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Contract library · Data centre leases

Lease delivery dates and late delivery credits

What does the landlord owe if the data hall and power are late?

A data centre lease for AI capacity is a construction contract in all but name: the landlord commits to deliver halls and megawatts by a target date. Rent credits that grow with the delay are the usual remedy.

Randeep Bubbra | Lawyer | Making the next generation of infrastructure financeable · Firm profile ·

What the filed contracts say

ContractWhat the filed wording says
Applied Digital / CoreWeave leaseNo credit for a first grace period, then rising tiers of daily Base Rent credits until the phase is delivered. Every number is redacted.
BXDC form leaseCommercially reasonable efforts to deliver each phase and its power by the target date; daily rent credits after a deadline, at a higher rate after a set number of days.

The filed wording

For each day that the applicable Commencement Date Conditions for the applicable Phase are not satisfied following the applicable Target Commencement Date, [***], Tenant shall be entitled to late delivery credits for such applicable Phase as follows: (i) Tenant shall be entitled to no late delivery credit(s) with regard to the first [***] days following the Target Commencement Date, [***]; … (ii) assuming the applicable Commencement Date Conditions are not yet satisfied, Tenant shall be entitled to a late delivery credit equal to [***] Base Rent for each day between and including the [***] day following the Target Commencement Date, [***], until the earlier to occur of: (a) the date upon which the Commencement Date Conditions have been satisfied, and (b) the [***] day following the Target Commencement Date; … (iv) assuming the applicable Commencement Date Conditions are not yet satisfied, Tenant shall be entitled to a late delivery credit equal to [***] Base Rent for each day between and including the [***] day following the Target Commencement Date, [***], until the date upon which the Commencement Date Conditions for such Phase have been satisfied (the late delivery credits described herein are referred to herein, collectively, as the “Late Delivery Date Credits”).

Redacted in the filed copy: [***] or [*] marks text the filer left out.

Applied Digital–CoreWeave datacenter lease, Building 2 (Ellendale), section 2.2.2.1 · Applied Digital 8-K, Exhibit 10.1

On the deal pages

Financings by the parties to these contracts

The latest debt raised by the companies that signed them, with the terms and the sources on each deal page.

FinancingBorrower or issuerDateAmount
CoreWeave 2.875% convertible senior notes due 2033CoreWeave18 September 2026US$4.2bn
DDTL 5.5CoreWeave10 August 2026US$2.6bn
2032 senior unsecured notesCoreWeave18 June 2026US$1.25bn
2032 EUR senior unsecured notesCoreWeave18 June 2026€2bn
Applied Digital 7.00% senior secured notes due 2031Applied Digital16 June 2026US$1.59bn

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Method

Each extract is quoted from the contract as filed with the SEC, checked against the filed text when it was added; “…” marks words left out. Filers redact commercial terms, so a [***] or [*] is the filer's, not ours. The summaries describe the wording, not how a court would read it, and each contract's defined terms and other clauses can change the effect. General information drawn from public filings. It is not legal advice on any transaction, and using this page does not create a lawyer-client relationship. Views are personal.

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