Assets of Texas Data Center Services Business

Sale of assets of Internap Technology Solutions Inc. ("Seller") is engaged in the business of high-performance data center services including colocation, cloud and network. Seller operates a data center at a facility located at 1301 Fannin Street, Houston, Texas 77002 within the Leased Real Property, which is defined as the “Premises” in the Lease (the “Houston Data Center”). The sale assets described as below:

• All Tangible Personal Property located at the Houston Data Center and used in connection with the Houston Colocation Operations as conducted by Seller;
• (1) all rights under all Contracts, inclusive of all applicable sales orders, used or held for use in respect of the Houston Data Center to which Seller is a party that constitute Contracts with Customers that receive services from Seller only at the Houston Data Center, and (2) all rights under the Buyer Splits from the Multi-Site Customers obtained prior to the Closing Date;
• All prepaid expenses (other than prepaid Income Taxes) with respect to the Houston Data Center to the extent that Seller receives an appropriate credit with respect thereto in the Buyer Prorated Amount;
• All right, title and interest of Seller to the computer hardware and software, and telecommunications and information technology systems, the computer hardware of which is located at the Houston Data Center and the software, and telecommunications and information technology systems of which are used exclusively at the Houston Data Center;
• To the extent legally assignable, all Permits used or held for use exclusively in connection with the operation of the Houston Data Center;
• All of Seller’s rights under or pursuant to warranties, indemnities, guarantees and similar rights against third parties to the extent related to any Acquired Assets or Assumed Liabilities;
• All accounts receivable and other rights to payment arising from the operation of the Houston Data Center or the Acquired Assets with respect to or accruing during any time period after the Effective Time;
• All of Seller’s right, title and interest as tenant under the Lease and pursuant to the terms set forth in the Novation Agreement of the Lease Agreement;
• All (or the applicable portions thereof) books, records, ledgers, files, documents, correspondence, lists, specifications, surveys, drawings, advertising and promotional materials, studies, supplier quotes, root cause analysis reports, corrective action reports, Tax Returns (but only to the extent they relate to the Houston Data Center and the Acquired Assets, but for the avoidance of doubt, excluding any Tax Returns with respect to Income Taxes), reports and other materials to the extent that they are used or held for use in connection with the Houston Data Center; and
• All of Seller’s local phone numbers and number blocks used in connection with the Houston Data Center.