Item 5.02 Departure of Directors of Certain Officers; Election of Directors;
Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.
(b) On October 23, 2009, Franklin M. Berger resigned from the board of directors
of Emisphere Technologies, Inc. (the "Company") in order to focus more time on
certain other business endeavors. No disagreement existed between Mr. Berger and
the Company that resulted in his resignation.