0000950123-10-050316 Sample Contracts

FORM OF NONQUALIFIED STOCK OPTION AGREEMENT Under the Emisphere Technologies, Inc. 2007 Stock Award and Incentive Plan
Nonqualified Stock Option Agreement • May 17th, 2010 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware

THIS AGREEMENT dated as of the ___ day of ___ 20[___], between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and ___(the “Optionee”).

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FORM OF INCENTIVE STOCK OPTION AGREEMENT Under the Emisphere Technologies, Inc. 2007 Stock Award and Incentive Plan
Incentive Stock Option Agreement • May 17th, 2010 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware

THIS AGREEMENT dated as of the [DAY] day of [MONTH], 20[ ], between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and [NAME] (the “Optionee”).

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