DIGITAL REALTY TRUST, INC. (NYSE:DLR) Files An 8-K Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Item 9.01 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

On and effective as of March 2, 2018, the Board of Directors of Digital Realty Trust, Inc. (the “Company”) adopted the Seventh Amended and Restated Bylaws (the "Amended Bylaws") to, among other things, update Article XV “Amendment of Bylaws” to permit the stockholders of the Company to amend the Company’s bylaws by the affirmative vote of the holders of a majority of the outstanding shares of the Company’s common stock to a binding proposal properly submitted by any stockholder or group of up to ten stockholders holding at least 3% of the outstanding shares of the Company’s common stock for at least three years (the “Ownership Threshold”). A stockholder proposal submitted under the Amended Bylaws may not, without the approval of the Board of Directors, alter or repeal (i) Article XII of the bylaws, which provides for indemnification of directors and officers of the Company, or (ii) Article XV of the bylaws, which addresses procedures for amendment of the bylaws.

The Board of Directors believes the Ownership Threshold enables stockholders who hold a meaningful stake in the Company for more than a brief period of time to propose binding amendments to the Company’s bylaws. In that regard, the Board of Directors considered that, based on the public filings made by stockholders as of December 31, 2017, as of such date (i) five stockholders held more than 3% (representing more than 42% of outstanding shares in the aggregate) of the Company’s outstanding common stock and (ii) 47 stockholders held more than 0.3% (representing approximately 79% of outstanding shares in the aggregate) of the Company’s common stock.

The foregoing summary is qualified in its entirety by reference to the full text of the Amended Bylaws, a copy of which is attached as Exhibit 3.1 hereto and incorporated herein by reference.

(d) Exhibits

Digital Realty Trust, Inc. Exhibit
EX-3.1 2 ex31.htm EXHIBIT 3.1 Exhibit DIGITAL REALTY TRUST,…
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About DIGITAL REALTY TRUST, INC. (NYSE:DLR)

Digital Realty Trust, Inc. is a real estate investment trust (REIT). The Company owns, acquires, develops and manages technology-related real estate. The Company is focused on providing data center and colocation solutions for domestic and international tenants across a range of industry verticals ranging from financial services, cloud and information technology services, to manufacturing, energy, healthcare and consumer products. The Company’s types of properties within its portfolio include corporate data centers; Internet gateway data centers, which serve as hubs for Internet and data communications within and between metropolitan areas, and office and other non-data center space. The Company’s portfolio consists of approximately 140 operating properties. The Company owns approximately 98.1% common general partnership interest in Digital Realty Trust, L.P.