IRON MOUNTAIN INC - FORM 8-K - EX-10.1

Attached files

file	filename
EX-10.2 - EX-10.2 - IRON MOUNTAIN INC	a16-14176_1ex10d2.htm
8-K - 8-K - IRON MOUNTAIN INC	a16-14176_18k.htm

Exhibit 10.1

EXECUTION VERSION

COMMITMENT INCREASE SUPPLEMENT

COMMITMENT INCREASE SUPPLEMENT, dated June 24, 2016 (this “Supplement”), to the Credit Agreement dated as of July 2, 2015 (as further amended, supplemented or otherwise modified from time to time, the “Agreement”), among Iron Mountain Information Management, LLC (the “Company”), Iron Mountain Incorporated (the “Parent”), the other Borrowers from time to time party thereto, the lenders parties thereto (the “Lenders”), JPMorgan Chase Bank, N.A., as Administrative Agent (the “Administrative Agent”), JPMorgan Chase Bank, N.A., Toronto Branch, as Canadian Administrative Agent, and the other parties thereto.

W I T N E S S E T H :

WHEREAS, pursuant to Section 2.01(b) of the Agreement, the Company has the right, subject to the terms and conditions thereof, to effectuate from time to time an increase in the aggregate Revolving Commitments under the Agreement by requesting one or more Lenders to increase the amount of its Revolving Commitment;

WHEREAS, the Company has given notice to the Agent of its intention to increase the aggregate Revolving Commitments pursuant to such Section 2.01(b); and

WHEREAS, pursuant to Section 2.01(b) of the Agreement, each of the undersigned Increasing Lenders (as defined in the Agreement) now desires to increase the amount of its Revolving Commitment under the Agreement by executing and delivering to the Company and the Agent a supplement to the Agreement in substantially the form of this Supplement;

NOW THEREFORE, each of the parties hereto hereby agrees as follows:

Each of the undersigned Increasing Lenders agrees, subject to the terms and conditions of the Agreement, that on the date this Supplement is accepted by the Company and acknowledged by the Agent it shall, as applicable, have its:

(a) US$ Commitment increased by the amount set forth on Schedule I hereto under the heading “US$ Commitment Increase”, thereby making its total US$ Commitment equal to the amount set forth on Schedule I hereto under the heading “Total US$ Commitment”; and/or

(b) Multi-Currency Commitment increased by the amount set forth on Schedule I hereto under the heading “Multi-Currency Commitment Increase”, thereby making its total Multi-Currency Commitment equal to the amount set forth on Schedule I hereto under the heading “Total Multi-Currency Commitment”;

thus making the aggregate amount of its total Revolving Commitments equal to the amount set forth on Schedule I hereto under the heading “Total Revolving Commitment”.

Pursuant to Section 2.01(b), upon the effectiveness of this Supplement, Schedule I of the Agreement shall, without further action, be deemed to have been amended

appropriately to reflect the increased Revolving Commitments of the Increasing Lenders as set forth herein.

The Company hereby represents and warrants that no Default or Event of Default has occurred and is continuing on and as of the date hereof.

Terms defined in the Agreement shall have their defined meanings when used herein.

This Supplement shall be governed by, and construed in accordance with, the laws of the State of New York.

This Supplement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same document.

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