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- S-4 Registration of securities issued in business combination transactions
- 3.1 Certificate of Limited Partnership of Qualitytech, LP
- 3.3 Certificate of Incorporation of QTS Finance Corporation
- 3.4 Bylaws of QTS Finance Corporation
- 3.5 Certificate of Formation of Quality Investment Properties Irving, LLC
- 3.6 Limited Liability Company Agreement of Quality Investment Properties Irving, LLC
- 3.7 Certificate of Amendment of NTT Data USA L.L.C.
- 3.8 First Amended and Restated Limited Liability Company Agreement of Quality Technology Services Jersey City, LLC
- 3.9 Certificate of Formation of Quality Technology Services, N.J., LLC
- 3.10 Limited Liability Company Agreement of Globix Hosting LLC
- 3.11 Amendment No. 1 to the Limited Liability Company Agreement of Globix Hosting, LLC
- 3.12 Certificate of Formation of QTS Investment Properties Princeton, LLC
- 3.13 Limited Liability Company Agreement of QTS Investment Properties East Windsor, LLC
- 3.14 Certificate of Formation of QTS Investment Properties Chicago, LLC
- 3.15 Limited Liability Company Agreement of Q Investment Properties Sunshine, LLC
- 3.16 Certificate of Formation of Quality Investment Properties Gateway, LLC
- 3.17 Limited Liability Company Agreement of Quality Investment Properties Gateway, LLC
- 3.18 Certificate of Formation of Quality Technology Services Lenexa, LLC
- 3.19 First Amended and Restated Limited Liability Company Agreement of Quality Technology Services Lenexa, LLC
- 3.20 Certificate of Formation of Quality Investment Properties Lenexa, LLC
- 3.21 Limited Liability Company Agreement of Quality Investment Properties Lenexa, LLC
- 3.22 Certificate of Formation of Quality Investment Properties Richmond, LLC
- 3.23 Second Amended and Restated Limited Liability Company Agreement of Quality Investment Properties Richmond, LLC
- 3.24 Certificate of Organization of Qae Acquisition Company, LLC
- 3.25 Limited Liability Company Agreement of Qae Acquisition Company, LLC
- 3.26 Certificate of Formation of Quality Technology Services Irving II, LLC
- 3.27 Limited Liability Company Agreement of Quality Technology Services Irving II, LLC
- 3.28 Certificate of Formation of Quality Technology Services, N.J. II, LLC
- 3.29 Limited Liability Company Agreement of Quality Technology Services, N.J. II, LLC
- 3.30 Certificate of Formation of Quality Technology Services Princeton II, LLC
- 3.31 Limited Liability Company Agreement of Quality Technology Services Princeton II, LLC
- 3.32 Certificate of Formation of Quality Technology Services Chicago II, LLC
- 3.33 Limited Liability Company Agreement of Quality Technology Services Chicago II, LLC
- 3.34 Certificate of Formation of Quality Technology Services, LLC
- 3.35 Limited Liability Company Agreement of QTS Management Services, LLC
- 3.36 Amendment No. 1 to the Limited Liability Company Agreement of QTS Management Services, LLC
- 3.37 Certificate of Formation of QTS Critical Facilities Management, LLC
- 3.38 Limited Liability Company Agreement of QTS Critical Facilities Management, LLC
- 3.39 Certificate of Formation of Quality Technology Services Lenexa II, LLC
- 3.40 Limited Liability Company Agreement of Quality Technology Services Lenexa II, LLC
- 3.41 Certificate of Formation of Quality Technology Services Richmond II, LLC
- 3.42 Second Amended and Restated Limited Liability Company Agreement of Quality Technology Services Richmond II, LLC
- 3.43 Certificate of Formation of Quality Investment Properties Irving II, LLC
- 3.44 Limited Liability Company Agreement of Quality Investment Properties Irving II, LLC
- 3.45 Certificate of Formation of Quality Technology Services, Northeast, LLC
- 3.46 First Amended and Restated Limited Liability Company Agreement of Quality Technology Services, Northeast, LLC
- 3.47 Certificate of Formation of Quality Technology Services Holding, LLC
- 3.48 First Amended and Restated Operating Agreement of Quality Technology Services Holding, LLC
- 3.49 Certificate of Formation of Quality Investment Properties Metro, LLC
- 3.50 Fifth Amended and Restated Limited Liability Company Agreement of Quality Investment Properties Metro, LLC
- 3.51 Certificate of Formation of Quality Technology Services Metro II, LLC
- 3.52 Third Amended and Restated Limited Liability Company Agreement of Quality Technology Services Metro II, LLC
- 3.53 Certificate of Formation of Quality Investment Properties, Suwanee, LLC
- 3.54 Third Amended and Restated Limited Liability Company Agreement of Quality Investment Properties, Suwanee, LLC
- 3.55 Certificate of Formation of Quality Technology Services, Suwanee II, LLC
- 3.56 Second Amended and Restated Limited Liability Company Agreement of Quality Technology Services, Suwanee II, LLC
- 3.57 Articles of Organization of QLD Investment Properties Wichita Technology Group, L.L.C
- 3.58 First Amended and Restated Declaration of Operating Agreement of QLD Investment Properties Wichita Technology Group, L.L.C
- 3.59 Certificate of Formation of Quality Technology Services Wichita II, LLC
- 3.60 Limited Liability Company Agreement of Quality Technology Services Wichita II, LLC
- 3.61 Certificate of Formation of Quality Investment Properties Sacramento, LLC
- 3.62 Operating Agreement of Quality Investment Properties Sacramento, LLC
- 3.63 Certificate of Formation of Quality Technology Services Sacramento II, LLC
- 3.64 Operating Agreement of Quality Technology Services Sacramento II, LLC
- 3.65 Certificate of Formation of Quality Investment Properties Santa Clara, LLC
- 3.66 Second Amended and Restated Limited Liability Company Agreement of Quality Investment Properties Santa Clara, LLC
- 3.67 Certificate of Formation of Quality Technology Services Santa Clara II, LLC
- 3.68 Second Amended and Restated Limited Liability Company Agreement of Quality Technology Services Santa Clara II, LLC
- 3.69 Certificate of Formation of Quality Investment Properties Miami, LLC
- 3.70 Limited Liability Company Agreement of Quality Investment Properties Miami, LLC
- 3.71 Certificate of Formation of Quality Technology Services Miami II, LLC
- 3.72 Limited Liability Company Agreement of Quality Technology Services Miami II, LLC
- 4.2 Supplemental Indenture
- 4.4 Form of Certificate of Common Stock of QTS Finance Corporation
- 5.1 Opinion of Hogan Lovells Us LLP Regarding the Validity of the Securities
- 5.2 Opinion of Stinson Leonard Street LLP Regarding the Validity of the Securities
- 5.3 Opinion of Seyfarth Shaw LLP Regarding the Validity of the Securities
- 8.1 Opinion of Hogan Lovells Us LLP Regarding Certain Tax Matters
- 12.1 Statement Regarding Computation of Ratio of Earnings to Fixed Charges
- 21.1 List of Subsidiaries of the Qualitytech, LP
- 25 Statement of Eligibility of the Trustee
- 23.1 Consent of Ernst & Young
- 99.1 Form of Letter of Transmittal, with Respect to the Exchange Offer
- 99.2 Form of Notice of Guaranteed Delivery
- 99.3 Form of Letter to Brokers, Dealers, Commercial Banks, Trust Companies and Other Nominees and Form of Letter to Clients
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Exhibit 3.36
AMENDMENT NO. 1
TO THE
LIMITED LIABILITY COMPANY AGREEMENT
OF
QTS MANAGEMENT SERVICES, LLC
This Amendment No. 1 to the Limited Liability Company Agreement (the "Agreement") of QTS Management Services, LLC (the "Company"), dated as of January __. 2007 (this "Amendment"), is entered into by Quality Technology Services Holding, LLC. a Delaware limited liability company, as the sole equity member.
1. Amendments.
(a) Section 1 of the Agreement is hereby amended to read in its entirety as follows:
"1. Name.
The name of the limited liability company formed hereby is Quality Technology Services, LLC (the "Company"), or such other name as the Member may from time to time hereafter designate."
(b) Other Provisions. The heading of the Agreement and the introductory paragraph of the Agreement are hereby amended to substitute "QTS Management Services, LLC" with "Quality Technology Services. LLC".
2. Binding Effect. This Amendment shall be binding upon, and shall enure to the benefit of, the party hereto and its respective successors and assigns.
3. Agreement in Effect. Except as hereby amended, the Agreement shall remain in full force and effect.
4. Governing Law. This Amendment shall be governed by, and interpreted in accordance with, the laws of the State of Delaware, all rights and remedies being governed by such laws without regard to principles of conflicts of laws.
5. Severability. Each provision of this Amendment shall be considered severable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Amendment that are valid, enforceable and legal.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be duly executed as of the day and year first above written.
QUALITY TECHNOLOGY SERVICES HOLDING, LLC | |||
By: | /s/ Mark D. Waddington | ||
Name: | Mark Waddington | ||
Title: | President |