0001047469-13-001765 Sample Contracts

CONFIDENTIAL TREATMENT CREDIT AGREEMENT dated as of November 20, 2012, among CUBIST PHARMACEUTICALS, INC., as Borrower, THE LENDERS PARTY HERETO and ROYAL BANK OF CANADA, as Administrative Agent
Credit Agreement • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • New York

CREDIT AGREEMENT dated as of November 20, 2012 (this “Agreement”), among CUBIST PHARMACEUTICALS, INC., a Delaware corporation (the “Borrower”), the LENDERS party hereto, ROYAL BANK OF CANADA as an Issuing Bank and the Swingline Lender, and ROYAL BANK OF CANADA, as Administrative Agent.

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RESTRICTED STOCK UNIT AGREEMENT CUBIST PHARMACEUTICALS, INC.
Restricted Stock Unit Agreement • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Restricted Stock Unit Agreement (the “Agreement”) governs the Award of restricted stock units (“RSUs”) to employees (“Participants”) of Cubist Pharmaceuticals, Inc. (the “Company”). The details of any RSU Award made to a Participant will be set forth in a letter from the Participant’s manager or other written communication from the Company (a “Notice”).

STRICTLY CONFIDENTIAL
Confidential • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Massachusetts

As we have discussed, your employment with Cubist Pharmaceuticals, Inc. (alternatively, “Cubist” or the “Company”) has ended as of October 3, 2012 (the “Departure Date”).

CUBIST PHARMACEUTICALS, INC. STOCK OPTION AGREEMENT FOR NON-U.S. PARTICIPANTS
Stock Option Agreement • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Stock Option Agreement (the “Agreement”) governs the Award of stock options (“Options”) to employees (“Optionees”) of Cubist Pharmaceuticals, Inc. (the “Company”). The details of any Option awarded to an Optionee will be set forth in a letter from the Optionee’s manager or other written communication from the Company (a “Notice”).

CONFIDENTIAL TREATMENT Amendment #5
Confidential Treatment • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations

Oso BioPharmaceuticals Manufacturing LLC (“OsoBio”) and Cubist Pharmaceuticals, Inc. (“Cubist”) are parties to a Processing Services Agreement dated August 11, 2004, as amended by Amendment No. 1 dated May 23, 2005, Amendment No. 2 dated April 18, 2007, Amendment No. 3 dated January 1, 2010, and Amendment No. 4 dated January 21, 2011 (collectively, the “Agreement”).

CUBIST PHARMACEUTICALS, INC. RESTRICTED STOCK UNIT AGREEMENT FOR NON-U.S. PARTICIPANTS
Restricted Stock Unit Agreement • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Restricted Stock Unit Agreement (the “Agreement”) governs the Award of restricted stock units (“RSUs”) to employees (“Participants”) of Cubist Pharmaceuticals, Inc. (the “Company”). The details of any RSU Award made to a Participant will be set forth in a letter from the Participant’s manager or other written communication from the Company (a “Notice”).

PERFORMANCE UNIT AGREEMENT CUBIST PHARMACEUTICALS, INC.
Performance Unit Agreement • February 27th, 2013 • Cubist Pharmaceuticals Inc • Pharmaceutical preparations • Delaware

This Performance Unit Agreement (this “Agreement”) governs an award (the “Award”) of performance units (“Performance Units”) granted to certain employees of Cubist Pharmaceuticals, Inc. (the “Company”) who have been selected for participation (each such employee, a “Participant”) under the Company’s 2012 Equity Incentive Plan (as amended from time to time, the “Plan”). The details of any Award made to a Participant will be set forth in a letter from the Participant’s manager or other written communication from the Company (a “Notice”).

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