International Business Machines Corp Sample Contracts
Exhibit 4(c) FIRST SUPPLEMENTAL INDENTURE dated as of December 15, 1995, between INTERNATIONAL BUSINESS MACHINES CORPORATION, a corporation duly organized and existing under the laws of New York (herein called the "Company") having its principal...Supplemental Indenture • December 18th, 1995 • International Business Machines Corp • Computer & office equipment • New York
Standard Contracts
SHAREHOLDER AGREEMENT, dated as of December 18, 1997, among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation ("Parent"), HOOSIER ACQUISITION CORP., an Indiana corporation and a wholly owned subsidiary of Parent ("Sub"), and the...Shareholder Agreement • December 23rd, 1997 • International Business Machines Corp • Computer & office equipment • New York
EXHIBIT (1)(a) INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities UNDERWRITING AGREEMENT New York, New York To the Representatives named in Schedule I hereto of the Underwriters named in Schedule II hereto Dear Sirs: International Business...Underwriting Agreement • January 13th, 1999 • International Business Machines Corp • Computer & office equipment • New York
INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities $600,000,000 5.375% Notes due 2009 UNDERWRITING AGREEMENTUnderwriting Agreement • January 29th, 1999 • International Business Machines Corp • Computer & office equipment • New York
CONFORMED COPY STOCKHOLDER AGREEMENT dated as of October 29, 2001 (this "Agreement"), between INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation ("Parent") and each of THE INDIVIDUALS AND OTHER PARTIES LISTED ON SCHEDULE A ATTACHED...Stockholder Agreement • November 8th, 2001 • International Business Machines Corp • Computer & office equipment • Delaware
AGENCY AGREEMENT JUNE 22, 2000Agency Agreement • June 28th, 2000 • International Business Machines Corp • Computer & office equipment • New York
CONFORMED COPY AGREEMENT AND PLAN OF MERGERMerger Agreement • November 8th, 2001 • International Business Machines Corp • Computer & office equipment • Delaware
EXHIBIT (1)(a) INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities UNDERWRITING AGREEMENT New York, New York To the Representatives named in Schedule I hereto of the Underwriters named in Schedule II hereto Dear Sirs: International Business...Underwriting Agreement • May 15th, 2000 • International Business Machines Corp • Computer & office equipment • New York
AmongMerger Agreement • May 1st, 2001 • International Business Machines Corp • Computer & office equipment • Delaware
ARTICLE 1 DEFINITIONS AND INTERPRETATIONSupport Agreement • April 5th, 2000 • International Business Machines Corp • Computer & office equipment • Ontario
EXHIBIT 1 AGREEMENT AND PLAN OF MERGER Dated as of September 12, 1997Merger Agreement • September 22nd, 1997 • International Business Machines Corp • Computer & office equipment • Delaware
Exhibit 1 INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities $1,100,000,000 Floating Rate Notes due 2004 UNDERWRITING AGREEMENTUnderwriting Agreement • September 9th, 2002 • International Business Machines Corp • Computer & office equipment • New York
RECITALSRegistration Rights Agreement • September 12th, 2000 • International Business Machines Corp • Computer & office equipment • New York
organized, validly existing and in good standing under the laws of its jurisdiction of organization and (ii) has the requisite corporate, company or partnership power and authority to execute and deliver this Agreement, to consummate the transactions...Stockholders Agreement • May 1st, 2001 • International Business Machines Corp • Computer & office equipment • Delaware
AmongMerger Agreement • February 2nd, 1996 • International Business Machines Corp • Computer & office equipment • New York
EXHIBIT 1 - SELLING AGENT AGREEMENT International Business Machines CorporationSelling Agent Agreement • July 2nd, 2002 • International Business Machines Corp • Computer & office equipment • New York
Exhibit 3 INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities $600,000,000 4.25% Notes due 2009 UNDERWRITING AGREEMENTUnderwriting Agreement • September 9th, 2002 • International Business Machines Corp • Computer & office equipment • New York
INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities $1,000,000,000 4.000% Notes due 2025 $750,000,000 4.150% Notes due 2027 $750,000,000 4.400% Notes due 2032 $750,000,000 4.900% Notes due 2052 UNDERWRITING AGREEMENTUnderwriting Agreement • July 26th, 2022 • International Business Machines Corp • Computer & office equipment • New York
It is understood that acceptance of this contract and other similar contracts is in the Company’s sole discretion and, without limiting the foregoing, need not be on a first come, first served basis. If this contract is acceptable to the Company, it is required that the Company sign the form of acceptance below and mail or deliver one of the counterparts hereof to the undersigned at its address set forth below. This will become a binding contract between the Company and the undersigned, as of the date first above written, when such counterpart is so mailed or delivered.
IBM INTERNATIONAL CAPITAL PTE. LTD., INTERNATIONAL BUSINESS MACHINES CORPORATION, as Guarantor and THE BANK OF NEW YORK MELLON, as Trustee INDENTURE Dated as of February 2, 2024 Providing for the Issuance of Debt Securities in Series Reconciliation...Indenture • February 2nd, 2024 • International Business Machines Corp • Computer & office equipment • New York
EXHIBIT XI AMENDMENT TO EMPLOYMENT AGREEMENT --------------------------------- Agreement made and entered into effective as of the first day of January, 1996 by and between International Business Machines Corporation (the "Company"), a New York...Employment Agreement • March 26th, 1996 • International Business Machines Corp • Computer & office equipment
Exhibit 10.2 CO-OPERATION AGREEMENT THIS AGREEMENT made as of the 14th day of March, 2000. BETWEEN: INTERNATIONAL BUSINESS MACHINES CORPORATION, a corporation incorporated under the laws of the State of New York ("IBM Corp")Co-Operation Agreement • March 15th, 2000 • International Business Machines Corp • Computer & office equipment
AGREEMENT AND PLAN OF MERGER Among INTERNATIONAL BUSINESS MACHINES CORPORATION AMAROO ACQUISITION CORP. and UNICA CORPORATION Dated as of August 12, 2010Merger Agreement • August 23rd, 2010 • International Business Machines Corp • Computer & office equipment • Delaware
AGREEMENT AND PLAN OF MERGER dated as of August 12, 2010 (this “Agreement”), by and among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“Parent”), AMAROO ACQUISITION CORP., a Delaware corporation and a wholly owned subsidiary of Parent (“Sub”), and UNICA CORPORATION, a Delaware corporation (the “Company”).
NONCOMPETITION AGREEMENTNoncompetition Agreement • February 28th, 2023 • International Business Machines Corp • Computer & office equipment • New York
In recognition of your critical role as a senior executive with International Business Machines Corporation (“IBM”) and your access to IBM Confidential Information and/or IBM customer goodwill by virtue of your position, your membership on the Acceleration Team, and/or your appointment as an IBM Fellow; and/or as mutually agreed upon consideration for your promotion or hiring as a senior executive, including your eligibility for awards to be granted to you under an IBM Long-Term Performance Plan (which constitutes independent consideration for Paragraph 1(e) herein); and/or for other good and valuable consideration, you (“Employee” or “you”) agree to the terms and conditions herein of this Noncompetition Agreement (the “Agreement”). Capitalized terms not otherwise defined shall have the meaning ascribed to them in Paragraph 2.
364-DAY CREDIT AGREEMENT among INTERNATIONAL BUSINESS MACHINES CORPORATION and IBM CREDIT LLC, as Borrowers The Several Lenders from Time to Time Parties Hereto JPMORGAN CHASE BANK, N.A., as Administrative Agent BNP PARIBAS, CITIBANK, N.A., ROYAL BANK...364-Day Credit Agreement • July 19th, 2019 • International Business Machines Corp • Computer & office equipment • New York
Exhibit 10.4 EXCHANGE TRUST AGREEMENT AGREEMENT made as of the 4th day of April, 2000. AMONG: INTERNATIONAL BUSINESS MACHINES CORPORATION, a corporation existing under the laws of the State of New York ("IBM")Exchange Trust Agreement • April 5th, 2000 • International Business Machines Corp • Computer & office equipment • Ontario
International Business Machines Corporation (“IBM”) Equity Award AgreementEquity Award Agreement • July 31st, 2013 • International Business Machines Corp • Computer & office equipment • New York
Purpose The purpose of this Award is to retain selected employees and executives. You recognize that this Award represents a potentially significant benefit to you and is awarded for the purpose stated here.
Agreement Number: Zion01Confidentiality Agreement • October 14th, 2008 • International Business Machines Corp • Computer & office equipment
ILOG SA (ILOG) and International Business Machines Corporation (IBM) agree that the following terms and conditions apply when one of the parties (Discloser) discloses Confidential Information to the other (Recipient) under this confidentiality agreement (the “Agreement”). ILOG IBM agree that our mutual objective under this Agreement is to provide appropriate protection for Confidential Information while maintaining our ability to conduct our respective business activities. The information to be disclosed under this Agreement is in connection with the proposed business transactions including discussions relating to intellectual property licensing, asset acquisition or other strategic arrangements including financial, business, legal, accounting, commercial and merchandising plan information, proposed term sheets and other material relating to debt and corporate structure (“Confidential Information”).
LETTER AGREEMENTLetter Agreement • October 14th, 2008 • International Business Machines Corp • Computer & office equipment
In connection with a potential proposal for an acquisition of ILOG S.A. (“Target”) by International Business Machines Corporation or one of its subsidiaries (“Acquirer”) at a proposed transaction value equal to 10 Euro per outstanding ordinary share of Target, Target has expressed its willingness to work in good faith towards such a proposal and stated that it would like such a proposal to lead to a transaction with Acquirer and that it is not currently in discussions with any other party regarding a possible transaction. Accordingly, in order that Target and Acquirer can work towards such a proposal and such other terms and conditions as the Target and Acquirer may agree upon, Target and Acquirer hereby agree as follows:
International Business Machines Corporation (“IBM”) Equity Award AgreementEquity Award Agreement • April 24th, 2018 • International Business Machines Corp • Computer & office equipment • New York
Purpose The purpose of this Award is to retain selected executives. You recognize that this Award represents a potentially significant benefit to you and is awarded for the purpose stated here.
5-YEAR CREDIT AGREEMENT among INTERNATIONAL BUSINESS MACHINES CORPORATION The Subsidiary Borrowers Parties Hereto The Several Lenders from Time to Time Parties Hereto JPMORGAN CHASE BANK, N.A., as Administrative Agent BARCLAYS CAPITAL, BNP PARIBAS AND...Credit Agreement • November 14th, 2011 • International Business Machines Corp • Computer & office equipment • New York
CREDIT AGREEMENT, dated as of November 10, 2011, among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“IBM”), each Subsidiary Borrower (as hereinafter defined), the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”), BARCLAYS CAPITAL, BNP PARIBAS AND CITIBANK, N.A., as syndication agents (in such capacity, the “Syndication Agents”) and DEUTSCHE BANK SECURITIES INC., HSBC BANK USA, NATIONAL ASSOCIATION, MITSUBISHI UFJ FINANCIAL GROUP, INC., MIZUHO CORPORATE BANK, LTD., ROYAL BANK OF CANADA AND WELLS FARGO BANK, NATIONAL ASSOCIATION, as documentation agents (in such capacity, the “Documentation Agents”).
Equity Award Agreement Plan [IBM 1999 Long-Term Performance Plan (the “Plan”)] Award Type [Stock Options, Restricted Stock, Restricted Stock Units, Cash- Settled Restricted Stock Units, SARs]Equity Award Agreement • October 30th, 2018 • International Business Machines Corp • Computer & office equipment • New York
Purpose The purpose of this Award is to retain selected employees and executives. You recognize that this Award represents a potentially significant benefit to you and is awarded for the purpose stated here.
Stock Option Award Agreement Under the IBM 1999 Long-Term Performance Plan (the “Plan”) Identification Name: Sample Home Country & Employee ID: United States (USA) SAMPStock Option Award Agreement • November 1st, 2004 • International Business Machines Corp • Computer & office equipment
Purpose The purpose of this grant is to retain selected executives and employees whose skills and talents are important to IBM’s operations and to align their interests with those of IBM’s stockholders. You recognize that these options represent a potentially significant benefit to you and are granted for the purposes stated here.
EXHIBIT 1 ASSET PURCHASE AGREEMENT THIS AGREEMENT, dated as of July 31, 2000, by and among Riverdeep Group plc, an Irish corporation ("Buyer"), and Edmark Corporation , a Washington corporation ("Seller"); and IBM for limited purposes as indicated...Asset Purchase Agreement • September 12th, 2000 • International Business Machines Corp • Computer & office equipment • New York
NONCOMPETITION AGREEMENTNoncompetition Agreement • July 26th, 2016 • International Business Machines Corp • Computer & office equipment • New York
In recognition of the critical role that you will play as a senior executive with International Business Machines Corporation (“IBM”) and in recognition of your access to IBM Confidential Information by virtue of this position, and further as consideration for your being hired as a senior executive, any awards to be granted to you under an International Business Machines Corporation Long-Term Performance Plan (“LTPP”), and/or for other good and valuable consideration, you (“Employee” or “you”) agree to the terms and conditions of this Noncompetition Agreement (this “Agreement”) as follows:
RECITALSFive-Year Credit Agreement • July 1st, 2022 • International Business Machines Corp • Computer & office equipment • New York
FIVE-YEAR CREDIT AGREEMENT, dated as of June 22, 2021, (as amended by Amendment No. 1 to Five-Year Credit Agreement, dated as of June 30, 2022), among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation (“IBM”), each Subsidiary Borrower (as hereinafter defined), the several banks and other financial institutions from time to time parties to this Agreement (the “Lenders”), JPMORGAN CHASE BANK, N.A., as administrative agent for the Lenders hereunder (in such capacity, the “Administrative Agent”), BNP PARIBAS, CITIBANK, N.A. and ROYAL BANK OF CANADA, as syndication agents (in such capacity, the “Syndication Agents”), and MIZUHO BANK, LTD., BANK OF AMERICA, N.A., BARCLAYS BANK PLC, MUFG BANK, LTD. and BANCO SANTANDER, S.A., NEW YORK BRANCH, as documentation agents (in such capacity, the “Documentation Agents”).
