Red Hat Inc Sample Contracts

RECITALS
Stock Purchase Agreement • August 11th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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RECITALS
Stock Purchase Agreement • August 11th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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RED HAT, INC. COMMON STOCK (PAR VALUE $0.0001 PER SHARE)
Underwriting Agreement • July 16th, 1999 • Red Hat Inc • Services-computer programming, data processing, etc. • New York
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BACKGROUND
Asset Purchase Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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BY AND AMONG RED HAT, INC.,
Merger Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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RECITALS
Escrow Agreement • January 21st, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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REGISTRATION RIGHTS AGREEMENT THIS REGISTRATION RIGHTS AGREEMENT (the "AGREEMENT") is entered into as of the 6th day of January, 2000 by and between RED HAT, INC., a Delaware corporation ("RED HAT"), and the Sellers identified on SCHEDULE I hereto...
Registration Rights Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • North Carolina
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RED HAT, INC. AND U.S. BANK NATIONAL ASSOCIATION, as Trustee INDENTURE Dated as of October 7, 2014 0.25% Convertible Senior Notes due 2019
Indenture • October 7th, 2014 • Red Hat Inc • Services-computer programming, data processing, etc. • New York

INDENTURE, dated as of October 7, 2014, between RED HAT, INC., a Delaware corporation, as issuer (the “Company,” as more fully set forth in Section 1.01) and U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee,” as more fully set forth in Section 1.01).

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Exhibit 10.7 RED HAT SOFTWARE, INC. FIRST AMENDED AND RESTATED INVESTOR RIGHTS AGREEMENT This First Amended and Restated Investors Rights Agreement dated as of February 25, 1999 (the "Agreement") is entered into by and among Red Hat Software, Inc., a...
Investor Rights Agreement • June 4th, 1999 • Red Hat Inc • Massachusetts
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RED HAT, INC. NON-QUALIFIED STOCK OPTION AGREEMENT COVER SHEET
Non-Qualified Stock Option Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware
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Insert Dealer Name] [Insert Dealer Address]
Warrant Agreement • October 7th, 2014 • Red Hat Inc • Services-computer programming, data processing, etc.

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the Warrants issued by Red Hat, Inc. (“Company”) to [ ] (“Dealer”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

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NON-QUALIFIED STOCK OPTION AGREEMENT COVER SHEET
Non-Qualified Stock Option Agreement • June 4th, 1999 • Red Hat Inc • Delaware
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INCENTIVE STOCK OPTION AGREEMENT COVER SHEET
Incentive Stock Option Agreement • June 4th, 1999 • Red Hat Inc • Delaware
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GLUSTER, INC.
Stock Option Agreement • December 5th, 2011 • Red Hat Inc • Services-computer programming, data processing, etc. • California

Unless otherwise defined herein, the terms defined in the 2005 Stock Plan (the “Plan”) shall have the same defined meanings in this Stock Option Agreement (the “Option Agreement”).

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AMENDED AND RESTATED AGREEMENT
Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc.
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SOFTWARE DISTRIBUTION AGREEMENT BETWEEN TECH DATA PRODUCT MANAGEMENT, INC. AND RED HAT SOFTWARE, INC.
Software Distribution Agreement • August 5th, 1999 • Red Hat Inc • Services-computer programming, data processing, etc.
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RED HAT, INC. INDEMNIFICATION AGREEMENT
Indemnification Agreement • April 25th, 2012 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Agreement is made as of the day of 200 , by and between Red Hat, Inc., a Delaware corporation (the “Corporation), and (the “Indemnitee”), a director or officer of the Corporation.

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REGISTRATION RIGHTS AGREEMENT
Registration Rights Agreement • May 14th, 2004 • Red Hat Inc • Services-computer programming, data processing, etc. • New York

THIS REGISTRATION RIGHTS AGREEMENT (the “Agreement”) is made and entered into as of January 12, 2004, by and between Red Hat, Inc., a Delaware corporation (the “Company”), and UBS Securities LLC (the “Initial Purchaser”) pursuant to that certain Purchase Agreement, dated as of January 6, 2004 (the “Purchase Agreement”), between the Company and the Initial Purchaser.

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Exhibit 10.15 RED HAT PRODUCT DISTRIBUTION AGREEMENT This is an agreement related to the distribution of certain products of Red Hat Software, Inc. Red Hat Software, Inc., a Delaware corporation ("Red Hat") and FRANK KASPER & ASSOCIATES, INC., a...
Product Distribution Agreement • August 5th, 1999 • Red Hat Inc • Services-computer programming, data processing, etc.
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Insert Dealer Name] [Insert Dealer Address]
Call Option Transaction • October 7th, 2014 • Red Hat Inc • Services-computer programming, data processing, etc.

The purpose of this letter agreement (this “Confirmation”) is to confirm the terms and conditions of the call option transaction entered into between [ ] (“Dealer”) and Red Hat, Inc. (“Counterparty”) as of the Trade Date specified below (the “Transaction”). This letter agreement constitutes a “Confirmation” as referred to in the ISDA Master Agreement specified below. This Confirmation shall replace any previous agreements and serve as the final documentation for the Transaction.

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Z RESEARCH, INC. RESTRICTED STOCK PURCHASE AGREEMENT
Restricted Stock Purchase Agreement • December 5th, 2011 • Red Hat Inc • Services-computer programming, data processing, etc. • California

This Restricted Stock Purchase Agreement (the “Agreement”) is made as of October 30, 2008 by and between Z Research, Inc., a Delaware corporation (the “Company”), and Hitesh Chellani (the “Purchaser”).

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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended and restated Performance Share Unit Agreement (Total Stockholder Return Form) Cover Sheet
Performance Share Unit Agreement • May 29th, 2013 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Agreement evidences the grant by Red Hat, Inc., a Delaware corporation (the “Company”), on the date set forth below (the “Grant Date”) to the person named below (the “Participant”) of a Performance Share Unit Award (the “Award”) of the target number of performance share units listed below (“Target Performance Share Units”) up to the maximum number of performance share units listed below (“Maximum Performance Share Units”) for the Performance Period listed below (the “Performance Period”). Each unit ultimately earned (a “Performance Share Unit”) represents the right to receive one share of the Company’s common stock, $.0001 par value per share (“Common Stock”), or the value of such Share. This Award is subject to the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended and restated, (the “Plan”) and in this Agreement, consisting of this Cover Sheet, the attached Exhibit A and Appendix A thereto.

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BY AND AMONG
Agreement and Plan of Reorganization • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc. • California
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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan Restricted Stock Agreement Cover Sheet
Restricted Stock Agreement • April 25th, 2012 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

Red Hat, Inc., a Delaware corporation, hereby grants as of the date below (the “Grant Date”) to the person named below (the “Participant”) and the Participant hereby accepts, the number of restricted shares (the “Restricted Stock”) listed below of the Company’s common stock, $.0001 par value per share, with a vesting start date (the “Vesting Start Date”) listed below, such grant to be on the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan and in the attached Exhibit A.

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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended Form of Director Deferred Stock Unit Agreement (Vested) Cover Sheet
Director Deferred Stock Unit Agreement • April 24th, 2014 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Agreement evidences the grant by Red Hat, Inc., a Delaware corporation (the “Company”), on the date set forth below (the “Grant Date”) to the person named below (the “Director” or “Participant”) of a Deferred Stock Unit Award (the “Award”) of the number of deferred stock units listed below (the “Deferred Stock Units”). Each unit represents the right to receive one share of the Company’s common stock, $.0001 par value per share (“Common Stock”). This Award is subject to the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended (the “Plan”) and in the Agreement, consisting of this Cover Sheet, the attached Exhibit A and Appendix A thereto.

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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended Restricted Stock Unit Agreement (Non-Executive, Non-U.S. Participants) Cover Sheet
Restricted Stock Unit Agreement • April 25th, 2013 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Restricted Stock Unit Agreement (the “Agreement”) evidences the grant by Red Hat, Inc., a Delaware corporation (the “Company”), on the date set forth below (the “Grant Date”) to the person named below (the “Participant”) of a Restricted Stock Unit Award (the “Award”) covering the number of restricted stock units (each, an “RSU”) listed below, each representing the right to receive the value of one share of the Company’s common stock, $.0001 par value per share, with a vesting start date (the “Vesting Start Date”) listed below, such Award to be subject to the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended (the “Plan”), and in the attached Exhibit A and Appendix A, thereto.

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EXHIBIT A RED HAT, INC. Incentive Stock Option Agreement Terms and Conditions
Incentive Stock Option Agreement • April 29th, 2011 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware
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AGREEMENT
Shareholder Agreement • June 4th, 1999 • Red Hat Inc
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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan Director Deferred Stock Unit Agreement (With Vesting) Cover Sheet
Director Deferred Stock Unit Agreement • May 16th, 2005 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

Red Hat, Inc., a Delaware corporation, hereby grants as of the date below (the “Grant Date”) to the person named below (the “Director” or “Participant”) and the Director hereby accepts, the number of deferred stock units (the “Deferred Stock Units”) listed below with respect to the Company’s common stock, $.0001 par value per share with a vesting start date (the “Vesting Start Date”) listed below, such grant to be on the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan and in the attached Exhibit A.

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AGREEMENT AND PLAN OF MERGER by and among INTERNATIONAL BUSINESS MACHINES CORPORATION SOCRATES ACQUISITION CORP. and RED HAT, INC. Dated as of October 28, 2018
Merger Agreement • October 29th, 2018 • Red Hat Inc • Services-computer programming, data processing, etc. • New York

AGREEMENT AND PLAN OF MERGER dated as of October 28, 2018 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), SOCRATES ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and RED HAT, INC., a Delaware corporation (the “Company”).

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INCENTIVE STOCK OPTION AGREEMENT COVER SHEET
Incentive Stock Option Agreement • June 4th, 1999 • Red Hat Inc • Delaware
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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan Non-Qualified Stock Option Agreement for Executive Employees Cover Sheet
Non-Qualified Stock Option Agreement • April 25th, 2012 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

Red Hat, Inc., a Delaware corporation, hereby grants as of the date below (the “Grant Date”) to the person named below (the “Optionee”) and the Optionee hereby accepts, an option to purchase the number of shares (the “Option Shares”) listed below of the Company’s common stock, $.0001 par value per share, at the exercise price per share and with a vesting start date (the “Vesting Start Date”) listed below, such option to be on the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan and in the attached Exhibit A.

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OFFICE LEASE WITH
Office Lease • June 4th, 1999 • Red Hat Inc
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RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended Restricted Stock Unit Agreement (Non-Executive US Participants) Cover Sheet
Restricted Stock Unit Agreement • April 25th, 2013 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Restricted Stock Unit Agreement (the “Agreement”) evidences the grant by Red Hat, Inc., a Delaware corporation (the “Company”), on the date of grant set forth below (the “Grant Date”) to the person named below (the “Participant”) of a Restricted Stock Unit Award (the “Award”) covering the number of restricted stock units (each, an “RSU”) listed below, each representing the right to receive the value of one share of the Company’s common stock, $.0001 par value per share, with a vesting start date (the “Vesting Start Date”) listed below, such Award to be subject to the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan, as amended (the “Plan”), and in the attached Exhibit A and Appendix A, thereto.

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AMENDED AND RESTATED AGREEMENT
Agreement • January 14th, 2000 • Red Hat Inc • Services-computer programming, data processing, etc.
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