Employee Stock Purchase Plan Sample Contracts

Wintrust Financial Corporation – Amended and Restated Wintrust Financial Corporation Employee Stock Purchase Plan (May 25th, 2018)
Brighthouse Financial, Inc. – Amendment Number One to the Brighthouse Financial, Inc. Employee Stock Purchase Plan (May 25th, 2018)

The BRIGHTHOUSE FINANCIAL, INC. EMPLOYEE STOCK PURCHASE PLAN (Plan) is hereby amended as follows, effective as of February 23, 2018:

PayPal Holdings, Inc. – PayPal Holdings, Inc. Amended and Restated Employee Stock Purchase Plan (May 25th, 2018)
Brighthouse Financial, Inc. – Brighthouse Financial, Inc. Employee Stock Purchase Plan (May 25th, 2018)

The purpose of the Brighthouse Financial, Inc. Employee Stock Purchase Plan (the Plan) is to encourage and facilitate stock ownership by Employees by providing an opportunity to purchase Common Stock of Brighthouse Financial, Inc. through voluntary after-tax payroll deductions and cash contributions. The Plan is intended to be a qualified employee stock purchase plan meeting the requirements of Section 423 of the Code.

INC Research Holdings, Inc. – SYNEOS HEALTH, INC. 2016 EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated on May 24, 2018) (May 25th, 2018)
Kezar Life Sciences, Inc. – Kezar Life Sciences, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: Approved by the Stockholders: (May 24th, 2018)
Atricure – Atricure, Inc. 2018 Employee Stock Purchase Plan (May 23rd, 2018)
2018 Employee Stock Purchase Plan (May 23rd, 2018)
Intercontinental Exchange, Inc. – Intercontinental Exchange, Inc. 2018 Employee Stock Purchase Plan (May 21st, 2018)
NVIDIA Corporation Amended and Restated 2012 Employee Stock Purchase Plan (May 21st, 2018)

which such transfer occurs will be transferred to the Non-423 Component, and such Participant will immediately join the then current Offering under the Non-423 Component upon the same terms and conditions in effect for his or her participation in the Plan, except for such modifications as may be required by applicable law. A Participant who transfers employment from a Designated Non-423 Corporation participating in the Non-423 Component to the Company or any Designated 423 Corporation participating in the 423 Component will remain a Participant in the Non-423 Component until the earlier of (i) the end of the current Offering Period under the Non-423 Component, or (ii) the Offering Date of the first Offering in which he or she participates following such transfer.

Sailpoint Technologies Holdings, Inc. – Form of Sailpoint Technologies Holdings, Inc. Employee Stock Purchase Plan (May 21st, 2018)
CBOE Holdings – Cboe Global Markets, Inc. Employee Stock Purchase Plan (May 18th, 2018)
Delta Petroleum Corporation – Par Pacific Holdings, Inc. 2018 Employee Stock Purchase Plan Approved by the Board of Directors - February 27, 2018 Approved by Stockholders May 8, 2018 (May 18th, 2018)
Welltower Inc. Employee Stock Purchase Plan (May 17th, 2018)
Rudolph Technologies, Inc. 2018 Employee Stock Purchase Plan (May 16th, 2018)
Cyberoptics Corporation 1992 Employee Stock Purchase Plan (May 15th, 2018)
Adm Employee Stock Purchase Plan (May 15th, 2018)
Scholar Rock Holding Corp – Scholar Rock Holding Corporation 2018 Employee Stock Purchase Plan (May 14th, 2018)

The purpose of the Scholar Rock Holding Corporation 2018 Employee Stock Purchase Plan (the Plan) is to provide eligible employees of Scholar Rock Holding Corporation (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). 235,743 shares of Common Stock 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) 353,614 shares of Common Stock, (ii) 1% of the number of shares of Common Stock issued and outstanding on the immediately preceding December 31st, or (iii) such lesser number of shares of Common Stock as determined by the Administrator. The Plan is intended to constitute an employee stock purchase plan within the meaning of Section 423(b) of

Avalara Inc – Avalara, Inc. 2018 Employee Stock Purchase Plan (May 11th, 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.

Planet Fitness, Inc. – The Planet Fitness, Inc. 2018 Employee Stock Purchase Plan (May 11th, 2018)
Tesaro – Amendment to the Tesaro, Inc. 2012 Employee Stock Purchase Plan (May 11th, 2018)

The TESARO, Inc. 2012 Employee Stock Purchase Plan (the ESPP) is hereby amended as set forth below, effective as of the date of adoption (the Adoption Date) of this Amendment by the Board of Directors of TESARO, Inc. (the Company), subject to the approval of this Amendment by the stockholders of the Company, as provided below:

Ducommun Incorporated 2018 Employee Stock Purchase Plan (May 10th, 2018)
2007 Employee Stock Purchase Plan (May 10th, 2018)
Forrester Research, Inc. Second Amended and Restated Employee Stock Purchase Plan (May 10th, 2018)
Kadmon Holdings, LLC – Kadmon Holdings, Inc. Amended and Restated 2016 Employee Stock Purchase Plan (May 8th, 2018)
Us Xpress Enterprises – Employee Stock Purchase Plan (May 7th, 2018)
Pluralsight, Inc. – Pluralsight, Inc. 2018 Employee Stock Purchase Plan (May 7th, 2018)
Obalon Therapeutics Inc – Amendment to Obalon Therapeutics, Inc. 2016 Employee Stock Purchase Plan (May 4th, 2018)

THIS AMENDMENT (this "Amendment") to the Obalon Therapeutics, Inc. 2016 Employee Stock Purchase Plan, is made and adopted by the Compensation Committee of the Board of Directors (the "Committee") of Obalon Therapeutics, Inc., a Delaware corporation (the "Corporation"), effective as of April 30, 2018 (the "Amendment Effective Date"). All capitalized terms used but not otherwise defined herein shall have the respective meanings ascribed to such terms in the Plan (as defined below).

Herbalife – Herbalife Ltd. Employee Stock Purchase Plan (May 3rd, 2018)
Abpro Corp – Abpro Corporation 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: April 23, 2018 Approved by the Stockholders: April 30, 2018 (May 2nd, 2018)
AMERISOURCEBERGEN CORPORATION AMENDED AND RESTATED EMPLOYEE STOCK PURCHASE PLAN (As Amended and Restated on March 2, 2018) (May 2nd, 2018)

This Employee Stock Purchase Plan is intended to promote the interests of AmerisourceBergen Corporation (the "Company") by providing eligible employees with the opportunity to acquire a proprietary interest in the Company through participation in a payroll-deduction based employee stock purchase plan intended to meet the requirements of section 423 of the Code.

Docusign Inc – Docusign, Inc. 2018 Employee Stock Purchase Plan Adopted by the Board of Directors: February 28, 2018 Approved by the Stockholders: April 12, 2018 Ipo Date: April 26, 2018 (May 1st, 2018)
Helen of Troy Limited 2008 Employee Stock Purchase Plan (April 30th, 2018)

This First Amendment (this "Amendment") to Helen of Troy Limited 2008 Employee Stock Purchase Plan (the "Plan") is approved by the Board of Directors of Helen of Troy Limited on this 25 day of August, 2009 and is effective as of the same date.

Second Amendment to Helen of Troy Limited 2008 Employee Stock Purchase Plan (April 30th, 2018)

This Second Amendment ("Second Amendment") to the Helen of Troy Limited 2008 Employee Stock Purchase Plan (the "Plan") is approved by the Board of Directors of Helen of Troy Limited on this 8th day of November, 2017 and is effective as of January 1, 2018.

Evelo Biosciences, Inc. – 2018 Employee Stock Purchase Plan (April 30th, 2018)

The purposes of this Evelo Biosciences, 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 Evelo Biosciences, 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.