, New York, New York 10020 (“Lender”) and DIGITAL LAKESIDE, LLC, a Delaware limited liability company having an address at 560 Mission Street, Suite 2900, San Francisco, CA 94105 (“Borrower”).
PURCHASE AND SALE AGREEMENTPurchase and Sale Agreement • July 20th, 2005 • Digital Realty Trust, Inc. • Real estate investment trusts • Colorado
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into as of the 31st day of May, 2005 (“Effective Date”), by and between GLOBAL CONCORD OPERATING COMPANY, LLC, a Delaware limited liability company (“Seller”), and DIGITAL CONCORD CENTER, LLC, a Delaware limited liability company (“Buyer”).
