0000950123-09-055622 Sample Contracts

EMPLOYMENT AGREEMENT v7.4
Employment Agreement • October 30th, 2009 • Athenahealth Inc • Services-business services, nec • Massachusetts

THIS EMPLOYMENT AGREEMENT (“Agreement’) is made and entered into as of 5/30 , 2008 by and between ATHENAHEALTH, INC. (the “Company”), and the undersigned Employee (“Employee”).

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ATHENAHEALTH, INC. INCENTIVE STOCK OPTION AGREEMENT UNDER THE ATHENAHEALTH, INC. 2007 STOCK OPTION AND INCENTIVE PLAN
Incentive Stock Option Agreement • October 30th, 2009 • Athenahealth Inc • Services-business services, nec

Pursuant to the athenahealth, Inc. 2007 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), athenahealth, Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.01 per share (the “Stock”), of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan.

ATHENAHEALTH, INC. NON-QUALIFIED STOCK OPTION AGREEMENT FOR COMPANY EMPLOYEES UNDER THE ATHENAHEALTH, INC. 2007 STOCK OPTION AND INCENTIVE PLAN
Non-Qualified Stock Option Agreement for Company Employees • October 30th, 2009 • Athenahealth Inc • Services-business services, nec

Pursuant to the athenahealth, Inc. 2007 Stock Option and Incentive Plan, as amended through the date hereof (the “Plan”), athenahealth, Inc. (the “Company”) hereby grants to the Optionee named above an option (the “Stock Option”) to purchase on or prior to the Expiration Date specified above all or part of the number of shares of Common Stock, par value $0.01 per share (the “Stock”) of the Company specified above at the Option Exercise Price per Share specified above subject to the terms and conditions set forth herein and in the Plan. This Stock Option is not intended to be an “incentive stock option” under Section 422 of the Internal Revenue Code of 1986, as amended.

FIRST AMENDMENT TO CREDIT AGREEMENT
Credit Agreement • October 30th, 2009 • Athenahealth Inc • Services-business services, nec • Massachusetts

This FIRST AMENDMENT TO CREDIT AGREEMENT, dated as of December 12, 2008 (this “Amendment”), modifies that certain Credit Agreement, dated as of September 30, 2008 (as amended, restated, amended and restated, extended, supplemented, modified and otherwise in effect from time to time, the “Credit Agreement”), among ATHENAHEALTH, INC., a Delaware corporation (the “Borrower”), each lender from time to time party thereto (the “Lenders”), BANK OF AMERICA, N.A., as administrative agent (in such capacity, the “Administrative Agent”) for itself and the other Lenders, the Swing Line Lender and the L/C Issuer. Any capitalized term used herein and not defined shall have the meaning assigned to it in the Credit Agreement.

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