0001047469-17-001061 Sample Contracts

NONCOMPETITION AGREEMENT
Noncompetition Agreement • February 28th, 2017 • International Business Machines Corp • Computer & office equipment • New York

In recognition of the critical role that you will play as a senior executive with International Business Machines Corporation (“IBM”) and in recognition of your access to IBM Confidential Information by virtue of your position, and/or your membership on the Growth & Transformation Team, and/or your appointment as an IBM Fellow, and/or as consideration for your promotion or hiring as a senior executive, along with any awards to be granted to you under an IBM Long-Term Performance Plan (“LTPP”), and/or for other good and valuable consideration, you (“Employee” or “you”) agree to the terms and conditions herein of this Noncompetition Agreement (the “Agreement”). Capitalized terms not otherwise defined shall have the meaning ascribed to them in Paragraph 2.

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Contract
International Business Machines Corp • February 28th, 2017 • Computer & office equipment • New York

SECOND AMENDMENT dated as of October 21, 2016 (this “Amendment”) to the 5-Year Credit Agreement dated as of November 10, 2011 (the “Credit Agreement”), among INTERNATIONAL BUSINESS MACHINES CORPORATION (“IBM”), JPMORGAN CHASE BANK, N.A., as Administrative Agent, the Subsidiary Borrowers parties thereto (the “Subsidiary Borrowers”), the Lenders parties thereto, and the Syndication Agents and Documentation Agents named therein. Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Credit Agreement.

JPMORGAN CHASE BANK, N.A.
International Business Machines Corp • February 28th, 2017 • Computer & office equipment
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