Employee Stock Purchase Plan Sample Contracts

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").

Sunrun Inc. – SUNRUN INC. 2015 EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated May 4, 2018) (August 9th, 2018)
INVESTMENT TECHNOLOGY GROUP, INC. AMENDED AND RESTATED EMPLOYEE STOCK PURCHASE PLAN Amended and Restated Effective June 7, 2018 (August 8th, 2018)
Blackline, Inc. – Blackline, Inc. 2018 Employee Stock Purchase Plan (August 8th, 2018)
Amendment to Calix, Inc. Amended and Restated 2017 Nonqualified Employee Stock Purchase Plan (June 24, 2018) (August 8th, 2018)

Effective June 24, 2018, the Compensation Committee of the Board of Directors of Calix, Inc. (the "Company") in its capacity as Plan Administrator of the Calix, Inc. Amended and Restated 2017 Nonqualified Employee Stock Purchase Plan (the "Plan") and pursuant to Section 2.16 of the Plan, adopted a resolution amending the Plan as set forth below. Capitalized terms not defined herein shall have the meaning ascribed in the Plan.

Ameresco Inc. 2017 EMPLOYEE STOCK PURCHASE PLAN as Amended the Purpose of This 2017 Employee Stock Purchase Plan (This "Plan") Is to Provide Eligible Employees of Ameresco Inc. (The "Company") and Certain of Its Subsidiaries With Opportunities to Purchase Shares of the Company's Class a Common Stock, $0.0001 Par Value Per Share (The "Common Stock"), Commencing at the Time Set Forth in the Plan. Subject to Adjustment Under Section 15 Hereof, the Number of Shares of Common Stock That Have Been Approved for This Purpose Is 200,000 Shares of Common Stock. This Plan Is Intended to Qualify as an "Em (August 8th, 2018)
DENTSPLY SIRONA INC. EMPLOYEE STOCK PURCHASE PLAN Effective May 23, 2018 (August 7th, 2018)
Arlo Technologies, Inc. – Arlo Technologies, Inc. 2018 Employee Stock Purchase Plan (August 7th, 2018)
Tokai Pharmaceuticals Inc – NOVUS THERAPEUTICS, INC. (F/K/a TOKAI PHARMACEUTICALS, INC.) 2014 EMPLOYEE STOCK PURCHASE PLAN (August 7th, 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.

Ringcentral, Inc. Amended and Restated Employee Stock Purchase Plan (August 7th, 2018)
TERADATA EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated on January 30, 2018) (August 6th, 2018)
Intersect Ent, Inc. Amended and Restated 2014 Employee Stock Purchase Plan Adopted by the Board of Directors: July 7, 2014 Approved by the Stockholders: July 10, 2014 Ipo Date/Effective Date: July 23, 2014 Amended and Restated by the Board of Directors: December 13, 2017 Amendment and Restatement Approved by the Stockholders: June 5, 2018 (August 3rd, 2018)
Take-Two Interactive Software, Inc. 2017 Global Employee Stock Purchase Plan, as Amended and Restated (August 3rd, 2018)

Purpose. The purpose of the Take-Two Interactive Software, Inc. 2017 Global Employee Common Stock Purchase Plan, as Amended and Restated (the "Plan") is to afford Eligible Employees an opportunity to obtain a proprietary interest in the continued growth and prosperity of Take-Two Interactive Software, Inc. (the "Company") through ownership of its shares of Common Stock. The Company intends for the Plan to have two components: a component that is intended to qualify as an "employee stock purchase plan" under Code Section 423 (the "Code Section 423 Component"), and a component that is not intended to qualify as an "employee stock purchase plan" under Code Section 423 (the "Non-Code Section 423 Component"). The provisions of the Code Section 423 Component shall be construed so as to extend and limit participation in a uniform and non-discriminatory basis consistent with the requirements of Code Section 423. A Purchase Right to purchase shares of Common Stock under the Non-Code Section 4

PLANTRONICS, INC. 2002 EMPLOYEE STOCK PURCHASE PLAN Amended and Restated Effective June 7, 2018 (August 3rd, 2018)

Purpose. The purpose of the Plan is to provide employees of the Company and its Designated Subsidiaries with an opportunity to purchase Common Stock of the Company through accumulated payroll deductions or a cash contribution, if applicable. This Plan includes two components: a Code Section 423 Plan Component and a Non-423 Plan Component. It is the intention of the Company to have the Code Section 423 Plan Component qualify as an "Employee Stock Purchase Plan" under Section 423 of the Code and the provisions of the Plan with respect to the Code Section 423 Component, accordingly, shall be construed so as to extend and limit participation in a manner consistent with the requirements of that section of the Code. In addition, this Plan authorizes the grant of options under the Non-423 Plan Component that do not qualify under Section 423 of the Code, pursuant to the rules, procedures or sub-plans adopted by the Administrator that are designed to achieve tax, securities laws or other obj

Clovis Oncology, Inc. 2011 Employee Stock Purchase Plan (August 2nd, 2018)
AEROHIVE NETWORKS, INC. 2014 EMPLOYEE STOCK PURCHASE PLAN (Amended & Restated as of July 18, 2018) (August 1st, 2018)
2018 Employee Stock Purchase Plan (July 31st, 2018)
Tenable Holdings, Inc. – Tenable Holdings, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: June 28, 2018 Approved by the Stockholders: July 6, 2018 Ipo Date: July 25, 2018 (July 26th, 2018)
Marika – 2018 Employee Stock Purchase Plan (July 26th, 2018)

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

Arlo Technologies, Inc. – Form of Arlo Technologies, Inc. 2018 Employee Stock Purchase Plan (July 23rd, 2018)
MiFi (Novatel Wireless, Inc) – 2000 Employee Stock Purchase Plan (July 18th, 2018)

Inseego Corp. hereby amends and restates the Novatel Wireless, Inc. 2000 Employee Stock Purchase Plan into this Inseego Corp. 2000 Employee Stock Purchase Plan, in order to provide eligible employees of the Company and its participating Subsidiaries with the opportunity to purchase Common Stock through payroll deductions. The Plan is intended to qualify as an employee stock purchase plan under Section 423(b) of the Code.

BioNano Genomics, Inc – Bionano Genomics, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: July 16, 2018 Approved by the Stockholders: July 16, 2018 (July 17th, 2018)
Replimune Group, Inc. – Replimune Group, Inc. Employee Stock Purchase Plan (July 10th, 2018)

This Employee Stock Purchase Plan is intended to promote the interests of Replimune Group, Inc., a Delaware corporation, by providing eligible employees with the opportunity to acquire a proprietary interest in the Corporation through participation in an employee stock purchase plan designed to qualify under Code Section 423 for one or more specified offerings made under such plan.

Crinetics Pharmaceuticals, Inc. – Crinetics Pharmaceuticals, Inc. 2018 Employee Stock Purchase Plan (July 9th, 2018)

The purposes of this Crinetics Pharmaceuticals, 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 Crinetics Pharmaceuticals, 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.

Bloom Energy Corp – Bloom Energy Corporation 2018 Employee Stock Purchase Plan (July 9th, 2018)
Allakos Inc. – Allakos Inc. 2018 Employee Stock Purchase Plan (July 9th, 2018)
Rubius Therapeutics, Inc. – Rubius Therapeutics, Inc. 2018 Employee Stock Purchase Plan (July 9th, 2018)

The purpose of the Rubius Therapeutics, Inc. 2018 Employee Stock Purchase Plan (the Plan) is to provide eligible employees of Rubius Therapeutics, Inc. (the Company) and each Designated Subsidiary (as defined in Section 11) with opportunities to purchase shares of the Companys common stock, par value $0.001 per share (the Common Stock). An aggregate of 951,488 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 through January 1, 2028, the number of shares of Common Stock reserved and available for issuance under the Plan shall be cumulatively increased by the least of (i) one percent (1%) percent of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, (ii) 951,488 shares of Common Stock or (iii) such number of shares of Common Stock as determined by the Administrator. The Plan is intended to constitute an employee stock purchase plan within

Sonos Inc – Sonos, Inc. 2018 Employee Stock Purchase Plan (July 6th, 2018)
Arlo Technologies, Inc. – Form of Arlo Technologies, Inc. 2018 Employee Stock Purchase Plan (July 6th, 2018)
FIRST AMENDMENT OF THE RADISYS CORPORATION 1996 EMPLOYEE STOCK PURCHASE PLAN (Amended and Restated Through June 7, 2017, and as May Be Further Amended From Time to Time) (July 2nd, 2018)

WHEREAS, Radisys Corporation, an Oregon corporation (the Company) has established and maintains the Radisys Corporation 1996 Employee Stock Purchase Plan, as Amended and Restated Through June 7, 2017, and as may be further amended from time to time (the Plan); and

FIRST AMENDMENT OF THE RADISYS CORPORATION 1996 EMPLOYEE STOCK PURCHASE PLAN (Amended and Restated Through June 7, 2017, and as May Be Further Amended From Time to Time) (July 2nd, 2018)

WHEREAS, Radisys Corporation, an Oregon corporation (the Company) has established and maintains the Radisys Corporation 1996 Employee Stock Purchase Plan, as Amended and Restated Through June 7, 2017, and as may be further amended from time to time (the Plan); and