0001193125-06-003422 Sample Contracts

RED HAT, INC. Red Hat, Inc. 2004 Long-Term Incentive Plan Restricted Stock Agreement Cover Sheet
Restricted Stock Agreement • January 9th, 2006 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

Red Hat, Inc., a Delaware corporation, hereby grants as of the date below (the “Grant Date”) to the person named below (the “Participant”) and the Participant hereby accepts, the number of restricted shares (the “Restricted Stock”) listed below of the Company’s common stock, $.0001 par value per share, with a vesting start date (the “Vesting Start Date”) listed below, such grant to be on the terms and conditions specified in the Red Hat, Inc. 2004 Long-Term Incentive Plan and in the attached Exhibit A.

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Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. LIMITED LIABILITY COMPANY AGREEMENT OF OPEN INVENTION NETWORK LLC
Limited Liability Company Agreement • January 9th, 2006 • Red Hat Inc • Services-computer programming, data processing, etc. • Delaware

This Limited Liability Company Agreement (this “Agreement”) of OPEN INVENTION NETWORK LLC (the “Company”), dated and effective as of November 8, 2005, is entered into among INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation, NOVELL, INC., a Delaware corporation, RED HAT, INC., a Delaware corporation, SONY CORPORATION OF AMERICA, a New York corporation, and ROYAL PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, a Delaware corporation.

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