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AMENDMENT AND ACCESSION AGREEMENT dated as of January 31, 2008 among

Assumption Agreement

AMENDMENT AND ACCESSION AGREEMENT dated as of January 31, 2008 among | Document Parties: EQUINIX INC | ABN AMRO Australia Pty Limited | ABN AMRO BANK NV | EQUINIX AUSTRALIA PTY LIMITED | EQUINIX SINGAPORE PTE LTD You are currently viewing:
This Assumption Agreement involves

EQUINIX INC | ABN AMRO Australia Pty Limited | ABN AMRO BANK NV | EQUINIX AUSTRALIA PTY LIMITED | EQUINIX SINGAPORE PTE LTD

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Title: AMENDMENT AND ACCESSION AGREEMENT dated as of January 31, 2008 among
Governing Law: New York     Date: 2/27/2008
Industry: Communications Services     Sector: Services

AMENDMENT AND ACCESSION AGREEMENT dated as of January 31, 2008 among, Parties: equinix inc , abn amro australia pty limited , abn amro bank nv , equinix australia pty limited , equinix singapore pte ltd
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Exhibit 10.32

Execution Copy

 

 

 

AMENDMENT AND ACCESSION AGREEMENT

dated as of January 31, 2008

among

EQUINIX SINGAPORE PTE. LTD.,

EQUINIX JAPAN K.K.,

EQUINIX AUSTRALIA PTY LIMITED ABN 25 092 807 264,

as Borrowers

ABN AMRO Bank N.V., Singapore Branch,

ABN AMRO Bank N.V., Japan Branch,

ABN AMRO Australia Pty Limited ABN 78 000 862 797,

as Lenders

and

ABN AMRO BANK N.V.,

as Facility Agent, Arranger and Collateral Agent

 

 

 

 


Table of Contents

 

ARTICLE I DEFINITIONS

   4

ARTICLE II ACCESSION

   5

ARTICLE III AMENDMENTS TO THE FACILITY AGREEMENT

   5

ARTICLE IV REPRESENTATIONS AND WARRANTIES

   16

ARTICLE V PROVISIONS RELATING TO THE AUSTRALIAN DOLLAR BORROWER AND THE AUSTRALIAN DOLLAR BORROWING

   17

ARTICLE VI INTEGRATION

   19

ARTICLE VII MISCELLANEOUS

   19

 


AMENDMENT AND ACCESSION AGREEMENT

This AMENDMENT AND ACCESSION AGREEMENT (this “ Amendment ”) dated as of January 31, 2008, among:

 

(1) EQUINIX SINGAPORE PTE. LTD., a Singaporean corporation (“ Equinix Singapore ”);

 

(2) EQUINIX JAPAN K.K., a Japanese corporation (“ Equinix Japan ”);

 

(3) EQUINIX AUSTRALIA PTY. LIMITED ABN 25 092 807 264, an Australian corporation (“ Equinix Australia ”) (Equinix Singapore, Equinix Japan, Equinix Australia and such Additional Borrowers (as defined in the Facility Agreement), each individually, a “ Borrower ” and collectively, “ Borrowers ”);

 

(4) ABN AMRO Bank N.V., Singapore Branch (the “ Singapore Dollar Lender ”);

 

(5) ABN AMRO Bank N.V., Japan Branch (the “ Yen Lender ”);

 

(6) ABN AMRO Australia Pty Limited (the “ Australian Dollar Lender ”) (the Singapore Dollar Lender, the Yen Lender and the Australian Dollar Lender each individually, a “ Lender ” and collectively, the “ Lenders ”); and

 

(7) ABN AMRO BANK N.V., as facility agent (in such capacity, “ Facility Agent ”), as arranger (in such capacity, “ Arranger ”) and as collateral agent (in such capacity, “Collateral Agent”) for the Secured Parties (as defined in the Facility Agreement).

WITNESSETH:

 

(A) WHEREAS, Equinix Singapore, Equinix Japan, the Singapore Dollar Lender, the Yen Lender, the Facility Agent, Arranger and Collateral Agent entered into a Facility Agreement dated August 31, 2007 (the “ Facility Agreement ”) pursuant to which the Singapore Dollar Lender and the Yen Lender agreed to extend credit to Equinix Singapore and Equinix Japan to fund the construction of their respective Internet Data Centers (as defined in the Facility Agreement).

 

(B) WHEREAS, pursuant to Section 2.03 of the Facility Agreement, Equinix Australia wishes to become an Additional Borrower and a Borrower under the Facility Agreement, and accede to all the obligations and liabilities of a Borrower under the Facility Agreement as provided herein.

 


(C) WHEREAS, Equinix Australia has requested the Lenders to make Additional Loans (as defined in the Facility Agreement and effectively amended by this Amendment) to Equinix Australia in an aggregate amount of up to AUD32,000,000 to fund the construction of its Internet Data Center.

 

(D) The Australian Dollar Lender is willing to become an additional Lender and make such Additional Loans to Equinix Australia under the terms of the Facility Agreement and this Amendment, and accede to all the obligations and liabilities under the Facility Agreement as provided herein.

 

(E) WHEREAS, it is the intention of the parties hereunder that (1) the Borrowers shall be jointly and severally liable for the Secured Obligations (as defined in the Facility Agreement) and (2) the security arrangements established to secure performance by the Borrowers of their obligations under the Facility Agreement and this Amendment shall benefit all the Lenders, including the Australian Dollar Lender.

 

(F) WHEREAS, the parties hereto have agreed to amend the Facility Agreement in the manner set out below with effect from and on the date hereof.

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE I

DEFINITIONS

SECTION 1.01 Defined Terms . Unless expressly defined in this Amendment, or the context otherwise requires, terms defined in the Facility Agreement shall have the same meanings in this Amendment .

SECTION 1.02 Rules of Construction . The principles of construction and rules of interpretation set forth in Section 1.02 of the Facility Agreement shall apply in this Amendment.

SECTION 1.03 Special Rules for Interpreting the Facility Agreement and this Amendment . In the interpretation of the Facility Agreement and this Amendment, unless the context clearly indicates otherwise or unless otherwise provided herein:

(a) a reference to “a Borrower” or “each Borrower” (wherever occurring) is a reference to Equinix Singapore, Equinix Japan, Equinix Australia and an Additional Borrower each individually; a reference to “Borrowers” (wherever occurring) is a reference collectively to Equinix Singapore, Equinix Japan, Equinix Australia and all Additional Borrowers; and a reference to “either Borrower” (wherever occurring) is a reference to any of the Borrowers.

(b) a reference to “a Lender” or “each Lender” (wherever occurring) is a reference to a Singapore Dollar Lender, a Yen Lender and an Australian Dollar Lender each individually and a reference to “Lenders” (wherever occurring) is a reference collectively to the Singapore Dollar Lenders, the Yen Lenders and the Australian Dollar Lenders.

 

4

 


ARTICLE II

ACCESSION

SECTION 2.01 Accession . Each of the Australian Dollar Lender and Equinix Australia agrees with each other person who is or who becomes a party to the Facility Agreement that, with effect on and from the date hereof, each of the Australian Dollar Lender and Equinix Australia will be bound by the Facility Agreement as a party to the Facility Agreement as of the date hereof in the capacity of “Lender”, with respect to the Australian Dollar Lender, and “Borrower”, with respect to Equinix Australia.

ARTICLE III

AMENDMENTS TO THE FACILITY AGREEMENT

SECTION 3.01 New Definitions . The following new definitions are added to Section 1.01 (Defined Terms) of the Facility Agreement in their proper alphabetical order:

“Amendment” shall mean the Amendment and Accession Agreement among the Singapore Dollar Borrower, the Yen Borrower, the Australian Dollar Borrower, the Singapore Dollar Lenders, the Yen Lender, the Australian Dollar Lender, the Facility Agent, the Arranger, and the Collateral Agent dated as of January 31, 2008.

“Australia Deed of Charge” shall mean that certain Deed of Charge executed by the Australian Dollar Borrower and the Collateral Agent dated as of January 31, 2008.

“Australia Share Mortgage” shall mean that certain Share Mortgage executed by Equinix Pacific Inc. and the Collateral Agent dated as of January 31, 2008.

“Australian Dollars” or “AUD” shall mean lawful currency of Australia.

“Australian Dollar Borrower” shall mean, in its capacity as the borrower of Australian Dollar Loans, Equinix Australia.

“Australian Dollar Borrowing” shall mean a borrowing comprised of Australian Dollar Loans made by the Australian Dollar Lenders pursuant to a Borrowing Request.

“Australian Dollar Lender” shall mean each financial institution listed on Schedule 1.01(d) (as amended from time to time), as well as any financial institution that has become an “Australian Dollar Lender” hereto pursuant to Section 2.03 or by the execution of an Assignment and Assumption in accordance with this Agreement, other than, in each case, any such financial institution that has ceased to be a party hereto pursuant to an Assignment and Assumption. For purposes of this Agreement, “Lender” includes each Australian Dollar Lender unless the context otherwise requires.

 

5

 


“Australian Dollar Loans” shall mean the term loans made by the Australian Dollar Lenders to the Australian Dollar Borrower pursuant to Section 2.01(c).

“Australian Dollar Loan Commitment” shall mean, with respect to each Lender, the commitment, if any, of such Lender to make Australian Dollar Loans hereunder during the Availability Period in the amount set forth opposite such Lender’s name on Schedule 1.01(d), or in the Assignment and Assumption pursuant to which such Lender shall have assumed its Australian Dollar Loan Commitment, as applicable, as the same may be (a) increased pursuant to any Increased Commitment made by such Lender pursuant to Section 2.03 or (b) reduced or increased from time to time pursuant to assignments by or to such Lender pursuant to Section 10.04. The initial aggregate amount of the Australian Dollar Loan Commitment is AUD32,000,000.

“BBSY shall mean, with respect to any Australian Dollar Borrowing for any Interest Period, the rate per annum for deposits in Australian Dollars for a period equal to or that most closely approximates the duration of such Interest Period which appears on Reuters screen BBSY (or such other page(s) as may replace that page as determined by the Facility Agent) as of 10:15 a.m., Sydney time on the relevant Interest Rate Setting Date; provided that if such rate does not appear on that page, “BBSY” shall mean the rate expressed as a percentage to be the arithmetic mean (rounded upwards, if necessary, to the nearest four decimal places) as supplied to the Facility Agent at its request quoted by at least two reference banks that are leading banks as the rate at which it is offered deposits in Australian Dollars and for the required period in the Australian interbank market at or about 11:00 a.m., Sydney time.

“Equinix Australia” shall mean Equinix Australia Pty. Limited ABN 25 092 807 264, an Australian corporation incorporated in the state of New South Wales.

“Japan Share Pledge” shall mean that certain Share Pledge Agreement executed by Equinix Japan, Equinix Pacific Inc., the Yen Lender and the Singapore Dollar Lender dated November 30, 2007.

“Singapore Share Charge” shall mean that certain Share Charge executed by the Equinix Singapore Holdings Pte. Ltd. and the Collateral Agent dated November 30, 2007.

SECTION 3.02 Amended Definitions . The following definitions as found in the Facility Agreement are deleted and replaced with the following in their proper alphabetical order:

“Administrative Borrower” shall mean Equinix Singapore, in its capacity as Administrative Borrower on behalf of itself, Equinix Japan, Equinix Australia and the Additional Borrowers pursuant to its appointment in Section 10.17 hereof, and its successors and assigns in such capacity.

Approved Currency shall mean, with respect to (i) the Singapore Dollar Borrower, Singapore Dollars, (ii) the Yen Borrower, Yen and (iii) the Australian Dollar Borrower, Australian Dollars.

 

6

 


“Availability Period” shall mean the period commencing on the date that all conditions precedent to the making of the initial Loans under Section 4.01 and Section 4.02 have been satisfied or waived and ending, (i) on August 31, 2008 with respect to the Singapore Dollar Loans and the Yen Loans, and (ii) on January 31, 2009 with respect to the Australian Dollar Loans.

“Borrowing” shall mean a Singapore Dollar Borrowing, a Yen Borrowing or an Australian Dollar Borrowing.

“Business Day” shall mean any day other than a Saturday, Sunday or other day on which banks in Hong Kong, Tokyo, Singapore or Sydney are authorized or required by law to close, except that in relation to any day on which a payment is to be made under the Loan Documents by a Borrower, “Business Day” shall mean a day other than a Saturday, Sunday or other day on which banks in the place where payment is to be made are authorized or required by law to close.

“Closing Date shall mean with respect to the (i) Singapore Dollar Borrower and the Yen Borrower, September 7, 2007, (ii) Australian Dollar Borrower and any Additional Borrowers the date of its initial Borrowing hereunder.

“Collateral” shall include (i) the “Collateral” as such term is defined and used in the Debenture, (ii) the “Movables” as such term is defined and used in the Assignment of Movables and (iii) the Secured Property as such term is defined and used in the Australia Deed of Charge and Australia Share Mortgage.

“Commitment” shall mean, with respect to any Lender, such Lender’s Singapore Dollar Loan Commitment, Yen Loan Commitment, Australian Dollar Commitment and/or Additional Commitment.

“Exchange Rate” means the prevailing spot rate of exchange specified by the Facility Agent for the purpose of conversion of one currency to another, at or around 11:00 a.m. Hong Kong, Singapore, Sydney or Tokyo time, on the date on which any such conversion of currency is to be made under this Agreement and taking into account any costs of such conversion.

“Final Maturity Date” shall mean, with respect to (i) the Singapore Dollar Loans and the Yen Loans, August 31, 2011 or, if such date is not a Business Day, the Business Day immediately preceding such date and (ii) the Australian Dollar Loans, January 31, 2012 or, if such date is not a Business Day, the Business Day immediately preceding such date.

“GAAP” shall mean generally accepted accounting principles in the United States applied on a consistent basis; provided that, at the option of the relevant Borrower, (i) GAAP shall mean generally accepted accounting principles in Singapore applied on a consistent basis, in relation to the annual financial reports to be delivered by the Singapore Dollar Borrower in accordance with this Agreement, (ii) GAAP shall mean generally accepted accounting principles in Japan applied on a consistent basis in relation to the annual financial reports to be delivered by the Yen Borrower in accordance with this Agreement and (iii) GAAP shall mean generally accepted accounting principles in Australia applied on a consistent basis in relation to the annual financial reports to be delivered by the Australian Dollar Borrower in accordance with this Agreement.

 

7

 


“Hazardous Materials” means (a) any pollutants, toxic pollutants, oil, gasoline, petroleum products, asbestos, materials or substances containing asbestos, explosives, chemical liquids or solids, radioactive materials, polychlorinated biphenyls or related or similar materials, or any other solid, liquid or other emission, substance, material, product or by-product defined, listed or regulated as a hazardous, noxious, toxic or solid substance, material or waste or defined, listed or regulated as causing cancer or reproductive toxicity, or otherwise defined, listed or regulated as hazardous or toxic in, pursuant to, or by any federal, state or local law, ordinance, rule, or regulation, now or hereafter enacted, amended or modified, in each case to the extent applicable to the Collateral including the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601, et seq.); the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901, et seq.); Sections 25117, 25281, 25316 or 25501 of the California Health & Safety Code; any so-called “Superfund” or “Superlien” law; the Toxic Substance Control Act of 1976 (15 U.S.C. Section 2601 et seq.); the Clean Water Act (33 U.S.C. Section 1251 et seq.); and the Clean Air Act (42 U.S.C. Section 7901 et seq.) or the equivalent laws of Japan, Singapore, Australia or such other jurisdiction of incorporation of any Borrower, as relevant to such Borrower; (b) any substance which is or contains asbestos, radon, polychlorinated biphenyl, urea formaldehyde foam insulation, explosive or radioactive material, lead paint, motor fuel or other petroleum hydrocarbons; (c) fungus, mold, mildew, or other biological agents the presence of which may adversely affect the health of individuals or other animals or materially adversely affect the value or utility of the Collateral; (d) any other substance which causes or poses a threat to cause a contamination or nuisance with respect to all or any portion of the Collateral or any adjacent property or a hazard to the Environment or to the health or safety of Persons; and (e) any other pollutant or contaminant or chemicals, waste, materials, compounds, constituents or substances, subject to regulation or which can give rise to liability under any Environmental Laws.

Interest Payment Date ” shall mean with respect to (i) the Singapore Dollar Loans and the Yen Loans, the last day of November, February, May and August of each year, from August 31, 2007 until the relevant Final Maturity Date and (ii) the Australian Dollar Loans, the last day of April, July, October and January of each year, from April 30, 2008 until the relevant Final Maturity Date; provided that if any Interest Payment Date shall fall on a day other than a Business Day, such Interest Payment Date shall be on the next preceding Business Day.

“Landlord Consent” shall mean the deed entitled “Agreement on Financed Fixtures” between Equinix Australia, the Collateral Agent and Lend Lease Real Estate Investments Limited in relation to the Site Lease of Equinix Australia.

“Loan” shall mean, as the context may require, a Singapore Dollar Loan, a Yen Loan, an Australian Dollar Loan or any Additional Loan, and “Loans” shall mean the Singapore Dollar Loans, the Yen Loans, the Australian Dollar Loans and the Additional Loans.

“Loan Commitment” shall mean the aggregate amount of all Lenders’ Singapore Dollar Loan Commitments, Yen Loan Commitments, Australian Dollar Loan Commitments and/or Additional Commitments.

“Notes” shall mean any notes evidencing the Singapore Dollar Loans, the Yen Loans or the Australian Dollar Loans issued pursuant to this Agreement, if any, substantially in the form of Exhibits D-1, D-2 and D-3 .

 

8

 


“Payment Office” means (i) with respect to Singapore Dollar Borrowings, the Facility Agent’s office located at One Raffles Quay (ORQ) South Tower, Level 26, Singapore 048583, (ii) with respect to Yen Borrowings, the Facility Agent’s office located at Atago Green Hills Mori Tower 31F, 5-1 Atago 2-Chome, Minato-Ku, Tokyo, Japan, (iii) with respect to Australian Dollar Borrowings, the Facility Agent’s office located at Level 22, ABN AMRO Tower, 88 Philip Street, Sydney 2000 Australia or (iv) at such other office or offices of the Facility Agent as may be designated in writing from time to time by the Facility Agent to Borrowers.

“Security Agreements” shall mean the (i) Assignment of Movables, (ii) Debenture, (iii) Japan Share Pledge, (iv) Singapore Share Charge, (v) Australia Deed of Charge and (vi) Australia Share Mortgage.

“Site Leases” shall mean the lease by Equinix Japan over the following premises: (i) TRC-C Building, B-Block, 4th & 5th Floors & one-half of 1st floor, 1-1 Heiwajima, 6-chome, Oota-ku, Tokyo 143-0006 Japan and (ii) 8-21, Higashi-Shinagawa 3-chome, Shinagawa-ku, Tokyo, Shinshuu Meitetsu Shinagawa Building; the lease by Equinix Singapore over the following premises: (i) Blk 20 Ayer Rajah Crescent #06-01, #06-05/06/07/08, #05-05/06/06A/07/07A/08, #03-05/06/07/08 and #05-01/02/02A/03/03A/04 Singapore 139964, (ii) Blk 20 Ayer Rajah Crescent, #03-01 to #03-04, Singapore 139964, (iii) Blk 20 Ayer Rajah Crescent #04-05/06/06A/07/07A/08 Singapore 139964, (iv) Blk 20 Ayer Rajah Crescent #06-04 Singapore 139964, (v) Blk 20 Ayer Rajah Crescent #02-03/04 Singapore 139964, (vi) Blk 20 Ayer Rajah Crescent #06-02/03 Singapore 139964, (vii) Rooftop, Blk 20 Ayer Rajah Crescent Singapore 139964 and (viii) Cargo Lift Shafts G and H, Blk 20 Ayer Rajah Crescent Singapore 139964; and (ix) the lease by Equinix Australia over the following premises Units B, C1 and C2 and ancillary car parking spaces, 639 Gardeners Road, Mascot, New South Wales.

SECTION 3.03 Commitments . Section 2.01 (Commitments) of the Facility Agreement is amended by:

(a) deleting the word “and” at the end of Section 2.01(b); and

(b) adding a new Section 2.01(c) as follows:

“(c) each Australian Dollar Lender agrees, severally and not jointly, to make Australian Dollar Loans to the Australian Dollar Borrower during the Availability Period in the principal amount not to exceed such Australian Dollar Lender’s Australian Dollar Loan Commitment; and”.

SECTION 3.04 Loans . Section 2.02(b) of the Facility Agreement is amended by:

(a) deleting the word “and” before “(ii)”; and

(b) adding the following language after “Tokyo time,”:

“and (iii) each Australian Dollar Lender shall make each Australian Dollar Loan to be made by it hereunder by wire transfer of immediately available funds to such account in Sydney as the Facility Agent may designate not later than 11:00 a.m., Sydney time,”

 

9

 


SECTION 3.05 Borrowing Procedure . Section 2.04 (Borrowing Procedure) of the Facility Agreement is amended by:

(a) deleting the word “or” before “(ii)”;

(b) adding the following language at the end of the second sentence of the first paragraph:

“or (iii) in the case of an Australian Dollar Borrowing, not later than 11:00 a.m., Sydney time, three (3) Business Days before the date of the proposed Borrowing.”; and

(c) deleting sub-paragraph (a) in its entirety and replacing it with the following:

“(a) whether the requested Borrowing is to be a Singapore Dollar Borrowing, a Yen Borrowing or an Australian Dollar Borrowing; provided, however, that the Singapore Dollar Borrower, the Yen Borrower and the Australian Dollar Borrower may request only Singapore Dollar Borrowings, Yen Borrowings and Australian Dollar Borrowings, respectively;”.

SECTION 3.06 Promise to Repay . Section 2.05(a) (Promise to Repay) of the Facility Agreement is amended by:

(a) deleting the word “and” before “(ii)”; and

(b) adding the following language at the end of the second sentence:

“and (iii) to the Facility Agent for the account of each Australian Dollar Lender, the principal amount of each Australian Dollar Loan of such Australian Dollar Lender as provided in Section 2.09.”

SECTION 3.07 Promissory Notes . Section 2.05(c) (Promissory Notes) of the Facility Agreement is amended by:

(a) replacing the word “or” before “D-2” with a “,”; and

(b) inserting the words “ or D-3 ” after “D-2”.

SECTION 3.08 Fees . Section 2.06(c) (Fees) of the Facility Agreement is amended by deleting such sub-paragraph entirely and replacing it with the following:

(c) Payment. All Commitment Fees shall be paid on the dates due, in immediately available funds in US Dollars or any Approved Currency requested by the Facility Agent, to the Facility Agent for distribution, if and as appropriate, among the Lenders. The Facility Set-up Fee with respect to the Singapore Dollar Loans and Yen Loans shall be paid to the Arranger for its own account within five (5) Business

 

10

 


Days from August 31, 2007. The Facility Set-up Fee with respect to the Australian Dollar Loans shall be paid to the Arranger for its own account within five (5) Business Days from January 31, 2008. Once paid, none of the Fees shall be refundable under any circumstances.

SECTION 3.09 Interest on Loans . Section 2.07 (Interest on Loans) of the Facility Agreement is amended by:

(a) re-designating sub-paragraph (b) as sub-paragraph (b)(i);

(b) re-designating sub-paragraph (c) as sub-paragraph (b)(ii);

(c) adding a new sub-paragraph (b)(iii), which shall read:

“(b)(iii) Australian Dollar Loans . Subject to the provisions of Section 2.07(d), the Australian Dollar Loans comprising each Australian Dollar Borrowing shall bear interest (in Australian Dollars) at a rate per annum equal to BBSY for the Interest Period in effect for such Borrowing plus the Applicable Margin in effect from time to time.”; and

(d) adding a new sub-paragraph (c), which shall read:

“(c) Not used.”

SECTION 3.10 Termination of Commitments . Section 2.08 (Termination of Commitments) of the Facility Agreement is amended by:

(a) deleting the third sentence in its entirety and replacing it with the following:

“The Borrowers may, upon ten (10) Business Days’ prior written notice to the Facility Agent, terminate in its entirety (but not in part) any of the Singapore Dollar Loan Commitment, the Yen Loan Commitment or the Australian Dollar Loan Commitment, or all of such Loan Commitments, prior to the end of the Availability Period, subject to the receipt of evidence by the Facility Agent reasonably satisfactory to it demonstrating the availability of cash or alternative funding to the Borrowers (which may include cash or funding available to the Guarantor that the Guarantor can use for such purpose) sufficient to complete construction and equipping of the Internet Data Centers.” ; and

(b) inserting a new sentence immediately following the second sentence, which shall read:

“The Australian Dollar Loan Commitments shall automatically terminate at 5:00 p.m., Sydney time, on the last day of the Availability Period.”

 

11

 


SECTION 3.11 Repayment. Se


 
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