EX-3.9 9 v399489_ex3-9.htm CERTIFICATE OF FORMATION OF QUALITY TECHNOLOGY SERVICES, N.J., LLC

Exhibit 3.9

	*State of Delaware*
	*Secretary of State*
	*Division of Corporations*
	*Delivered 02:03 PM 06/01/2006*
	*FILED 01:48 PM 06/01/2006*
	*SRV 060531194 – 4168108 FILE*

CERTIFICATE OF FORMATION

GLOBIX HOSTING, LLC

This Certificate of Formation of Globix Hosting, LLC (the “Limited Liability Company”), dated May 31, 2006, is being duly executed and filed by Bridget Foley, as an authorized person to form a limited liability company under the Delaware Limited Liability Company Act (6 Del. C. § 18-101 et seq.).

The undersigned, being duly authorized to execute and file this Certificate of Formation, hereby certifies that:

FIRST: The name of the Limited Liability Company is Globix Hosting, LLC.

SECOND: The address of the registered office and the name and the address of the registered agent of the limited liability company required to be maintained by Section 18-104 of the Delaware Limited Liability Company Act are Corporation Service Company, 2711 Centerville Road, Suite 400, County of New Castle, Delaware 19808.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate of Formation as of the day and year first written above.

	/s/ Bridget Foley
	Bridget Foley
	Authorized Person

AMENDED AND RESTATED CERTIFICATE OF FORMATION

GLOBIX HOSTING, LLC

THIS Amended and Restated Certificate of Formation of Globix Hosting, LLC (the “Company”), dated January 24, 2007, has been duly executed and is being filed by the undersigned in accordance with the provisions of 6 Del. C. §18-208, to amend and restate the original Certificate of Formation of the Company, which was filed on June 1, 2006, with the Secretary of State of the State of Delaware, to form a limited liability company under the Delaware Limited Liability Company Act (6 Del. C. §18-101, et seq.) (the “Certificate”),

The Certificate is hereby amended and restated in its entirety to read as follows:

1. Name. The name of the limited liability company continued hereby is Quality Technology Services, N.J., LLC.

2. Registered Office. The address of the registered office of the Company in the State of Delaware is c/o Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808.

3. Registered Agent. The name and address of the registered agent for service of process on the Company in the State of Delaware are Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, New Castle County, Delaware 19808.

IN WITNESS WHEREOF, the undersigned has executed this Amended and Restated Certificate of Formation as of the date first-above written,

	QUALITY TECHNOLOGY SERVICES
	HOLDING, LLC,
	Authorized Person

	By:	/s/ Chad L. Williams
		Name: Chad L. Williams
		Title: CEO

	*State of Delaware*
	*Secretary of State*
	*Division of Corporations*
	*Delivered 05:29 PM 01/24/2007*
	*FILED 05:29 PM 01/24/2007*
	*SRV 070082350 - 4168108 FILE*

CORRECTED

AMENDED AND RESTATED CERTIFICATE OF FORMATION

QUALITY TECHNOLOGY SERVICES, N.J., LLC

(FORMERLY KNOWN AS GLOBIX HOSTING, LLC)

This Corrected Amended and Restated Certificate of Formation of Quality Technology Services, N.J., LLC (formerly known as Globix Hosting, LLC) (the “Company”), dated as of March 11, 2008, has been duly executed and is being filed by the undersigned, as an authorized person of the Company, to correct the Amended and Restated Certificate of Formation of the Company, which was filed with the Secretary of State of the State of Delaware on January 24, 2007 (the “Certificate”), as permitted by 6 Del. C. § 18-211.

1. The inaccuracy to be corrected in the Certificate is that the Certificate Was executed by the incorrect authorized person on behalf of the Company.

2. The Certificate is hereby corrected in its entirety as follows:

	*State of Delaware*
	*Secretary of State*
	*Division of Corporations*
	*Delivered 09:30 AM 03/12/2008*
	*FILED 09:30 AM 03/12/2008*
	*SRV 080306956 – 4168108 FILE*

AMENDED AND RESTATED CERTIFICATE OF FORMATION

GLOBIX HOSTING, LLC

THIS Amended and Restated Certificate of Formation of Globix Hosting, LLC (the “Company”), dated January 24, 2007, has been duly executed and is being filed by the undersigned in accordance with the provisions of 6 Del. C. §13-208, to amend and restate the original Certificate of Formation of the Company, which was filed on June 1, 2006, with the Secretary of State of the State of Delaware, to form a limited liability company under the Delaware Limited Liability Company Act (6 Del. C. §18-101, et seq.) (the “Certificate”).

The Certificate is hereby amended and restated in its entirety to read as follows:

1. Name. The name of the limited liability company continued hereby is Quality Technology Services, N.J., LLC.

IN WITNESS WHEREOF, the undersigned has executed this Amended and Restated Certificate of Formation as of the date first-above written.

	QUALITY TECHNOLOGY SERVICES,
	NORTHEAST, LLC,
	Authorized Person

	By:	Quality Technology Services Holding, LLC
		its sole member

	By:	/s/ Chad L. Williams
		Name: Chad L. Williams
		Title: Manager

	By:
		Name: Mark Waddington
		Title: Manager

AMENDED AND RESTATED CERTIFICATE OF FORMATION

GLOBIX HOSTING, LLC

The Certificate is hereby amended and restated in its entirety to read as follows:

1. Name. The name of the limited liability company continued hereby is Quality Technology Services, N.J., LLC.

IN WITNESS WHEREOF, the undersigned has executed this Amended and Restated Certificate of Formation as of the date first-above written.

	QUALITY TECHNOLOGY SERVICES,
	NORTHEAST, LLC,
	Authorized Person

	By:	Quality Technology Services Holding, LLC
		its sole member

	By:
		Name: Chad L. Williams
		Title: Manager

	By:	/s/ Mark Waddington
		Name: Mark Waddington
		Title: Manager