EQIX » Topics » MISCELLANEOUS

This excerpt taken from the EQIX 10-Q filed Apr 29, 2009.

MISCELLANEOUS

Nothing in the 2009 Incentive Plan shall interfere with or limit in any way the right of the Company or its subsidiary or affiliate, as applicable, to terminate any employee’s employment or service at any time, with or without cause. Except to the extent provided by applicable law or pursuant to a written agreement between the employee and the Company or its subsidiary or affiliate, employment with the Company or its subsidiary or affiliates is on an at-will basis only. Nothing in this 2009 Incentive Plan shall constitute an employment agreement between an employee and the Company.

Each award that may become payable under the 2009 Incentive Plan shall be paid solely from the general assets of the Company. No amounts awarded or accrued under the Plan shall be funded, set aside, subject to interest payment or otherwise segregated prior to payment. The obligation to pay awards under the 2009 Incentive Plan shall at all times be an unfunded and unsecured obligation of the Company. Employees shall have the status of general creditors of the Company. Any bonus or award payable under the 2009 Incentive Plan is voluntary and occasional and does not create any contractual or other right to receive grants in future years or benefits in lieu of such awards.

The 2009 Incentive Plan and all awards shall be construed in accordance with and governed by the laws of the State of California, without regard to their conflict-of-law provisions.

 

3

This excerpt taken from the EQIX 10-Q filed Aug 5, 2008.

MISCELLANEOUS

SECTION 6.01. Notices shall be given under this Amendment in the manner set forth in Section 4.01 of the Amended Guarantee.

SECTION 6.02. Article and Section headings used herein are for convenience of reference only, are not part of this Amendment and shall not affect the construction of, or be taken into consideration in interpreting this Amendment.

SECTION 6.03. This Amendment may be executed in counterparts (and by the different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract.

SECTION 6.04. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

[Remainder of the page intentionally left blank.]

 

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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written.

 

EQUINIX, INC., as Guarantor
By:  

/s/

  Name:
  Title:
ABN AMRO BANK N.V., as Facility Agent
By:  

/s/

  Name:
  Title:
By:  

/s/

  Name:
  Title:
ABN AMRO BANK N.V., as Collateral Agent
By:  

/s/

  Name:
  Title:
By:  

/s/

  Name:
  Title:
This excerpt taken from the EQIX 10-K filed Feb 27, 2008.

MISCELLANEOUS

SECTION 6.01. Notices shall be given under this Amendment in the manner set forth in Section 4.01 of the Guarantee.

SECTION 6.02. Article and Section headings used herein are for convenience of reference only, are not part of this Amendment and shall not affect the construction of, or be taken into consideration in interpreting this Amendment.

SECTION 6.03. This Amendment may be executed in counterparts (and by the different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract.

SECTION 6.04. THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK.

[Remainder of the page intentionally left blank.]

 

-6-


IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed by their respective authorized officers as of the day and year first above written.

 

EQUINIX, INC., as Guarantor
By:   /s/
  Name:  
  Title:  
EQUINIX SINGAPORE PTE. LTD.
By:   /s/
  Name:  
  Title:  
EQUINIX JAPAN K.K.
By:   /s/
  Name:  
  Title:  

 

-7-


Executed in accordance with section 127
Of the Corporations Act 2001 by
EQUINIX AUSTRALIA PTY. LIMITED
By:   /s/
  Name:  
  Title:  
By:   /s/
  Name:  
  Title:  

 

-8-


ABN AMRO BANK N.V., as Facility Agent
By:   /s/
  Name:  
  Title:  
By:   /s/
  Name:  
  Title:  
ABN AMRO BANK N.V., as Collateral Agent
By:   /s/
  Name:  
  Title:  
By:   /s/
  Name:  
  Title:  

 

-9-

This excerpt taken from the EQIX 10-K filed Mar 10, 2005.

3. MISCELLANEOUS

 

A. In the event of any inconsistencies between the terms of this Amendment and the Sublease, the terms of this Amendment shall prevail. This Amendment shall bind and inure to the benefit of Sublandlord and Subtenant and their respective legal representatives and successors and assigns.

 

B. This Amendment may be executed in counterparts each of which counterparts when taken together shall constitute one and the same agreement.

 

C. Except as set forth in this Amendment, all terms and conditions of the Sublease shall remain in full force and effect.

 


D. This Amendment is a fully-integrated agreement which, together with the Sublease, contains all of the parties’ representations, warranties, agreements and understandings with respect to the subject matter hereof. The parties agree that there are no other agreements or understandings, written or oral, express or implied, tacit or otherwise in respect of the subject matter of this Amendment. This Amendment may be amended only in writing.

 

E. This Amendment will be governed by the law of the State of California, without regard to its choice of law rules.

 

IN WITNESS WHEREOF, Sublandlord and Subtenant have executed this Modification as of the date first above written.

 

SUBLANDLORD:

SPRINT COMMUNICATIONS COMPANY L.P.,

By:

 

/s/ PAM HATCHER

Name:

 

Pam Hatcher

Title:

 

Manager Program Management

 

SUBTENANT:

EQUINIX OPERATING CO., INC.,

a Delaware corporation

By:

 

/s/ RENEE F. LANAM

Name:

 

Renee F. Lanam

Title:

 

Chief Financial Officer

 

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