Common use of Amendments to the Guarantee Clause in Contracts

Amendments to the Guarantee. SECTION 3.01. Section 2.03(a) (No Limitations) of the Guarantee is amended by replacing the reference to “Section 4.12” with “Section 4.11”. SECTION 3.02. Section 3.03(a) (Subordination) of the Guarantee is amended by deleting the last sentence in its entirety and replacing it with the following: “Notwithstanding the foregoing, pursuant to Section 6.08 of the Facility Agreement, so long as no Event of Default shall have occurred and be continuing, Guarantor may receive from Borrowers payments or repayments of principal and interest in relation to intercompany loans (i) made by Guarantor to Equinix Singapore or Equinix Japan for the purpose of bridging the funding of Capital Expenditures incurred by either such Borrower prior to August 31, 2007 in connection with the expansion of either such Borrower’s Internet Data Center and (ii) made by Guarantor to Equinix Australia for the purpose of bridging the funding of Capital Expenditures incurred by such Borrower prior to January 31, 2008 in connection with the expansion of such Borrower’s Internet Data Center.” SECTION 3.03. Section 3.03(b) (Subordination) of the Guarantee is amended by deleting the last sentence in its entirety and replacing it with the following: “Notwithstanding the foregoing, pursuant to Section 6.08 of the Facility Agreement, so long as no Event of Default shall have occurred and be continuing, Guarantor may receive from Borrowers payments or repayments of principal and interest in relation to intercompany loans (i) made by Guarantor to Equinix Singapore or Equinix Japan for the purpose of bridging the funding of Capital Expenditures incurred by either such Borrower prior to August 31, 2007 in connection with the expansion of either such Borrower’s Internet Data Center and (ii) made by Guarantor to Equinix Australia for the purpose of bridging the funding of Capital Expenditures incurred by such Borrower prior to January 31, 2008 in connection with the expansion of such Borrower’s Internet Data Center.” SECTION 3.04. Section 4.02(b) (Waivers; Amendment) of the Guarantee is amended by: (a) deleting the words “Guarantee Party or Guarantee Parties with respect to which such waiver, amendment or modification is to apply”, and replacing such words with the word “Guarantor”; and (b) deleting the word “[12.02]” and replacing such word with “10.02”. SECTION 3.05. Section 4.05 (Counterparts; Effectiveness) of the Guarantee is amended by: (a) deleting the last two sentences of Section 4.05; and (b) inserting the following sentence: SECTION 3.06. Section 4.07 (Right of Set-Off) of the Guarantee is amended by replacing the words “Borrowers and each Guarantee Party” with the word “Guarantor”. SECTION 3.07. Section 4.08(c) (Governing Law; Jurisdiction; Consent to Service of Process) of the Guarantee is amended by replacing the words “Each of the Guarantee Parties” with the words “The Guarantor”. SECTION 3.08. Section 4.11 of the Guarantee (Termination or Release) is amended by: (a) deleting sub-section (b); and (b) re-designating sub-section (c) as sub-section (b).

Amendments to the Guarantee. SECTION 3.01. Section 2.03(a) (No Limitations) of the Guarantee is amended by replacing the reference to “Section 4.12” with “Section 4.11”. SECTION 3.02. Section 3.03(a) (Subordination) of the Guarantee is amended by deleting the last sentence in its entirety and replacing it with the following: “Notwithstanding the foregoing, pursuant to Section 6.08 of the Facility Agreement, so long as no Event of Default shall have occurred and be continuing, Guarantor may receive from Borrowers payments or repayments of principal and interest in relation to intercompany loans (i) made by Guarantor to Equinix Singapore or Equinix Japan for the purpose of bridging the funding of Capital Expenditures incurred by either such Borrower prior to August 31, 2007 in connection with the expansion of either such Borrower’s Internet Data Center and (ii) made by Guarantor to Equinix Australia for the purpose of bridging the funding of Capital Expenditures incurred by such Borrower prior to January 31, 2008 in connection with the expansion of such Borrower’s Internet Data Center.” SECTION 3.03. Section 3.03(b) (Subordination) of the Guarantee is amended by deleting the last sentence in its entirety and replacing it with the following: “Notwithstanding the foregoing, pursuant to Section 6.08 of the Facility Agreement, so long as no Event of Default shall have occurred and be continuing, Guarantor may receive from Borrowers payments or repayments of principal and interest in relation to intercompany loans (i) made by Guarantor to Equinix Singapore or Equinix Japan for the purpose of bridging the funding of Capital Expenditures incurred by either such Borrower prior to August 31, 2007 in connection with the expansion of either such Borrower’s Internet Data Center and (ii) made by Guarantor to Equinix Australia for the purpose of bridging the funding of Capital Expenditures incurred by such Borrower prior to January 31, 2008 in connection with the expansion of such Borrower’s Internet Data Center.” SECTION 3.04. Section 4.02(b) (Waivers; Amendment) of the Guarantee is amended by: (a) deleting the words “Guarantee Party or Guarantee Parties with respect to which such waiver, amendment or modification is to apply”, and replacing such words with the word “Guarantor”; and (b) deleting the word “[12.02]” and replacing such word with “10.02”. SECTION 3.05. Section 4.05 (Counterparts; Effectiveness) of the Guarantee is amended by: (a) deleting the last two sentences of Section 4.05; and (b) inserting the following sentence:: “This Guarantee shall become effective as to the Guarantor when a counterpart hereof executed on behalf of the Guarantor shall have been delivered to the Facility Agent and a counterpart hereof shall have been executed on behalf of the Facility Agent and the Collateral Agent, and thereafter shall be binding upon the Guarantor, the Facility Agent, the Collateral Agent and their respective permitted successors and assigns, and shall inure to the benefit of the Guarantor, the Facility Agent, the Collateral Agent and the other Secured Parties and their respective successors and assigns, except that the Guarantor shall not have the right to assign or transfer its rights or obligations hereunder or any interest herein (and any such assignment or transfer shall be void) except as expressly contemplated by this Guarantee or the Facility Agreement.” SECTION 3.06. Section 4.07 (Right of Set-Off) of the Guarantee is amended by replacing the words “Borrowers and each Guarantee Party” with the word “Guarantor”. SECTION 3.07. Section 4.08(c) (Governing Law; Jurisdiction; Consent to Service of Process) of the Guarantee is amended by replacing the words “Each of the Guarantee Parties” with the words “The Guarantor”. SECTION 3.08. Section 4.11 of the Guarantee (Termination or Release) is amended by: (a) deleting sub-section (b); and (b) re-designating sub-section (c) as sub-section (b).