0001193125-04-147455 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

This EMPLOYMENT AGREEMENT is made and entered into as of the 24th day of August, 2004, by and between International Securities Exchange, Inc., a Delaware corporation (“ISE”), and GARY KATZ (the “Executive”).

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FORM OF STOCKHOLDERS AGREEMENT Dated as of May 31, 2002 among INTERNATIONAL SECURITIES EXCHANGE, INC. and THE OTHER PARTIES NAMED ON THE SIGNATURE PAGES HERETO
Stockholders Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

This Stockholders Agreement (this “Agreement”), dated as of May 31, 2002, among International Securities Exchange, Inc., a Delaware corporation (the “Company”), and the other parties named on the signature pages hereto (the “Stockholders”).

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FORM of COUNTERPART to the STOCKHOLDERS AGREEMENT
Stockholders Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

COUNTERPART to the STOCKHOLDERS AGREEMENT, dated as of May 31, 2002, among International Securities Exchange, Inc., a Delaware corporation (“ISE”) and the other parties named on the signature pages thereto (such other parties, together with all subsequent holders of capital stock of ISE that are parties to the Stockholders Agreement (as defined below), are referred to herein as the “Stockholders”), (the “Stockholders Agreement”), made as of , by (“New Stockholder”), and acknowledged by ISE.

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AGREEMENT AND PLAN OF MERGER OF INTERNATIONAL SECURITIES EXCHANGE, INC. ETC ACQUISITION CORP. AND EXCHANGE TECHNOLOGY CORP.
Agreement and Plan of Merger • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

AGREEMENT AND PLAN OF MERGER, dated this 10th day of April, 2002 (this “Agreement”), by and among International Securities Exchange, Inc., a Delaware corporation (“Parent”), ETC Acquisition Corp., a Delaware corporation and wholly-owned subsidiary of Parent (“Sub”), and Exchange Technology Corp., a Nevada corporation (“ETC”). Sub and ETC are sometimes hereinafter referred to together as the “Constituent Corporations”.

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AGREEMENT AND PLAN OF MERGER OF INTERNATIONAL SECURITIES EXCHANGE LLC, AND INTERNATIONAL SECURITIES EXCHANGE, INC.
Agreement and Plan of Merger • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

AGREEMENT AND PLAN OF MERGER, dated this 14th day of December, 2001 (this “Agreement”), by and between International Securities Exchange LLC, a New York limited liability company (“Old ISE”), and International Securities Exchange, Inc., a Delaware corporation and wholly-owned subsidiary of Old ISE (“New ISE”). Old ISE and New ISE are sometimes hereinafter referred to together as the “Constituent Corporations”.

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NOVATION AGREEMENT
Novation Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services
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SUBSCRIPTION AGREEMENT
Subscription Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services • New York

This Subscription Agreement (this “Agreement”), dated as of May , 2002, between International Securities Exchange, Inc., a Delaware corporation (the “Company”), and the parties named on the signature pages hereto (the “Stockholders”).

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AMENDMENT AND SUPPLEMENT TO THE DELIVERY AND LICENSE AGREEMENT AND THE SUPPORT AGREEMENT Between OM (US) INC., OM TECHNOLOGY AB, And INTERNATIONAL SECURITIES EXCHANGE, INC. Dated as of June 30, 2004
Delivery and License Agreement • August 27th, 2004 • International Securities Exchange, Inc. • Security & commodity brokers, dealers, exchanges & services

This AMENDMENT AND SUPPLEMENT TO THE DELIVERY AND LICENSE AGREEMENT AND SUPPORT AGREEMENT shall be effective as of June 30, 2004 (the “Effective Date”) between OM (US) Inc. (“OMUS”), OM Technology AB (“OMAB”), [***] and International Securities Exchange, Inc. (“ISE”) (collectively, the “Parties”).

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