0001193125-11-243569 Sample Contracts

THE FIRST MARBLEHEAD CORPORATION Restricted Stock Unit Agreement Granted Under
Restricted Stock Unit Agreement • September 8th, 2011 • First Marblehead Corp • Personal credit institutions • Delaware
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INVENTION, NON-DISCLOSURE, [NON-COMPETITION]1 AND NON-SOLICITATION AGREEMENT
Invention, Non-Disclosure, Non-Competition and Non-Solicitation Agreement • September 8th, 2011 • First Marblehead Corp • Personal credit institutions

This Agreement is made this day of , 2011 between The First Marblehead Corporation, a Delaware corporation (hereinafter referred to collectively with its direct and indirect subsidiaries and affiliates as the “Company”), and (the “Employee”). [For the avoidance of doubt, references to the Company in this Agreement include FM Systems LLC (d/b/a Tuition Management Systems LLC), except where the context otherwise requires.]2

Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. LOAN PROGRAM AGREEMENT
Loan Program Agreement • September 8th, 2011 • First Marblehead Corp • Personal credit institutions • Massachusetts

The report shall consist of aggregate program data and metrics and provide information in at least the following categories:

THIRD AMENDMENT TO LEASE
Lease • September 8th, 2011 • First Marblehead Corp • Personal credit institutions

THIS THIRD AMENDMENT TO LEASE (“Amendment”) is made and entered into as of the 1 day of July, 2011, with an effective date of July 1, 2011, by and between CABOT ROAD OWNER – VEF VI, LLC, a Delaware limited liability company (“Landlord”) and THE FIRST MARBLEHEAD CORPORATION, a Delaware corporation (“Tenant”).

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