FORM OF NONQUALIFIED STOCK OPTION AGREEMENT Under the Emisphere Technologies, Inc. 2007 Stock Award and Incentive PlanNonqualified Stock Option Agreement • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT dated as of the ___day of ____ 2007, between Emisphere Technologies, Inc., a Delaware Corporation (the "Company"), and ______ (the "Optionee").
Amendment to 11% Senior Secured Convertible NoteSenior Secured Convertible Note • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations
Amendment No. 1, dated as of March 30, 2007 (this “Amendment”), to the 11% Senior Secured Convertible Note (the “Note”), dated as of September 26, 2005, between Emisphere Technologies, Inc., a Delaware corporation (the “Company”), as issuer, and [MHR Capital Partners Master Account LP, an Anguilla, British West Indies limited partnership, as successor by assignment from MHR Capital Partners (500) LP, a Delaware limited partnership] [MHR Capital Partners (100) LP, a Delaware limited partnership] [MHR Institutional Partners II LP, a Delaware limited partnership] [MHR Institutional Partners IIA LP, a Delaware limited partnership] (the “Holder”), as payee. Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Note.
FORM OF RESTRICTED STOCK AGREEMENT Under the Emisphere Technologies, Inc. 2007 Stock Award and Incentive PlanRestricted Stock Agreement • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT, made as of the ____ day of _______, 200[ ] (the “Grant Date”), by and between Emisphere Technologies, Inc., a Delaware corporation (the “Company”), and ____________ (the “Participant”).
INCENTIVE STOCK OPTION AGREEMENTIncentive Stock Option Agreement • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT dated as of the 12th day of February, 2007, between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and Lewis Henry Bender (the “Optionee”).
NONQUALIFIED STOCK OPTION AGREEMENTNonqualified Stock Option Agreement • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT dated as of the 6th day of April, 2007, between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and Michael V. Novinski (the “Optionee”).
FORM OF INCENTIVE STOCK OPTION AGREEMENT Under the Emisphere Technologies, Inc. 2007 Stock Award and Incentive PlanIncentive Stock Option Agreement • May 7th, 2007 • Emisphere Technologies Inc • Pharmaceutical preparations • Delaware
THIS AGREEMENT dated as of the [DAY] day of [MONTH], 200[ ], between Emisphere Technologies, Inc., a Delaware Corporation (the “Company”), and [NAME] (the “Optionee”).
