0000950157-10-002067 Sample Contracts

INTERNATIONAL BUSINESS MACHINES CORPORATION Debt Securities $1,000,000,000 2.000% Notes due 2016 UNDERWRITING AGREEMENT
Underwriting Agreement • December 8th, 2010 • International Business Machines Corp • Computer & office equipment • New York

It is understood that acceptance of this contract and other similar contracts is in the Company’s sole discretion and, without limiting the foregoing, need not be on a first come, first served basis. If this contract is acceptable to the Company, it is required that the Company sign the form of acceptance below and mail or deliver one of the counterparts hereof to the undersigned at its address set forth below. This will become a binding contract between the Company and the undersigned, as of the date first above written, when such counterpart is so mailed or delivered.

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