FR EA

Contract analysis

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Contract analysis / organizational-documents-package.docx
organizational-documents-package.docx
1043-00001 · 7 clauses
High · 1 Medium · 1 Standard · 0
Section 1: Ironhaven Data Centers LLC (Borrower)
Section 1: Ironhaven Data Centers LLC (Borrower) Set forth below is a description of the organizational documents delivered with respect to Ironhaven Data Centers LLC, a Delaware limited liability company and the Borrower under the Credit Agreement. 1.1 Certificate of Formation Enclosed at Tab 1 is a certified copy of the Certificate of Formation of Ironhaven Data Centers LLC, as filed with the Secretary of State of
Section 2: Ironhaven Holdings Inc. (Parent Guarantor)
Section 2: Ironhaven Holdings Inc. (Parent Guarantor) Set forth below is a description of the organizational documents delivered with respect to Ironhaven Holdings Inc., a Delaware corporation and the Parent Guarantor under the Credit Agreement. 2.1 Certificate of Incorporation Enclosed at Tab 4 is a certified copy of the Certificate of Incorporation of Ironhaven Holdings Inc., as filed with the Secretary of State of
Section 3: Ironhaven Frankfurt GmbH (Co-Borrower) Medium
⚑ Assignment / subcontracting
Section 3: Ironhaven Frankfurt GmbH (Co-Borrower) Set forth below is a description of the organizational documents delivered with respect to Ironhaven Frankfurt GmbH, a German Gesellschaft mit beschränkter Haftung and the Co-Borrower under the Credit Agreement in respect of the EUR Sub-Tranche. 3.1 Articles of Association (Gesellschaftsvertrag) Enclosed at Tab 6 is a certified copy of the Articles of Association (Sat
Section 4: Index of Enclosed Documents High
⚑ Non-compete / exclusivity restraint
Section 4: Index of Enclosed Documents The following tabular index lists each document enclosed herewith, organized by Tab number. All documents are enclosed in the physical binder accompanying this letter (or, if transmitted electronically, in the corresponding electronic folder labeled "Organizational Documents — Tabs 1–10"). Note: Page counts are approximate and reflect the number of pages of the relevant document
Section 5: Certifications and Representations
Section 5: Certifications and Representations In connection with the delivery of the organizational documents enclosed herewith, the following certifications and representations are provided for the benefit of the Administrative Agent, the Collateral Agent, and the Lenders: (a) U.S. Organizational Documents (IHDC and Holdings). Jonathan Pryce-Williams, in his capacity as General Counsel and Secretary of each of Ironh
Section 6: Cross-References to Related Deliverables
Section 6: Cross-References to Related Deliverables For the convenience of the Administrative Agent and the Lenders, the following related deliverables are being transmitted separately and are cross-referenced herein for completeness. The Administrative Agent should consult the CP Checklist for the complete list of all conditions precedent deliverables and their current status. (a) Secretary's/Officer's Certificate (
Section 7: Reservations and Qualifications
Section 7: Reservations and Qualifications The Administrative Agent and the Lenders should note the following reservations and qualifications in connection with this transmittal letter: (a) Not a Legal Opinion. This transmittal letter is delivered solely for the purposes of satisfying the conditions precedent to the effectiveness of the Credit Agreement under Section 4.01(c) thereof and transmitting the organizationa