(State or other jurisdiction of incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
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(Address of principal executive offices) |
(Zip Code) |
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Title of each class |
Trading symbol(s) |
Name of each exchange on which registered | ||
eries J Cumulative Redeemable Preferred Stock |
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Digital Realty Trust, Inc.: | Emerging growth company | |
Digital Realty Trust, L.P.: | Emerging growth company |
Item 5.03. |
Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year |
• |
Update the requirements for stockholder nominations of directors and proposal of business for consideration at meetings of stockholders, including with respect to Rule 14a-19 |
• |
Add a requirement that any stockholder submitting a director nomination notice make a representation as to whether such stockholder intends to comply with Rule 14a-19 14a-19 |
• |
Require that a stockholder directly or indirectly soliciting proxies from other stockholders use a proxy card color other than white; and |
• |
Remove the previous requirement that stockholders meet certain ownership thresholds in order to be eligible to submit a proposal to amend the bylaws. Effective immediately, stockholders may amend the bylaws by the affirmative vote of a majority of all votes entitled to be cast pursuant to a proposal properly submitted for approval at a meeting of stockholders. |
Item 9.01. |
Financial Statements and Exhibits. |
Exhibit No. |
Description | |
3.1 | Ninth Amended and Restated Bylaws of Digital Realty Trust, Inc., effective March 30, 2023. | |
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
Digital Realty Trust, Inc. | ||
By: | /s/ JEANNIE LEE | |
Jeannie Lee | ||
Executive Vice President, General Counsel and Secretary | ||
Digital Realty Trust, L.P. | ||
By: | Digital Realty Trust, Inc. | |
Its general partner | ||
By: | /s/ JEANNIE LEE | |
Jeannie Lee | ||
Executive Vice President, General Counsel and Secretary |