0001193125-09-123436 Sample Contracts

CISCO SYSTEMS, INC. RESTRICTED STOCK UNIT ASSUMPTION AGREEMENT
Restricted Stock Unit Assumption Agreement • June 2nd, 2009 • Cisco Systems Inc • Computer communications equipment

As you know, on May 19, 2009 (the “Closing Date”) Cisco Systems, Inc. (“Cisco”) acquired Tidal Software, Inc., (the “Acquisition”) pursuant to the Agreement and Plan of Merger by and among Cisco Systems, Inc., Tulip Acquisition Corp., Tidal Software, Inc., and the Shareholders’ Agent dated as of April 8, 2009 (the “Merger Agreement”). On the Closing Date you held one or more outstanding restricted stock unit awards to acquire shares of Tidal Software, Inc., common stock granted to you under the 2009 Equity Incentive Plan of Tidal Software, Inc. (the “Plan”). Pursuant to the Merger Agreement, on the Closing Date, Cisco assumed all obligations of Tidal Software, Inc., under your outstanding restricted stock unit award (or restricted stock unit awards). This Restricted Stock Unit Assumption Agreement (the “Agreement”) evidences the terms of Cisco’s assumption of a restricted stock unit award (or restricted stock unit awards) to acquire Tidal Software, Inc. common stock granted to you unde

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CISCO SYSTEMS, INC. STOCK OPTION ASSUMPTION AGREEMENT
Stock Option Assumption Agreement • June 2nd, 2009 • Cisco Systems Inc • Computer communications equipment

As you know, on May 19, 2009 (the “Closing Date”) Cisco Systems, Inc. (“Cisco”) acquired Tidal Software, Inc., (the “Acquisition”) pursuant to the Agreement and Plan of Merger by and among Cisco Systems, Inc., Tulip Acquisition Corp., Tidal Software, Inc., and the Shareholders’ Agent dated as of April 8, 2009 (the “Merger Agreement”). On the Closing Date you held one or more outstanding options to purchase shares of Tidal Software, Inc. common stock granted to you under the Tidal Software, Inc. 2006 Stock Plan and/or the Tidal Software, Inc. 1995 Stock Option Plan (collectively referred to as the “Plans”). Pursuant to the Merger Agreement, on the Closing Date, Cisco assumed all obligations of Tidal Software, Inc. under your outstanding option (or options). This Stock Option Assumption Agreement (the “Agreement”) evidences the terms of Cisco’s assumption of an option (or options) to purchase Tidal Software, Inc., common stock granted to you under the Plans (the “ Tidal Software, Inc. Op

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