NONCOMPETITION AGREEMENTNoncompetition Agreement • February 23rd, 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 being hired as a senior executive, any awards to be granted to you under an International Business Machines Corporation Long-Term Performance Plan (“LTPP”), your appointment to and/or membership on the Growth and Transformation Team (“G&TT”), 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:
JPMORGAN CHASE BANK, N.A. 383 Madison Avenue New York, New York 10179Credit Agreement • February 23rd, 2016 • International Business Machines Corp • Computer & office equipment
Reference is made to (i) the Credit Agreement, dated as of November 10, 2011 (as amended or modified from time to time, the “Credit Agreement”) among International Business Machines Corporation., a New York corporation (“IBM”), each Subsidiary Borrower (as defined in the Credit Agreement), the Lenders (as defined in the Credit Agreement), JPMorgan Chase Bank, N.A., as administrative agent for the Lenders and the other agents named therein and (ii) the Extension Request, dated as of September 23, 2015 (the “Extension Request”), delivered by IBM to the Administrative Agent pursuant to Section 2.21(a) of the Credit Agreement. Capitalized terms used but not defined herein are used with the meanings assigned to them in the Credit Agreement.
