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Exhibit
10.1
BEA SYSTEMS,
INC.
AMENDMENT TO STOCK OPTION
AGREEMENTS
This Amendment (the
“Amendment”) to the stock options described below (the
“Options”), by and between BEA Systems, Inc., a
Delaware corporation, and Mark Carges (the “Optionee”)
is effective as of December 12, 2007. Capitalized terms used
in this Amendment that are not otherwise defined herein shall have
the respective meanings assigned to them in the plan document or
option agreement related to each Option.
WHEREAS , Optionee has
been granted the following Options:
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Award ID
Number 000628, dated March 27, 1997, granted under the
Company’s 1995 Flexible Stock Incentive Plan, to purchase
48,000 shares for $1.50000 per share.
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Award ID
Number 001031, dated October 15, 1997, granted under the
Company’s 1997 Stock Incentive Plan, to purchase 32,000
shares for $3.93750 per share;
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WHEREAS , the option
agreements pursuant to which the Options were granted do not permit
the exercise of the Options by having a number of shares with an
aggregate fair market value equal to the aggregate
option
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