CYXTERA TECHNOLOGIES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Delaware
This Indemnification and Advancement Agreement (“Agreement”) is made as of ________ __, 2021 by and between Cyxtera Technologies, Inc., a Delaware corporation (the “Company”), and ______________, a member of the Board of Directors or an officer of the Company (“Indemnitee”). This Agreement supersedes and replaces any and all previous Agreements between the Company and Indemnitee covering indemnification and advancement.
AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENTRegistration Rights Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • New York
THIS AMENDED AND RESTATED REGISTRATION RIGHTS AGREEMENT (this “Agreement”), dated as of July 29, 2021, is made and entered into by and among Cyxtera Technologies, Inc., a Delaware corporation (f/k/a Starboard Value Acquisition Corp.) (the “Company”), SVAC Sponsor LLC, a Delaware limited liability company (the “Sponsor”), and the undersigned parties listed under Holders on the signature page hereto (each such party, together with the Sponsor and any person or entity who hereafter becomes a party to this Agreement pursuant to Section 5.2 of this Agreement, a “Holder” and collectively the “Holders”).
Employment AgreementEmployment Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Florida
This Employment Agreement (this “Agreement”) is entered into on May 8, 2017 by and between Cyxtera Management, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Randy Rowland (the “Executive”) (collectively referred to herein as the “Parties”), effective as of May 1, 2017 (the “Effective Date”).
Employment AgreementEmployment Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Florida
This Employment Agreement (this “Agreement”) is entered into on May 8, 2017 by and between Cyxtera Management, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Nelson Fonseca (the “Executive”) (collectively referred to herein as the “Parties”), effective as of May 1, 2017 (the “Effective Date”).
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Florida
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) dated as of November 18, 2019 (the “Amendment Date”), shall amend that certain Employment Agreement (the “Employment Agreement”), which became effective as of May 1, 2017, by and between Cyxtera Management, Inc., a Delaware corporation (together with any successor thereto, the “Company”), and Nelson Fonseca (“Executive”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Employment Agreement.
AMENDMENT TO EMPLOYMENT AGREEMENTEmployment Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Florida
THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) dated as of November 18, 2019 (the “Amendment Date”), shall amend that certain Employment Agreement (the “Employment Agreement”), which became effective as of May 1, 2017, by and between Cyxtera Management, Inc., a Delaware corporation (together with any successor thereto, the “Company “), and Randy Rowland (“Executive”). Capitalized terms used but not defined herein shall have the meanings given to such terms in the Employment Agreement.
STOCKHOLDERS AGREEMENTStockholders Agreement • August 4th, 2021 • Cyxtera Technologies, Inc. • Services-computer programming, data processing, etc. • Delaware
THIS STOCKHOLDERS AGREEMENT (as it may be amended, restated, supplemented or otherwise modified from time to time in accordance with the terms hereof, this “Stockholders Agreement”), dated as of July 29, 2021 (the “Effective Date”), is made by and among (i) Cyxtera Technologies, Inc., a Delaware corporation (f/k/a Starboard Value Acquisition Corp.) (“PubCo”); (ii) SIS Holdings LP, a Delaware limited partnership (“Seller”); (iii) BCEC-Cyxtera Technologies Holdings (Guernsey) L.P., a Guernsey limited partnership (the “BC Stockholder”); (iv) Medina Capital Fund II – SIS Holdco, L.P., a Delaware limited partnership (the “Medina Stockholder”); and (v) SVAC Sponsor LLC, a Delaware limited liability company (the “Starboard Sponsor”). Each of PubCo, Seller, the BC Stockholder, the Medina Stockholder and the Starboard Sponsor may be referred to herein as a “Party” and collectively as the “Parties”.
