Asset Value. If Unencumbered Asset was acquired within last 12 months, insert greater of (G) and (H). If Unencumbered Asset was acquired 12 or more months ago, insert (G). $______ Sch. I - 4 Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ Sch. I - 5 Sch. II - 1 To: Lenders under the Supplemental Tranche (as defined below) Ladies and Gentlemen: Reference is made to the Amended and Restated Term Loan Agreement dated as of October 24, 2018 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Term Loan Agreement”; the terms defined therein, unless otherwise defined herein, being used herein as therein defined), among Digital Realty Trust, L.P., a Maryland limited partnership, as a Borrower, Digital Realty Trust, Inc., as Parent Guarantor, the Additional Guarantors and other Borrowers party thereto, the Lenders party thereto and Citibank, N.A., as Administrative Agent for the Lenders. Pursuant to Section 2.16 of the Term Loan Agreement, the Borrowers hereby request a Supplemental Tranche (the “Supplemental Tranche”) on the terms and conditions set forth below: 1. A Supplemental Tranche with aggregate Supplemental Tranche Commitments in the amount of ____________ in the Supplemental Currency indicated below. 2. The Supplemental Currency shall be ______________. 3. The existing Borrower(s) or the Additional Borrower(s) that will be the Supplemental Borrower(s) with respect to the Supplemental Tranche: ______________. 4. The Applicable Lending Office of each Lender with a Supplemental Tranche Commitment in respect of the Supplemental Tranche and such Supplemental Tranche Commitments are set forth on an updated Schedule I to the Term Loan Agreement attached hereto. 5. Other terms and provisions relating to the Supplemental Tranche: _________________ _____________________________________________________________________________ Exh. F - 1 The Borrowers confirm that the conditions to the creation of the Supplemental Tranche set forth in Section 2.16 of the Term Loan Agreement have been satisfied. This Supplemental Addendum supplements the Term Loan Agreement. To the extent of any inconsistency between the terms of this Supplemental Addendum and the terms of the Term Loan Agreement, the terms of this Supplemental Addendum shall prevail and govern to the extent of such inconsistency. This Supplemental Addendum shall constitute a Loan Document under the Term Loan Agreement and shall be governed by the law of the State of New York. Very truly yours, [NAME OF SUPPLEMENTAL BORROWER] By: ______________________________ Name: Title: Approved and agreed as of the Supplemental Tranche Effective Date (as defined below): [INSERT SIGNATURE BLOCK FOR EACH OTHER LOAN PARTY] Approved and agreed this ____ day of _____________, ____ (the “Supplemental Tranche Effective Date”) CITIBANK, N.A., as Administrative Agent By ______________________________ Name: Title: [INSERT SIGNATURE BLOCK FOR EACH LENDER MAKING A SUPPLEMENTAL TRANCHE COMMITMENT WITH RESPECT TO THE APPLICABLE SUPPLEMENTAL TRANCHE AND, IF APPLICABLE, THE FUNDING AGENT] Exh. F - 2 Citibank, N.A., as Administrative Agent under the Term Loan Agreement referred to below ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Ops III ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ of America Attention: Agency Operations Ladies and Gentlemen: Reference is made to the above-captioned Term Loan Agreement. The capitalized terms defined in the Term Loan Agreement and not otherwise defined herein are used herein as therein defined.
Appears in 2 contracts
Sources: Term Loan Agreement (Digital Realty Trust, L.P.), Global Senior Credit Agreement (Digital Realty Trust, L.P.)
Asset Value. If Unencumbered Asset was acquired within last 12 months, insert greater of (G) and (H). If Unencumbered Asset was acquired 12 or more months ago, insert (G). $______ Sch. I - 4 $ Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ $ Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ Sch. I - 5 Sch. II - 1 $ Sum of Asset Values for all Unencumbered Assets $ To: Lenders under the Supplemental Tranche (as defined below) Ladies and Gentlemen: Reference is made to the Amended and Restated Term Loan Agreement dated as of October 24April 16, 2018 2012 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Term Loan Agreement”; the terms defined therein, unless otherwise defined herein, being used herein as therein defined), among Digital Realty Trust, L.P., a Maryland limited partnership, as a Borrower, Digital Realty Trust, Inc., as Parent Guarantor, the Additional Guarantors and other Borrowers party thereto, the Lenders party thereto and Citibank, N.A., as Administrative Agent for the Lenders. Pursuant to Section 2.16 of the Term Loan Agreement, the Borrowers hereby request a Supplemental Tranche (the “Supplemental Tranche”) on the terms and conditions set forth below:
1. A Supplemental Tranche with aggregate Supplemental Tranche Commitments in the amount of ____________ in the Supplemental Currency indicated below.
2. The Supplemental Currency shall be ______________[Hong Kong Dollars][Yen].
3. The existing Borrower(s) or the Additional Borrower(s) that will be the Supplemental Borrower(s) with respect to the Supplemental Tranche: ______________.
4. The Applicable Lending Office of each Lender with a Supplemental Tranche Commitment in respect of the Supplemental Tranche and such Supplemental Tranche Commitments are set forth on an updated Schedule I to the Term Loan Agreement attached hereto.
5. Other terms and provisions relating to the Supplemental Tranche: _________________ _____________________________________________________________________________ Exh. F - 1 The Borrowers confirm that the conditions to the creation of the Supplemental Tranche set forth in Section 2.16 of the Term Loan Agreement have been satisfied. This Supplemental Addendum supplements the Term Loan Agreement. To the extent of any inconsistency between the terms of this Supplemental Addendum and the terms of the Term Loan Agreement, the terms of this Supplemental Addendum shall prevail and govern to the extent of such inconsistency. This Supplemental Addendum shall constitute a Loan Document under the Term Loan Agreement and shall be governed by the law of the State of New York. Very truly yours, [NAME OF SUPPLEMENTAL BORROWER] By: ______________________________ Name: Title: Approved and agreed as of the Supplemental Tranche Effective Date (as defined below): [INSERT SIGNATURE BLOCK FOR EACH OTHER LOAN PARTY] Approved and agreed this ____ day of _____________, ____ (the “Supplemental Tranche Effective Date”) CITIBANK, N.A., as Administrative Agent By ______________________________ Name: Title: [INSERT SIGNATURE BLOCK FOR EACH LENDER MAKING A SUPPLEMENTAL TRANCHE COMMITMENT WITH RESPECT TO THE APPLICABLE SUPPLEMENTAL TRANCHE AND, IF APPLICABLE, THE FUNDING AGENT] Exh. F - 2 Citibank, N.A., as Administrative Agent under the Term Loan Agreement referred to below ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Ops III ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ of America Attention: Agency Operations Ladies and Gentlemen: Reference is made to the above-captioned Term Loan Agreement. The capitalized terms defined in the Term Loan Agreement and not otherwise defined herein are used herein as therein defined.:
Appears in 1 contract
Asset Value. If Unencumbered Asset was acquired within last 12 months, insert greater of (G) and (H). If Unencumbered Asset was acquired 12 or more months ago, insert (G). $______ Sch. I - 4 $ Digital Realty Trust, L.P. – Form of Unencumbered Assets Certificate Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ $ Asset Value equals the book value of such Asset as determined in accordance with GAAP (but determined without giving effect to any depreciation): $_______ Sch. I - 5 Sch. II - 1 To: Lenders under the Supplemental Tranche (as defined below) Ladies and Gentlemen: Reference is made to the Amended and Restated Term Loan Agreement dated as of October 24, 2018 (as amended, amended and restated, supplemented or otherwise modified from time to time, the “Term Loan Agreement”; the terms defined therein, unless otherwise defined herein, being used herein as therein defined), among $ Digital Realty Trust, L.P., a Maryland limited partnership, as a Borrower, L.P. – Form of Unencumbered Assets Certificate Digital Realty Trust, Inc.L.P. – Form of Unencumbered Assets Certificate , as Parent Guarantor, the Additional Guarantors and other Borrowers party thereto, the Lenders party thereto and Citibank, N.A., as Administrative Agent for the Lenders. Pursuant to Section 2.16 of the Term Loan Agreement, the Borrowers hereby request a Supplemental Tranche (the “Supplemental Tranche”) on the terms and conditions set forth below:
1. A Supplemental Tranche with aggregate Supplemental Tranche Commitments in the amount of ____________ in the Supplemental Currency indicated below.
2. The Supplemental Currency shall be ______________.
3. The existing Borrower(s) or the Additional Borrower(s) that will be the Supplemental Borrower(s) with respect to the Supplemental Tranche: ______________.
4. The Applicable Lending Office of each Lender with a Supplemental Tranche Commitment in respect of the Supplemental Tranche and such Supplemental Tranche Commitments are set forth on an updated Schedule I to the Term Loan Agreement attached hereto.
5. Other terms and provisions relating to the Supplemental Tranche: _________________ _____________________________________________________________________________ Exh. F - 1 The Borrowers confirm that the conditions to the creation of the Supplemental Tranche set forth in Section 2.16 of the Term Loan Agreement have been satisfied. This Supplemental Addendum supplements the Term Loan Agreement. To the extent of any inconsistency between the terms of this Supplemental Addendum and the terms of the Term Loan Agreement, the terms of this Supplemental Addendum shall prevail and govern to the extent of such inconsistency. This Supplemental Addendum shall constitute a Loan Document under the Term Loan Agreement and shall be governed by the law of the State of New York. Very truly yours, [NAME OF SUPPLEMENTAL BORROWER] By: ______________________________ Name: Title: Approved and agreed as of the Supplemental Tranche Effective Date (as defined below): [INSERT SIGNATURE BLOCK FOR EACH OTHER LOAN PARTY] Approved and agreed this ____ day of _____________, ____ (the “Supplemental Tranche Effective Date”) CITIBANK, N.A., as Administrative Agent By ______________________________ Name: Title: [INSERT SIGNATURE BLOCK FOR EACH LENDER MAKING A SUPPLEMENTAL TRANCHE COMMITMENT WITH RESPECT TO THE APPLICABLE SUPPLEMENTAL TRANCHE AND, IF APPLICABLE, THE FUNDING AGENT] Exh. F - 2 Citibank, N.A., as Administrative Agent under the Term Loan Credit Agreement referred to below ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇, Ops III ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ of America Attention: Agency Operations ▇▇▇▇▇▇ ▇▇▇▇, Citigroup Global Loans Ladies and Gentlemen: Reference is made The undersigned, [insert name of applicable U.S. Borrower], refers to the above-captioned Term Loan Global Senior Credit Agreement dated as of November 3, 2011 (as amended from time to time, the “Credit Agreement. The capitalized ”; the terms defined in the Term Loan Agreement and not otherwise defined herein are therein being used herein as therein defined.), among the undersigned, Digital Realty Trust, L.P, as a Borrower, Digital Realty Trust, Inc., as Parent Guarantor, the Additional Guarantors and other Borrowers party thereto, the Lender Parties party thereto and Citibank, N.A., as Administrative Agent for the Lender Parties, and hereby gives you notice, irrevocably, pursuant to Section 2.02(c) of the Credit Agreement that the undersigned hereby requests a Competitive Bid Borrowing under the Credit Agreement, and in that connection sets forth the terms on which such Competitive Bid Borrowing (the “Proposed Competitive Bid Borrowing”) is requested to be made:
(1) Date of Competitive Bid Borrowing:
(2) Amount of Competitive Bid Borrowing:
(3) [Maturity Date]5 [Interest Period]:
(4) Interest Rate Basis:
(5) Interest Payment Date(s):
(6) Other terms of Proposed Competitive Bid Borrowing: The undersigned hereby certifies that the following statements are true on the date hereof, and will be true on the date of the Proposed Competitive Bid Borrowing:
(a) the Parent Guarantor’s Debt Rating is BBB- or Baa3 or better;
(b) the representations and warranties contained in each Loan Document are true and correct in all material respects on and as of the date of the Proposed Competitive Bid Borrowing, before and after giving effect to (i) the Proposed Competitive Bid Borrowing and (ii) the application of the proceeds therefrom, as though made on and as of such date (except for any such representation and warranty that, by its terms, refers to a specific date, in which case as of such specific date); 5 In the case of Fixed Rate Advances only. Digital Realty Trust, L.P. – Form of Notice of Competitive Bid Borrowing (c) no event has occurred and is continuing, or would result from the Proposed Competitive Bid Borrowing or from the application of the proceeds therefrom, that constitutes a Default or Event of Default;
Appears in 1 contract
Sources: Senior Credit Agreement (Digital Realty Trust, L.P.)