0001262279-12-000004 Sample Contracts

THE FIRST MARBLEHEAD CORPORATION Restricted Stock Unit Agreement Granted Under
Restricted Stock Unit Agreement • January 31st, 2012 • First Marblehead Corp • Personal credit institutions • Delaware

This Agreement evidences the grant by The First Marblehead Corporation, a Delaware corporation (the “Company”), on [date] (the “Grant Date”) to [name] (the “Participant”) of [number] restricted stock units of the Company (individually, an “RSU” and collectively, the “RSUs”). Each RSU represents the right to receive one (1) share of the common stock, $0.01 par value per share, of the Company (“Common Stock”) as provided in this Agreement. The shares of Common Stock that are issuable or issued upon vesting of the RSUs, as the context may require, are referred to in this Agreement as “Shares.”

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