INCENTIVE STOCK OPTION AGREEMENT Under the Emisphere Technologies, Inc.Incentive Stock Option Agreement • October 19th, 2012 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT dated as of the 15th day of October, 2012, between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and Carl V. Sailer (the “Optionee”).
EMPLOYMENT AGREEMENTEmployment Agreement • October 19th, 2012 • Emisphere Technologies Inc • Pharmaceutical preparations • New Jersey
This Employment Agreement (this “Agreement”) is entered into this 15th day of October, 2012, by and between Emisphere Technologies, Inc., a Delaware corporation with offices at 240 Cedar Knolls Road, Suite 200, Cedar Knolls, NJ 07027 (the “Company”) and Carl V. Sailer residing at 4 Greenbriar Lane, Montvale, NJ 07645 (the “Employee”).
AMENDMENT TO PLEDGE AND SECURITY AGREEMENTPledge and Security Agreement • October 19th, 2012 • Emisphere Technologies Inc • Pharmaceutical preparations • New York
THIS AMENDMENT TO PLEDGE AND SECURITY AGREEMENT (this “Amendment”), dated as of October 17, 2012, is made by and among EMISPHERE TECHNOLOGIES, INC., as grantor (together with each other grantor party to the Security Agreement (as defined below), “Grantor”) and MHR INSTITUTIONAL PARTNERS IIA LP, as secured party on behalf of the Lenders (as defined in the Security Agreement described below) and the 2012 Bridge Lenders (as hereinafter defined) (“Secured Party”). All capitalized terms used herein and not otherwise expressly defined herein shall have the respective meanings given to such terms in the Security Agreement (as defined below).
