presentation and surrender of this Permanent Global Certificate, the amount of CHF 270,000,000 (270,000,000 Swiss francs), plus interest at a rate of 0.55 percent, in accordance with the Bond Purchase Agreement (the Agreement) and pursuant to the Terms and Conditions of the Notes (the Conditions of the Notes) included as Schedule II thereto, concluded as of July 13, 2021 between the Issuer, Digitial Realty Trust, Inc., Digital Realty Trust, L.P., UBS AG on behalf of Deutsche Bank Aktiengesellschaft, acting through Deutsche Bank AG, Zurich Branch, Credit Suisse AG and UBS AG. This Permanent Global Certificate has been delivered as part of an arrangement that results in the issuance of a debt obligation in registered form for United States federal income tax purposes. Capitalized terms used herein but not defined shall have the terms ascribed to them in the Conditions of the Notes.
Pursuant to the Paying Agency Agreement dated as of July 13, 2021, (the Paying Agency Agreement), among the Issuer, Digital Realty Trust, Inc., Digital Realty Trust, L.P., and UBS AG as principal paying agent (the Principal Paying Agent), the Principal Paying Agent undertakes to deposit this Permanent Global Certificate for the entire duration of the Notes and until their complete redemption with SIX SIS Ltd, Baslerstrasse 100, CH-4600 Olten, Switzerland (hereinafter referred to as SIX SIS) as recognized intermediary for such purposes by SIX Swiss Exchange Ltd except as provided in paragraph(c) of Condition 1 of the Conditions of the Notes.
Except as provided in paragraph(c) of Condition 1 of Conditions of the Notes, once the Permanent Global Certificate is deposited with SIX SIS, the Notes shall constitute intermediated securities (Bucheffekten) in accordance with the provisions of the Swiss Federal Intermediated Securities Act (Bucheffektengesetz) for the entire duration of the Notes. On behalf of the Issuer, SIX SIS shall maintain records of the number of Notes held through each participant in SIX SIS for the entire duration of the Notes and until their complete redemption, except as provided in paragraph (c) of Condition 1, and the Notes may only be transferred by the entry of the transferred Notes in a securities account of the transferee.
The records of SIX SIS will determine the number of Notes held through each participant in SIX SIS. In respect of Notes held in the form of intermediated securities the Holders will be the persons holding the Notes in a securities account (Effektenkonto).
Neither the Issuer nor the Holder shall at any time have the right to effect or demand the conversion of the Permanent Global Certificate into, or the delivery of uncertificated securities (Wertrechte) or individually certificated securities (Wertpapiere).
To the extent that SIX SIS is no longer able act as depositary, the Principal Paying Agent, in consultation with the Issuer, will deposit the Notes with another recognized depositary in accordance with the provisions of the Swiss Federal Intermediated Securities Act (Bucheffektengesetz) and such depositary shall be subject to all the obligations and requirements that apply to SIX SIS in respect of the Notes.
Individually certificated securities shall be issued only when no such depositary can be procured, and if they are to be issued, such securities will not be issued in bearer form, but exclusively in registered form such that the Notes qualify as being in registered form for United States federal income tax purposes whereby, inter alia, (i) the Noteholders of the individually certificated securities shall be registered in a register (the Register) to be established and maintained by a registrar (the Registrar) appointed by the Issuer and acting on its behalf after consultation with the Principal Paying Agent and duly notified to the Noteholders in accordance with the Conditions of the Notes, (ii) no transfer of the individually