Employee Stock Purchase Plan Sample Contracts

Twist Bioscience Corp – Twist Bioscience Corporation 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: September 26, 2018 Approved by the Stockholders: [ ], 2018 (October 17th, 2018)
LogicBio Therapeutics, Inc. – Logicbio Therapeutics, Inc. 2018 Employee Stock Purchase Plan (October 9th, 2018)
Advance Holdings, LLC – 2018 Employee Stock Purchase Plan (October 9th, 2018)
SI-BONE, Inc. – Si-Bone, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: July 26, 2018 Approved by the Stockholders: October 4, 2018 (October 5th, 2018)
PhaseBio Pharmaceuticals Inc – Phasebio Pharmaceuticals, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: October 4, 2018 Approved by the Stockholders: October 4, 2018 (October 5th, 2018)
SolarWinds Corp – 2018 Employee Stock Purchase Plan (October 5th, 2018)
Equillium, Inc. – Equillium, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: Approved by the Stockholders: (October 2nd, 2018)
Allogene Therapeutics, Inc. – Allogene Therapeutics, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: September 26, 2018 Approved by the Stockholders: October 1, 2018 (October 2nd, 2018)
Copytele – Itus Corporation Employee Stock Purchase Plan (October 1st, 2018)
Anaplan, Inc. – Anaplan, Inc. 2018 Employee Stock Purchase Plan (As Adopted Effective as of the Date of the Initial Public Offering) (October 1st, 2018)
Howard Bancorp MD – Howard Bancorp, Inc. 2017 Employee Stock Purchase Plan (September 27th, 2018)

The purpose of this 2017 Employee Stock Purchase Plan (the "Plan") is to provide eligible employees of Howard Bancorp, Inc. (the "Company") and certain of its subsidiaries with opportunities to purchase shares of the Company's common stock, $0.01 par value per share (the "Common Stock"). The Plan was approved by the Company's Board of Directors (the "Board") on October 5, 2017 (the "Adoption Date"), and is subject to stockholder approval as described below. An aggregate of 250,000 shares of Common Stock have been approved for this purpose. This Plan is intended to qualify as an "employee stock purchase plan" as defined in Section 423 of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code"), and shall be interpreted consistent therewith.

Calamp – 2018 Employee Stock Purchase Plan (September 27th, 2018)
Eton Pharmaceuticals, Inc. – 2018 Employee Stock Purchase Plan (September 25th, 2018)
Kodiak Sciences Inc. – KODIAK SCIENCES INC. 2018 EMPLOYEE STOCK PURCHASE PLAN (Adopted on August 14, 2018 and Effective as of the Business Day Prior to the Companys Initial Public Offering) (September 24th, 2018)
Alzheon, Inc. – Alzheon, Inc. 2018 Employee Stock Purchase Plan (September 24th, 2018)

The purposes of this Alzheon, Inc. 2018 Employee Stock Purchase Plan (as it may be amended or restated from time to time, the Plan) are to assist Eligible Employees of Alzheon, Inc., a Delaware corporation (the Company), and its Designated Subsidiaries in acquiring a stock ownership interest in the Company pursuant to a plan which is intended to qualify as an employee stock purchase plan within the meaning of Section 423(b) of the Code, and to help Eligible Employees provide for their future security and to encourage them to remain in the employment of the Company and its Designated Subsidiaries.

BJ's Wholesale Club Holdings, Inc. – Bjs Wholesale Club Holdings, Inc. Employee Stock Purchase Plan (September 24th, 2018)
BJ's Wholesale Club Holdings, Inc. – Offering Document Bjs Wholesale Club Holdings, Inc. Employee Stock Purchase Plan (September 24th, 2018)
Arvinas Holding Company, Llc – Arvinas, Inc. 2018 EMPLOYEE STOCK PURCHASE PLAN (September 14th, 2018)

This Plan is intended to qualify as an employee stock purchase plan as defined in Section 423 of the Internal Revenue Code of 1986, as amended (the Code), and the regulations issued thereunder, and shall be interpreted consistent therewith.

Netscout Systems, Inc. Amended and Restated 2011 Employee Stock Purchase Plan Adopted by the Board of Directors: June 29, 2011 Approved by the Stockholders: September 7, 2011 Amended and Restated by the Compensation Committee: February 8, 2012 Amended and Restated by the Compensation Committee: July 3, 2018 (September 13th, 2018)
SVMK Inc. – Svmk Inc. 2018 Employee Stock Purchase Plan (September 13th, 2018)
KLX Energy Services Holdings, Inc. – KLX ENERGY SERVICES HOLDINGS, INC. Employee Stock Purchase Plan (Effective as of September 13, 2018) (September 13th, 2018)
Upwork Inc. – Upwork Inc. 2018 Employee Stock Purchase Plan (September 6th, 2018)
Employee Stock Purchase Plan Amendment Number 3 to the Employee Stock Purchase Plan of the Hackett Group, Inc. (September 6th, 2018)
Y-mAbs Therapeutics, Inc. – Y-Mabs Therapeutics Inc. Employee Stock Purchase Plan (August 24th, 2018)
Eventbrite, Inc. – Eventbrite, Inc. 2018 Employee Stock Purchase Plan (August 23rd, 2018)

The purpose of the Eventbrite, Inc. 2018 Employee Stock Purchase Plan (the Plan) is to provide eligible employees of Eventbrite, Inc. (the Company) and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Companys Class A common stock, par value $0.00001 per share (the Common Stock). [2% of outstanding] shares of Common Stock in the aggregate have been approved and reserved for this purpose, plus on January 1, 2019 and each January 1 thereafter, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the lesser of (i) [2% of outstanding] shares of Common Stock, (ii) 1 percent of the number of shares of Common Stock and Class B common stock of the Company issued and outstanding on the immediately preceding December 31 or (iii) such lesser number of shares of Common Stock as determined by the Administrator (as defined in Section 1).

Entasis Therapeutics Ltd – Entasis Therapeutics Holdings Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: , 2018 Approved by the Stockholders: , 2018 (August 17th, 2018)
Systemax, Inc. 2018 Employee Stock Purchase Plan (August 17th, 2018)
BioNano Genomics, Inc – Bionano Genomics, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: August 14, 2018 Approved by the Stockholders: August 14, 2018 (August 15th, 2018)
Amyris – AMYRIS, INC. 2010 Employee Stock Purchase Plan as Amended May 22, 2018 (August 14th, 2018)
Aradigm Corp – ARADIGM CORPORATION Employee Stock Purchase Plan Adopted April 16, 1996 Approved by the Shareholders on June 5, 1996 Amended by the Board of Directors on April 7, 1998 Approved by the Shareholders on May 15, 1998 Amended by the Board of Directors on February 2, 1999 Approved by the Shareholders on May 21, 1999 Amended by the Board of Directors on April 3, 2000 Approved by the Shareholders on May 19, 2000 Amended by the Board of Directors on April 2, 2001 Approved by the Shareholders on May 18, 2001 Amended by the Board of Directors on December 17, 2001 Approved by the Shareholders on February (August 14th, 2018)
2007 Employee Stock Purchase Plan as Amended & Restated (August 13th, 2018)

The purpose of the 2007 Employee Stock Purchase Plan ("the Plan") is to provide eligible employees of athenahealth, Inc. (the "Company") and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Company's common stock, par value $0.01 per share (the "Common Stock"). 750,000 shares of Common Stock in the aggregate have been approved and reserved for this purpose, subject to adjustment as set forth in Section 17 below. The Plan is intended to constitute an "employee stock purchase plan" within the meaning of Section 423(b) of the Internal Revenue Code of 1986, as amended (the "Code"), and shall be interpreted in accordance with that intent.

Avalara Inc – AVALARA, INC. 2018 EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated Effective August 8, 2018) (August 10th, 2018)

The purposes of the Plan (a) are to provide employees of the Company and its Designated Companies with an opportunity to acquire an equity ownership interest in the Company and (b) to encourage employees to remain in the employ of the Company and its Designated Companies.

American Water Works – AMERICAN WATER WORKS COMPANY, INC. AND ITS DESIGNATED SUBSIDIARIES 2017 NONQUALIFIED EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated as of August 5, 2018) (August 9th, 2018)
Forum Merger Corp – Convergeone Holdings, Inc. (Formerly Forum Merger Corporation) 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: February 1, 2018 Approved by the Stockholders: February 20, 2018 Amended and Restated as of July 1, 2018 (August 9th, 2018)
Biodel Inc. – Albireo Pharma, Inc. 2018 Employee Stock Purchase Plan (August 9th, 2018)

The following constitute the provisions of the 2018 Employee Stock Purchase Plan (the "Plan") of Albireo Pharma, Inc. (the "Company").