FIRST AMENDMENT TO
ESPERION THERAPEUTICS, INC.
2020 EMPLOYEE STOCK PURCHASE PLAN
WHEREAS, Esperion Therapeutics, Inc. (the “Company”) maintains the Esperion Therapeutics, Inc. 2020 Employee Stock Purchase Plan (the “Plan”);
WHEREAS, pursuant to Section 18 of the Plan, the Company’s Board of Directors (the “Board”) may amend the Plan from time to time; and
WHEREAS, the Board has determined it is in the best interests of the Company to amend the Plan as described below.
NOW THEREFORE, LET IT BE RESOLVED, that effectively as of the date of this First Amendment, the Plan be amended as follows:
NOW, THEREFORE, the Plan is amended as follows:
The first sentence of Section 3 of the Plan is deleted and hereby replaced with the following:
All individuals classified as employees on the payroll records of the Company and each Designated Subsidiary are eligible to participate in any one or more of the Offerings under the Plan, provided that as of the first day of the applicable Offering (the “Offering Date”) they are customarily employed by the Company or a Designated Subsidiary for more than 20 hours a week and have completed at least three months of employment.
All capitalized terms used and not defined herein shall have the meanings ascribed to such terms in the Plan.
Except as expressly amended hereby, the Plan remains in full force and effect in accordance with its terms.
Adopted by the Board of Directors of Esperion Therapeutics , Inc.: July 31, 2020